Lack of status during permanent resident process

[Xanthe]

Hello all,
First time posting here so I hope I've posted in the right place. These forums are a wealth of information but I can't find information about my situation.

I am Canadian and i Just married my fiancé on may 28th, 2011. She is Costa Rican. She came here on a visitors visa, which expires aug. 7th, 2011. When she entered Canada this past February I informed the CBSA officer that we would be marrying in may and she informed us this was ok. She then stamped her visa till aug. 6th, one day before her visa expires and also gave her an official document to show a CBSA officer when she left Canada.

We submitted a spousal permanent resident application, from within Canada at the end of June. We used a lawyer to file everything and he suggested we also apply for her travel visa to be extended knowing, she would be lack of status before we received a response.

My question is this... Should I take her to the border and explain to a CBSA officer that we have both a PR And visa extention in? What exactly is the document the Officer gave her mean, that they want signed before she leaves? She does not want to return costa rica until she has her PR card and we know she won't be allowed back into Canada until she has a PR card or visa extention. Will she be in jeapordy if she does not leave on aug. 7th?

Thanks for any help I can get!

 

[PMM]

Hi

Hello all,
First time posting here so I hope I've posted in the right place. These forums are a wealth of information but I can't find information about my situation.

I am Canadian and i Just married my fiancé on may 28th, 2011. She is Costa Rican. She came here on a visitors visa, which expires aug. 7th, 2011. When she entered Canada this past February I informed the CBSA officer that we would be marrying in may and she informed us this was ok. She then stamped her visa till aug. 6th, one day before her visa expires and also gave her an official document to show a CBSA officer when she left Canada.

We submitted a spousal permanent resident application, from within Canada at the end of June. We used a lawyer to file everything and he suggested we also apply for her travel visa to be extended knowing, she would be lack of status before we received a response.

My question is this... Should I take her to the border and explain to a CBSA officer that we have both a PR And visa extention in? What exactly is the document the Officer gave her mean, that they want signed before she leaves? She does not want to return costa rica until she has her PR card and we know she won't be allowed back into Canada until she has a PR card or visa extention. Will she be in jeapordy if she does not leave on aug. 7th?

Thanks for any help I can get!

Not necessary, if you included an extension request with your "in-Canada" spousal application, she has implied status until a decision is made. (8-9 months).

 

[Xanthe]

Ah, I see. I was confused because the Officer gave us a list requirements to present to another officer if we did a turn around to have her passport stamped for another 6 months and the list was rediculous considering we told her we were to be married and couldn't fulfill the list as she would be married.

The list included proof of PR application, wedding certificate, bank account statements from costa rica along with proof of employment in Costa Rica. It didn't make sense for her to receive the document based on our plans and what we told the Officer. So does that document become null and void because of our traveller visa extention application, or because of our PR application? Thanks for the quick response!

 

[Xanthe]

Just doing a little more searching and i am sure that the document my fiancé was given was a certificate of departure which is to be signed upon her departure. I'm confused though, why would a CBSA officer issue this if one can simply apply for a visa extension or Permanent Resident card and by pass this form and remain in country thereby claiming implied status. Doesn't make sense to me. This is why I am a little nervous about this Certificate of Departure form. Any ideas? Thanks...

 

[job_seeker]

It is probably a Visitor Record (VR) capping her stay. Anyway there's no stopping you from applying for an extension. Attach a copy of the VR together with a receipt of the payment for the spousal sponsorship. But make sure your application is received by CPC-V before the expiration of the VR.

Just doing a little more searching and i am sure that the document my fiancé was given was a certificate of departure which is to be signed upon her departure. I'm confused though, why would a CBSA officer issue this if one can simply apply for a visa extension or Permanent Resident card and by pass this form and remain in country thereby claiming implied status. Doesn't make sense to me. This is why I am a little nervous about this Certificate of Departure form. Any ideas? Thanks...

 

[Xanthe]

You may be right, we did photocopy this form and sent it off with our Permanent Resident and visitors visa extension applications. Hope there isn't any complications concerning this form whatever it is. Thanks for the tips guys!

 

[job_seeker]

So you have already sent an application for extension. Then she's on implied status till she receives a response from CPC-V.

You may be right, we did photocopy this form and sent it off with our Permanent Resident and visitors visa extension applications. Hope there isn't any complications concerning this form whatever it is. Thanks for the tips guys!

 

[Xanthe]

We submitted a spousal permanent resident application, from within Canada at the end of June. We used a lawyer to file everything and he suggested we also apply for her travel visa to be extended knowing, she would be lack of status before we received

Yeah... Thought That was clear from my original post. Thanks for the clarification, one can't be too careful in dealing with immigration!

 

[job_seeker]

We submitted a spousal permanent resident application, from within Canada at the end of June. We used a lawyer to file everything and he suggested we also apply for her travel visa to be extended knowing, she would be lack of status before we received a response.

A bit of a misunderstanding there because visa can not be extende; need to apply for a new but the allowed visit can be extended. Anyway all the best to you and your wife.

Yeah... Thought That was clear from my original post. Thanks for the clarification, one can't be too careful in dealing with immigration!

 

[Xanthe]

Thanks job_seeker, maybe you can help me with one more thing. We had a lawyer handle both her Vistor visa and Permanent resident applications. I just realized now though that we didn't send a copy of the Marriage certificate. We don't receive this until at least 12 weeks (which will put us at Aug. 28th) after the ceremony from the province of Ontario. We sent instead the Record of Solemnization for the wedding. In the Lawyers cover letter he stated that we had attached the marriage certificate on both applications. Should I be concerned or simply send it to Vegreville once we receive this Official Document? Thanks for any help you can be... 8)

 

[Xanthe]

Thanks job_seeker, maybe you can help me with one more thing. We had a lawyer handle both her Vistor visa and Permanent resident applications. I just realized now though that we didn't send a copy of the Marriage certificate. We don't receive this until at least 12 weeks (which will put us at Aug. 28th) after the ceremony from the province of Ontario. We sent instead the Record of Solemnization for the wedding. In the Lawyers cover letter he stated that we had attached the marriage certificate on both applications. Should I be concerned or simply send it to Vegreville once we receive this Official Document? Thanks for any help you can be... 8)

Anybody?

 

[job_seeker]

Yup, send a copy (I don't think they require the original) as soon as it is possible for you to receive the official MC.

Thanks job_seeker, maybe you can help me with one more thing. We had a lawyer handle both her Vistor visa and Permanent resident applications. I just realized now though that we didn't send a copy of the Marriage certificate. We don't receive this until at least 12 weeks (which will put us at Aug. 28th) after the ceremony from the province of Ontario. We sent instead the Record of Solemnization for the wedding. In the Lawyers cover letter he stated that we had attached the marriage certificate on both applications. Should I be concerned or simply send it to Vegreville once we receive this Official Document? Thanks for any help you can be... 8)