Need help for potential sponsorship.

[WheretoBegin]

Heres my short semi long story:

I am american, my fiance is canadian. We have a legit relationship, been together for 3 years.

I overstayed my welcome in Canada but have never been denied. My last visit I was there for 1 year. e/ this was 2 months ago

We are currently in our original countries, we were planning on going to the niagra falls , her I and her young son and hoping to cross there and not be pulled into secondary...

I want to be sponsored, i'm sure she is qualified enough to sponsor me.

Does this leave me inadmissible? If I get pulled into secondary , what options are my best bet involving TRP , ARC and what else? Can I stay in Canada while these process?

What are my options?

 

[Ponga]

It's impossible to forecast what, if anything, will happen when you encounter the CBSA officer. If s/he is aware that you have previously overstayed as a visitor...it could certainly be a problem. Since you were never removed from Canada, that's a good thing.

AFAIK, the exit records of those leaving Canada were not kept for an American, but that may have changed, with the roll-out of the Beyond the Border program, which was supposed to track those exiting Canada...even Americans. I have no idea if it's been implemented yet.

IMHO, it would be best if you could submit the Outland application ASAP (including paying at least $550 of the required $1040 fees) before you plan your trip. Having an active application for spousal sponsorship would probably help you, since they will understand that you know how to properly plan to move to Canada.
If you are allowed entry, you could potentially remain in Canada [legally] for the duration of the process, which is taking most Americans ~ 8 months to complete.

You should also have solid proof that you still have ties to the U.S. (home, job, bank account, commitments, etc.) along with a return ticket for a date within 6 months (fully refundable, of course).

The most important thing is to never lie to a border officer. They have the authority to make your life miserable if you're not honest with them!

There are MANY other couples here that have either gone through what you're going through, or ARE going through it now. While you await replies from others here, dig through some of the other threads to figure out just how common this is...and how most people make it through it!

Good luck!

 

[WheretoBegin]

Can we pay for sponsorship if we aren't legally married yet?

What happens to my sponsorship status if I am denied?

What happens if I don't file this and get denied... What are my chances then? Would I have to wait the full year to then process it?

If I gain entrance into Canada, will I at any point get denied for "overstaying my welcome" ?

e/ I know for a fact they can see any applications I submitted once they get them at the first checkpoint. I'm not sure if this would help or hurt as i planned to say I was going to stay for a night in the falls then leave back to the american side.

 

[Ponga]

Sorry...I missed the part about you being engaged (lonnnng day); I thought you were married, or Common-Law (why?!?!?!).

Unless you have lived together for 1 full year (either in Canada, the U.S., or anywhere on the planet), you can't apply until you have done so, or are married.

You can apply as a Common-Law couple if you have lived together and have enough solid proof (such as a lease, or rental agreement for starters).


Is it your real plan to come to Canada and stay in Canada with your fiance and her son, or are you just looking for suggestions on how to enter Canada and then `maybe' submit a sponsorship application (when you are eligible)?

You can legally stay up to 6 months (unless told otherwise by a border officer), but many people simply apply to extend their stay citing that the are trying to establish Common-Law status, to then apply for sponsorship. If you have a clean past, it's usually pretty easy to do. This is how many couple remain together in Canada [legally] even though the foreign national (you) cannot legally live in Canada...yet.

 

[WheretoBegin]

We have lived together for almost 2.5 years.

I don't think we have any real solid proof on how we did. I was never on any lease or any agreements. Had no ties within Canada bill wise and such.. Everything was in here name. Unless facebook is enough proof lol.

I do intend to stay with her and her son. They are my family, we have been a couple for over 3 years. This isn't a maybe , its a definite... Best case scenario, we plan to be married within 2 months of my arrival.

 

[Ponga]

Oh yeah...FB is all you need to prove your relationship is genuine. LOL!

