My spouse overstayed her VISA by 10 months. How can we fix this?

[Sebastien1]

My girlfriend (now spouse, as we got married in Canada during her visit) came into Canada on October 29th, 2009 traveling from the United States (she is an American citizen). The Customs Agent at the airport only granted her a 3 month TRV (I am assuming it's a TRV, it was an official document attached inside of her PP by the Customs Agent in Canada) because he was suspicious of her intentions. She ended up overstaying her VISA by 10 months (approximately 300 days to be exact). She never did anything illegal while in Canada and left on her own accord in order to settle some personal issues in the USA, Customs and Immigration never contacted her or anything at any point in time, like I said she left on her own will. Now I am curious as to how we can get this fixed in order for her to come back into Canada AS SOON AS POSSIBLE. Here is some information that might be useful:

-She is an American citizen. And holds only a U.S Passport.
-We have not yet filed for her Canadian Citizenship, or a Permanent Resident card.
-She entered Canada on October 29th, 2009 and was granted a 3-month TRV instead of a 6-month Visitor Visa.
-She was required to leave Canada by January 5th, 2010.
-She did not leave Canada until November 12th, 2010.

 

[scylla]

There's no way to "fix" her overstay. If I were in your shoes, I would file her PR application before she tries to cross back into Canada. When she crosses, it would be best if you accompanied her. You should also bring proof that you have submitted the sponsorship application.

 

[Baloo]

My girlfriend (now spouse, as we got married in Canada during her visit) came into Canada on October 29th, 2009 traveling from the United States (she is an American citizen). The Customs Agent at the airport only granted her a 3 month TRV (I am assuming it's a TRV, it was an official document attached inside of her PP by the Customs Agent in Canada) because he was suspicious of her intentions. She ended up overstaying her VISA by 10 months (approximately 300 days to be exact). She never did anything illegal while in Canada and left on her own accord in order to settle some personal issues in the USA, Customs and Immigration never contacted her or anything at any point in time, like I said she left on her own will. Now I am curious as to how we can get this fixed in order for her to come back into Canada AS SOON AS POSSIBLE.

I have a few questions:
Why was the IO suspicious of her visit?
Can I ask why she decided to overstay?
Were you aware of the problems that may be caused by overstaying?

 

[rjessome]

My girlfriend (now spouse, as we got married in Canada during her visit) came into Canada on October 29th, 2009 traveling from the United States (she is an American citizen). The Customs Agent at the airport only granted her a 3 month TRV (I am assuming it's a TRV, it was an official document attached inside of her PP by the Customs Agent in Canada) because he was suspicious of her intentions. She ended up overstaying her VISA by 10 months (approximately 300 days to be exact). She never did anything illegal while in Canada and left on her own accord in order to settle some personal issues in the USA, Customs and Immigration never contacted her or anything at any point in time, like I said she left on her own will. Now I am curious as to how we can get this fixed in order for her to come back into Canada AS SOON AS POSSIBLE. Here is some information that might be useful:

-She is an American citizen. And holds only a U.S Passport.
-We have not yet filed for her Canadian Citizenship, or a Permanent Resident card.
-She entered Canada on October 29th, 2009 and was granted a 3-month TRV instead of a 6-month Visitor Visa.
-She was required to leave Canada by January 5th, 2010.
-She did not leave Canada until November 12th, 2010.

The overstay was corrected when she left.

scylla's advise to submit the PR application before she returns is good. Armed with the fees receipt and even Sponsorship Acceptance letter and Acknowledgement of Receipt letter from the visa post would be good. Accompanying her when she crosses next time would be good as well.

You know she can't apply for citizenship until she is a PR and living in Canada as a PR for 3 years. And she wasn't given a TRV, she was given a Visitor Record which is a permit stating how long she can stay.

 

[Sebastien1]

I have a few questions:
Why was the IO suspicious of her visit?
Can I ask why she decided to overstay?
Were you aware of the problems that may be caused by overstaying?

I believe the IO was suspicious because she indicated that she was flying up to see her "boyfriend", so he was probably under the presumption that she was flying up to Canada to get married and live here permanently. It might of also had to do with the fact that she is of asian descent, and i know to an extent there is generally discrimination (or stereotypes if you'd rather) when this ethnicity of people come into Canada.

She overstayed because she is a student, and the state she lives in (more particularily the part of the state) it is impossible to find work due to the poor economy and the fact that the majority of employed individuals are illegal immigrants, thus creating a tiny job pool for legal citizens. In other words she stayed so i could financially support her.

I was aware that there would be repercussions for her actions, as was she. But we had no idea exactly what they would be. To me it was better then her having nowhere to live or no way to financially support herself.

 

[scylla]

Sebastien -

I know what's done is done. However if for any reason you're ever in this situation again (e.g. if you don't end up filing the PR application immediately) you should submit an extension request to ask that her visit to Canada be prolonged. It doesn't matter if she was let in for six months, three months or three weeks - you can still request the extension to keep her status legal.

 

[Sebastien1]

There's no way to "fix" her overstay. If I were in your shoes, I would file her PR application before she tries to cross back into Canada. When she crosses, it would be best if you accompanied her. You should also bring proof that you have submitted the sponsorship application.

That sounds like a good plan. I understand that a sponsorship application can take months, if not years to process; I am guessing that is why you suggested to provide proof that it was submitted. My question is: how would I go about providing proof that it has been submitted? I imagine that would just involve providing a receipt for the application, or as someone else stated a letter?

