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Kaylawhynter

Newbie
Nov 13, 2016
2
0
Yesterday my wife and I crossed the Canadian border , she is American and I am Canadian. She has a clean background check and clean medical exam and we have been going back and forth for a year and a half. She is currently not working as she was taking care of her disabled mother and I am the financial support system

Upon pulling up to customs they already had a report ready to go and immediately pulled us over, searched our whole vehicle and proceeded to interrogate us further.
She was issued a 1 week visitor record despite us wanting longer.

How do we reset the clock?
How do we file for extension?
Does she absolutely need to leave and for how long?
Can she get implied status?
Can we apply for PR from within Canada?

We are devastated as this was something we had never experienced and want to spend more time together.
 
The issue is that's she's not allowed to live in Canada - only visit. And if she has been spending too much time in Canada, CBSA may be concerned she is abusing her visitor privileges. It sounds like the officer had concerns about her ties to the US and her interest in staying in Canada long term. How long she is allowed into Canada is not up to you - it is up to the CBSA official.

How long was she planning on staying?

She can apply to extend her status from within Canada here: http://www.cic.gc.ca/english/visit/extend-stay.asp

Yes - you can apply for PR from within Canada although the inland route is typically the wrong way for Americans to go. If you apply inland, she should really remain in Canada without leaving until the application is processed (this could take a couple of years).
 
She recently lost her job and in our eyes we saw it as a blessing in disguise so that we could get proper time together. In the last 1.5 years she's only come to Canada 3 times, this being the third.

She was not planning on returning to the USA until our process was finished. We just no longer wanted to be apart is all, she has no intention of working under the table. We've been following everything by the book.

If we apply for an extension will she have implied status?
And if we apply for PR now will she be allowed to stay?
 
Unfortunately the loss of her job actually worked against her by lessening her ties to Canada.

Yes - you can apply for an extension and this will give her implied status until a decision is made.

Yes - you can apply for PR. If you apply inland AND include an Open Work Permit application with the application, she can remain in Canada. Get the application in ASAP.