Implied Status for Spouse Sponsorship?

[forpetessake]

This is complicated, but I hope someone can help us figure out what to do.

My husband (who is a Canadian) and I got married in the US (where I am from) in May. On August 13th we came to Canada to help out his mom, and planned for this to be at most a 2 month visit, and at the border on the drive over the border patrol stamped my passport to leave by October 12th (she did not stamp my two year old son's passport-- is that a problem?). She attached a paper to my passport that said if we leave on or before October 12th we had to show the paper to the border people, but did not say we had to leave by then.
In the time following we decided my MIL needed more help than just a couple months and my husband got a job and we decided to apply for permanent residency, and sent in our application on September 29th.

Now it is January and we still have not heard anything back from our application. We understand it takes a long time but now we don't know if my son and I are here illegally or not. We do not know if the US/Canada 6 months visiting visa was out ruled by the paper and the stamp in my passport that says Oct. 12th, and since we have applied for permanent residency we don't know if we are here under implied status or not.

We are considering applying for a working visa for me which we know takes some time to process and you have to apply before 30 days of your visa expiring, and don't know if they will deny me based on the stamp that says Oct 12th, even though our 6 month visiting visa would put us at February 13th to leave by.

Please help if you know anything about this complicated situation. We don't know if we can go back into the US and come back into Canada to get a new stamp and then apply for a working visa or not, it seems like since we have applied for permanent residency they should let us back in with a new visitor stamp.

Thanks.

 

[bradybunchmom]

I may be wrong but I believe the stamp with the October date over rides the 6 month rule. So you may be illegal. You should apply for an extension as a visitor and to restore your status. You can try for an extension up to a year. If you applied outland for PR then you can not get a work permit.

 

[Ponga]

On August 13th we came to Canada to help out his mom, and planned for this to be at most a 2 month visit, and at the border on the drive over the border patrol stamped my passport to leave by October 12th (she did not stamp my two year old son's passport-- is that a problem?). She attached a paper to my passport that said if we leave on or before October 12th we had to show the paper to the border people, but did not say we had to leave by then.

Actually...she did.




Unfortunately, your legal status (and that of your son as well) expired on October 12th. A foreign national only has a 90 day window to apply for Restoration of Status, which is up tomorrow.

Since you didn't mention that you included an Open Work Permit with your application...I'll assume that you submitted an Outland application. Is that correct?

Unless you submitted an Inland application and an OWP (at the same time), you do NOT have implied status. Submitting a PR application, in and of itself, doesn't give the applicant implied status. An OWP is only available to Inland applicants.

It's impossible to say what, if anything, CBSA will do, but suffice to say that you are in Canada without authorization...and have been for 89 days.


Good luck!

 

[forpetessake]

We did not include an OWP with our inland application for PR.
Does this mean only if we send out an OWP application tomorrow we can extend our stay? Is there a way to extend our visitor visa online?

If our stamp says Oct. 12 that means my OWP application will be denied, right?

 

[Ponga]

A person can apply online to extend their visitor status, but unfortunately you cannot.

As soon as your status expired, you were officially out of status. Once you are out of status, you have to apply for Restoration of Status (which cannot be done online) within 90 days, or leave Canada and successfully re-enter again.

You should seriously consider withdrawing your Inland application and submitting an Outland application (which you can do, even if you are in Canada) ASAP. You'd probably need to leave Canada and attempt to return, but having proof of an Outland application would probably help your chance of being allowed to return.

There's no reason why you would want the 2 year (+) process of an Inland application, if you don't qualify for the OWP. Most Americans seem to complete the Outland process in 8-10 months, because the processing is done in Ottawa (NOT NY or LA). Only those with red flags, or inadmissibility issues are processed there, which could then be ~ 26 months or more.

 

[Ponga]

Sorry sounds like Ponga knows a bit more than I do I thought you could apply online but sounds like not in your situation. Good Luck!!

A visitor extension can be submitted electronically, but AFAIK, a Restoration of Status application must be made the old fashioned way.

 

[canuck_in_uk]

Unfortunately, your legal status (and that of your son as well) expired on October 12th. A foreign national only has a 90 day window to apply for Restoration of Status, which is up tomorrow.

You will need to apply for restoration and a visitor extension by tomorrow.

C'mon guys, check a calendar. Oct 12th was exactly 13 weeks ago today. 13 weeks x 7 days = 91 days; this means that OP is past the 90 day window and therefore CANNOT apply for Restoration of Status.

 

[Ponga]

C'mon guys, check a calendar. Oct 12th was exactly 13 weeks ago today. 13 weeks x 7 days = 91 days; this means that OP is past the 90 day window and therefore CANNOT apply for Restoration of Status.

Really getting tired of your `holier than thou' tone with your posts. Yes, you know why I'm grateful to you for your help in my own personal journey here, but your attitude sucks...big time!

 

[dee365]

C'mon guys, check a calendar. Oct 12th was exactly 13 weeks ago today. 13 weeks x 7 days = 91 days; this means that OP is past the 90 day window and therefore CANNOT apply for Restoration of Status.

What does OP mean?

 

[canuck_in_uk]

Really getting tired of your `holier than thou' tone with your posts. Yes, you know why I'm grateful to you for your help in my own personal journey here, but your attitude sucks...big time!

Lol, you can take it how you want...

It's fairly basic that Oct 12th to Jan12th is more than 90 days. You gave some incorrect information that someone was eligible to apply for restoration when they weren't, which is fairly serious. I corrected you and tried to make it as clear as possible to OP that she doesn't qualify for restoration and why.

What does OP mean?

OP = Original Poster.

 

[ifeedly]

Inland processing dosent depend upon legal status.
In the mean time apply for restoration of status as once the application has been approved for first stage they may issue an OWP for you.
but it does mean that you are stuck here for the duration of processing.

 

[Ponga]

Lol, you can take it how you want...

It's fairly basic that Oct 12th to Jan12th is more than 90 days. You gave some incorrect information that someone was eligible to apply for restoration when they weren't, which is fairly serious. I corrected you and tried to make it as clear as possible to OP that she doesn't qualify for restoration and why.


OP = Original Poster.

For the record, I never suggested to the OP that she should apply for ROS, because even though my `fairly basic' math that calculated her situation was `slightly off', there would have been no way that she could have even submitted the ROS to be received by CIC today anyway...which is why I didn't tell her to do that.

 

[bradybunchmom]

C'mon guys, check a calendar. Oct 12th was exactly 13 weeks ago today. 13 weeks x 7 days = 91 days; this means that OP is past the 90 day window and therefore CANNOT apply for Restoration of Status.

Sorry .......
I am a newbie and just have the info I have learned from research over the last year. Obviously that isn't much compared to an expert or an immigration lawyer human error ... :-[