Lawfully Admitted Quick Q

[TripleP]

Hey guys. A quick question about the “lawfully admitted for one year” part (Question 6b on IMM1344). I am sponsoring my common-law girlfriend. She came to Canada on a student visa with study permit on July 31, 2008. Her study permit and student visa are only valid until November 21, 2009. Also, when they stamped her passport upon entry, they wrote in handwriting the date by which she has to leave Canada (also November 21, 2009).

The complicating factor is that she and I recently flew back to Asia for a few weeks to visit her family. When we returned to Canada the other day on July 27, 2009, they stamped her passport, but they didn’t write a new date. So I guess that means she still needs to leave by November 21, 2009 unless she gets an extension (which she plans to).

In this type of situation where the person has briefly left the country, how does one answer the question?

 

[ariell]

Answer YES. She was legally admitted for a year! The fact that you left for a few weeks doesn't change that. Yes, her visa still expires Nov. 21 -- that wouldn't change just because she went on a trip.

 

[TripleP]

Thanks ariell for your help!

So the "clock" for this question started for her last year (July 31, 2008) when she was originally admitted for roughly 16 months. It's good to know that our trip out of Canada doesn't change that. Thanks so much!!

 

[Oronno]

Hi TripLep

Your trip doesnt change anything....

BTW, Are you going for InCanada or outland processing? If outland, are you going through Buffalo or her home country embassy in Asia?

Thanks.

 

[TripleP]

Hi Oronno. Thanks for the reply.

Outland. And we are applying through her home country in Asia (should be much faster, right of appeal, etc.). As such, we've checked off the boxes for 6.a) and 6.b) as "YES" and "NO" respectively. That's what we should do, right?

We've pretty much got the application all ready to roll now. We're planning to send it in the mail tomorrow!