 

[Sebastien1]

Sebastien -

I know what's done is done. However if for any reason you're ever in this situation again (e.g. if you don't end up filing the PR application immediately) you should submit an extension request to ask that her visit to Canada be prolonged. It doesn't matter if she was let in for six months, three months or three weeks - you can still request the extension to keep her status legal.

Yes i completely agree with you, Scylla. I really, really wish we had known about having the option to extend her visa. It would have been even better if we knew about submitting a PR application. I guess you could say we are now paying for our ignorance/negligence. Knowledge is power!

 

[scylla]

Apologies if I wasn't clear earlier...

The reason why I was recommending that you provide proof that the application was submitted the next time she crosses the border is because I think there's a decent change she might run into problems the next time she tries to enter Canada. Her last trip was limited to 3 months (rather than the standard 6) and then she overstayed. If this informaiton is available to border officials, this could complicate the crossing significantly.

As I'm sure you're aware, it's entirely up to the border official whether she's allowed in and for how long. Many are allowed in for the standard six months. Some (like your wife) are only granted a shorter visit. Some are denied entry completely. And some (very likely the smallest percentage) are even slapped with a 1-2 year ban from entering Canada.

At first I had my husband (American) carry the fee payment receipt whenever he crossed the border. Once I was approved as sponsor, he carried a copy of this letter as well. Once his file number was assigned, he carried a copy of this letter too. In your case I would be more agressive with the amount of proof you carry due to the overstay. (Maybe a photocopy of a few of the application forms, completed medical and police certificates?)

Hope this helps and makes sense...

 

[Sebastien1]

Apologies if I wasn't clear earlier...

The reason why I was recommending that you provide proof that the application was submitted the next time she crosses the border is because I think there's a decent change she might run into problems the next time she tries to enter Canada. Her last trip was limited to 3 months (rather than the standard 6) and then she overstayed. If this informaiton is available to border officials, this could complicate the crossing significantly.

As I'm sure you're aware, it's entirely up to the border official whether she's allowed in and for how long. Many are allowed in for the standard six months. Some (like your wife) are only granted a shorter visit. Some are denied entry completely. And some (very likely the smallest percentage) are even slapped with a 1-2 year ban from entering Canada.

At first I had my husband (American) carry the fee payment receipt whenever he crossed the border. Once I was approved as sponsor, he carried a copy of this letter as well. Once his file number was assigned, he carried a copy of this letter too. In your case I would be more agressive with the amount of proof you carry due to the overstay. (Maybe a photocopy of a few of the application forms, completed medical and police certificates?)

Hope this helps and makes sense...

Okay, that makes more sense. I will use the suggestions you and the other users provided me with and begin filing her PR and sponsorship immediately when I return to Canada next Wednesday. Additionally, I like your idea regarding the photo copies of the app forms & completed medical/police certificates, I believe that could help our case as well. And like I stated before, I can't really wait for the sponsorship to go through because time is of the essence; so that is probably our only option at this point if we wish to get her over here in the shortest time possible. I will also take the time to contact an immigration lawyer in hopes of gathering more information or advice regarding this ordeal.

Thank you very much for your time and consideration regarding this matter, it is greatly appreciated. I'd also like to thank anyone else who took the time to spend a few minutes clearing things up for me on these forums. If anyone has any more suggestions or ideas pertaining to this matter, please feel free to let me know in this thread. I will be constantly checking this website.

 

[Sebastien1]

The overstay was corrected when she left.

scylla's advise to submit the PR application before she returns is good. Armed with the fees receipt and even Sponsorship Acceptance letter and Acknowledgement of Receipt letter from the visa post would be good. Accompanying her when she crosses next time would be good as well.

You know she can't apply for citizenship until she is a PR and living in Canada as a PR for 3 years. And she wasn't given a TRV, she was given a Visitor Record which is a permit stating how long she can stay.

Can you receive a sponsorship acceptance letter before the sponsorship actually becomes legal? I understand that sponsorship can be a lengthy process, and as I mentioned our goal is to get her back into the country as soon as possible. So say if I filed it September 1st (for example), and even though the sponsorship might not be legal until say September 1st of next year, is there the possibility that they would give me a letter of Sponsorship Acceptance say within a month or two after filing it? Like, just as a form of proof for example.

Thanks for your time.

 

[Baloo]

Can you receive a sponsorship acceptance letter before the sponsorship actually becomes legal? I understand that sponsorship can be a lengthy process, and as I mentioned our goal is to get her back into the country as soon as possible. So say if I filed it September 1st (for example), and even though the sponsorship might not be legal until say September 1st of next year, is there the possibility that they would give me a letter of Sponsorship Acceptance say within a month or two after filing it? Like, just as a form of proof for example.

Thanks for your time.

When you file a spousal application there are two main steps:

1) Checking if the sponsor is allowed to sponsor and
2) Checking the applicant is suitable to enter Canada (for all the obvious reasons, relationship, security etc).

You are less likely to need a letter of proof when the application is in progress (sponsor approved), the IO is likely to know.
But it is always good to carry the sort of things suggested here.

 

[rjessome]

The sponsorship acceptance letter just says that you have been approved as a sponsor. It's the first stage and a requirement of this application process. You only become financially responsible after PR is granted and they land in Canada.

It takes about 4 to 6 weeks to receive the sponsorship acceptance letter from Mississauga if you are applying outland.

 

[Sebastien1]

Thank you all for taking the time to clear everything up for me. It is greatly appreciated. You guys are the best!

-Sebastien