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Need some help PLEASE!!!!!!!!

MSLA

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Apr 30, 2010
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My common-law wife and I have beenliving together for 22 months. I am a US citizen, her Canadian. I have been in Canada since May2009. I guess im here somewhat illegally but heard from a Lawyer that I do not need to go back to my home country. The lawyer said it would be $2500 to use his service, i cant afford hat right now. can someone tell me what forms I must fill out to get sponsored from my common-law wife. Do i have to file first to extend my stay or can I apply for permanent resident. thank You, this immigration stuff is very confusing and i want to do it right the first time. If you need anymore info to help me out,I would gladly offer it.
 

Baloo

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Nov 30, 2009
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MSLA said:
My common-law wife and I have beenliving together for 22 months. I am a US citizen, her Canadian. I have been in Canada since May2009. I guess im here somewhat illegally but heard from a Lawyer that I do not need to go back to my home country. The lawyer said it would be $2500 to use his service, i cant afford hat right now. can someone tell me what forms I must fill out to get sponsored from my common-law wife. Do i have to file first to extend my stay or can I apply for permanent resident. thank You, this immigration stuff is very confusing and i want to do it right the first time. If you need anymore info to help me out,I would gladly offer it.
I think leaving Canada would pretty much guarantee you will not get let back in on a TRV.



Note the following:
Although out-of-status spouses and common-law partners may now apply for permanent residence in the Spouse or Common-law Partner Class, persons without legal immigration status in Canada are unable to work or study and may be subject to removal proceedings at any time for failing to have or maintain legal immigration status in Canada.

Sponsorship is detailed here - http://www.cic.gc.ca/english/information/applications/guides/5289E10.asp

You can renew your status within 90 days, but you are way over that - Others here will comment on that.

I refer you to the reply you got a while ago - http://www.canadavisa.com/canada-immigration-discussion-board/please-helpus-citizen-in-canada-for-a-year-i-want-to-marry-my-fiance-soon-t40563.0.html;msg277085#msg277085
 

Baloo

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You had an answer a while ago on this.

RobsLuv said:
You can apply now as common-law partners, IF you can prove you've been co-habitating for at least one continuous year. Read through Sections 5.34-5.35 of the OP2 Processing Manual for information about how they assess common-law qualification. Otherwise, get married and apply as spouses.

You're out of status so, technically, you're in Canada illegally. That doesn't mean you won't be able to get a marriage licence but it does mean that, contrary to what you might interpret from information on the CIC website, applying for PR via the "inland" process is the worst thing you could do. First of all, there is no right of appeal for inland aps. Secondly, you'll be stuck in Canada for the duration of the process because if you leave and you're not re-admitted (likely because you've already overstayed) you lose the inland application and have to start all over again, and 3) you could wait for up to two years just to get to "first stage approval" where they issue you new temporary status - simply because of the fact that you're currently in Canada without valid status. For the inland process to go smoothly applicants have to have documented, valid temporary status in Canada and provide proof of that with their PR application. Yes, it is possible to apply and be approved for PR from within Canada even when you don't have valid status in Canada, but being in that situation means your application cannot benefit from straight-forward processing and it will be transferred to your local office for processing. Local offices are often backlogged with applications (especially in areas with a high influx of immigrants) and it can take up to two years for an officer to even start to review your file.

So - it is possible to apply for PR via the outland application process even while you're in Canada. It won't get you new temporary status - there's no way for you to do that now except to leave the country and try to re-enter . . . understanding that they can always refuse to allow you back in. But an outland PR application will continue to process without issue, regardless of where you're staying. If you left Canada and couldn't get back in, it would continue to process. If you stay in Canada illegally, it will still process. That's because it's processed through the embassy that represents your country of citizenship (Buffalo in your case), irregardless of where you're staying/living at the time. And it's a faster process than the inland one - Buffalo is currently finalizing spousal/common-law applications in 4-10 months. Add to that another 60 days or so for the sponsor's assessment through the Case Processing Centre in Mississauga (which happens before the file is transferred to Buffalo), and another 6 weeks if you're in Quebec. If an interview is required (less likely for spousal applicants because you don't have the additional burden of proof of common-law status), you'll have to go to the States for it and you might not get back into Canada afterwards BUT it's still a faster process AND you maintain your right of appeal for a refusal.

Either way - whether you get married or you apply as common-law partners - do it ASAP. Check out the US2Canada website for more specific information about the requirements.
 

Baloo

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Looks like you need to return to the USA - and file outland sponsorship, it is quite fast via Buffalo, and you retain the right of appeal.
 

MSLA

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Apr 30, 2010
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If I stay here in Canada, do I have to file to extend my stay first or do I fill out the application for PR? Thanks so much for your help.
 