All you can do, really, is hope that you are allowed to enter Canada and then take it from there. Without knowing if your overstay is known to them, it's impossible to make a guess as to what could happen. If it doesn't go well, do NOT argue with them. The last thing you want is to have an Exclusion Order handed to you, banning you from Canada for a year or more (might be 2-3 years now).

It would be good if you have a return ticket with you for a date in the near future (within 6 months), but the longer you tell them that you plan to stay, the more they may ask you for proof of funds to support yourself during your stay. Your fiance can certainly tell them that she will look after you while you `visit' her and her son.

IMHO, you should tell the border officer that you are planning to stay for [tell them how long, but more than just overnight] and then continue with your plans to get married. You can then submit an Outland application (substantially faster than an Inland application for most Americans) and just extend your visitor status online before it expires.

Lastly, make sure you and your fiance fully understand what a sponsorship entails. There's a lot more to it than it just being a way to be together in Canada. She will be financially responsible for you for 3 years, so it's only fair that she understand this before doing anything.

 

[WheretoBegin]

Oh yeah...FB is all you need to prove your relationship is genuine. LOL!

All you can do, really, is hope that you are allowed to enter Canada and then take it from there. Without knowing if your overstay is known to them, it's impossible to make a guess as to what could happen. If it doesn't go well, do NOT argue with them. The last thing you want is to have an Exclusion Order handed to you, banning you from Canada for a year or more (might be 2-3 years now).

It would be good if you have a return ticket with you for a date in the near future (within 6 months), but the longer you tell them that you plan to stay, the more they may ask you for proof of funds to support yourself during your stay. Your fiance can certainly tell them that she will look after you while you `visit' her and her son.

IMHO, you should tell the border officer that you are planning to stay for [tell them how long, but more than just overnight] and then continue with your plans to get married. You can then submit an Outland application (substantially faster than an Inland application for most Americans) and just extend your visitor status online before it expires.

Lastly, make sure you and your fiance fully understand what a sponsorship entails. There's a lot more to it than it just being a way to be together in Canada. She will be financially responsible for you for 3 years, so it's only fair that she understand this before doing anything.

Yeah we understand everything, we have looked at it many times over the years but never went through it because at the time the fees were hard to swing after I proposed.

 

[Ponga]

Yeah we understand everything, we have looked at it many times over the years but never went through it because at the time the fees were hard to swing after I proposed.

I can assure you that it's not as overwhelming as you think.

Also, the only portion of the fees that need to be paid when you submit the application, are the $75 fee to assess the sponsor + $475 for your portion of the application. The remaining $490 (Right of Permanent Resident fee) can be paid near the end of the process.


I sincerely hope you find the border crossing to be quick and painless!

 

[WheretoBegin]

I can assure you that it's not as overwhelming as you think.

Also, the only portion of the fees that need to be paid when you submit the application, are the $75 fee to assess the sponsor + $475 for your portion of the application. The remaining $490 (Right of Permanent Resident fee) can be paid near the end of the process.


I sincerely hope you find the border crossing to be quick and painless!

Thank you friend, I as well.
If I do end up getting denied and our banned for 1 year. Our plan is to have her come down on a k visa and wait the year out. I just like Canada far more then the states and would rather be there.

 

[Ponga]

I can totally understand wanting to be North of `there'!

You'll find a lot of helpful people here, so come back as often as you need to.

 

[WheretoBegin]

I can totally understand wanting to be North of `there'!

You'll find a lot of helpful people here, so come back as often as you need to.

Will do

 

[WheretoBegin]

Bump, any more input would be appreciated!

 

[Broliee]

Just curious, what do they consider enough funds to support your visit if you're telling them you're staying for 3-4 months?

 

[rugrat907]

Bump, any more input would be appreciated!

.

Ponga gave you really good advice. The thing none of us know is whether the overstay has been noted or not, so it's hard to give more input. As Ponga said, have your ducks in a row...ties back to the U.S., like a bank account, bring copies of utility bills, etc will help make the case that you want to do everything by the book, which is even more important if they have noted the overstay.