MSLA

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Apr 30, 2010
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It really doesnt matter to me if it takes a little longer to process, my wife's father is in the hospital and has been for sometime. I could'nt possibly imagine leaving her for months in her tme of need. I've never been in trouble in my life, so I cant imagine why Id be denied. I just want to know what to do first given my present circumstances. Would the inland process be faster as common-law or if we got married?
 

Baloo

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I think you need to look at things in a slightly different way. Do you think that overstaying (breaking the law) will give the VO cause to look harder at your application, or will they think you are an upstanding candidate who respects the law?

You might not imagine leaving her at this time, but the other option could mean deportation and a ban from Canada.
Inland you could be waiting two years, are you that sure you will not need an appeals process?

Neither common law or married are faster.

The only things that have changed since the reply you got from Robsluv is, you have continued to overstay and you now want a way to resolve the problem that you have created.

Have you spoken to the CIC yet?
 

MSLA

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Apr 30, 2010
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I Overstayed because my wife's dad needed help and moved in with her parents to do so. I think they would see that as good thing and not that I was intentionally breaking the law. Should I file an extension to stay first or do I file for PR?
 

Baloo

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Believe the fact that they don't see overstaying as a good thing.
It must have been intentional or you would have left Canada.
 

MSLA

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Apr 30, 2010
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You have yet to answer my question many times I've asked "do I need to file an extension or do I fill out the PR form". Are you here o help me ? My mind is made up, please stop trying to change it
 

MSLA

Member
Apr 30, 2010
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Does anyone know if there are any free immigration help in r near the London ontario area? i sure could use a little legal help. the last lawyer I spoke with told me he could have me working in 6-9 monts given my present circumstances. But I cant afford his services. Any help wuld be much appreciated. It's a shame love must come with so much red tape.
 

MSLA

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Apr 30, 2010
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I look @ it this way baloo, if canada denies me, then obviously they dont want me here. I would just move back to Us with my wife and make her a US citizen. I wont let the law determine whom I love and want to be with. ive been a hard working person since my teens, i am 42 now.
 

angelbrat

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Oct 31, 2009
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You could try filing both an extension and PR application. You can, by the way, file an Outland application whilst still living in Canada. Which would be way quicker.

You are going to raise red flags for sure, whether you apply Outland or Inland.. How big the flags are, I cannot say, it all depends on the IO reviewing your case.

Make sure you have solid proof of why you remained in Canada illegally. Make sure you have solid proof of your relationship. Give CIC no corner to turn and you will probably get through this.

Good Luck :D
 

Baloo

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MSLA said:
You have yet to answer my question many times I've asked "do I need to file an extension or do I fill out the PR form". Are you here o help me ? My mind is made up, please stop trying to change it
Your answer was given by RobsLuv in April,

I also answered here, but clearly it was not the answer you wanted.
Baloo said:
Looks like you need to return to the USA - and file outland sponsorship, it is quite fast via Buffalo, and you retain the right of appeal.
I provided you information that was free, instead of costing you $2500. If you cannot afford the Lawyers fee then maybe you should reconsider PR.
For a simple case, fees are at least $1040, medical costs, documentation etc all add to the total. If you decide to stay illegally then maybe you need the lawyer.
I was not trying to change your mind, just providing information on some of the pitfalls.
If you think my approach is not what you want, you need to suck it up because CIC are not likely to be as easy going as me.

It makes me wonder that you say "not that I was intentionally breaking the law", but in your OP you said "im here somewhat illegally".
If a VO saw a simple slip like that even more red flags would go up.
One other thing that clearly will be an issue for CIC, is how you are supporting yourselves. Have you have worked in Canada?
Before you ask, no, you cant work in Canada.

MSLA said:
Does anyone know if there are any free immigration help in r near the London ontario area? i sure could use a little legal help. the last lawyer I spoke with told me he could have me working in 6-9 monts given my present circumstances. But I cant afford his services. Any help wuld be much appreciated. It's a shame love must come with so much red tape.
I used to live in London Ontario, as I remember it not much legal advice is free, try calling in at the visitor centre to ask them.
Love does not usually come with red tape, it would have been a simple matter to stay in status, but you chose otherwise.

MSLA said:
I look @ it this way baloo, if canada denies me, then obviously they dont want me here. I would just move back to Us with my wife and make her a US citizen. I wont let the law determine whom I love and want to be with. ive been a hard working person since my teens, i am 42 now.
If you do not prepare your application properly you could be refused (that is not about Canada not wanting people here).
It sounds like you are not committed to the Canadian PR process, believe me, you need to be sure it is what you want, many people go through hell to achieve PR and Citizenship of Canada.
If you are not certain and 100% committed, do not waste the time and money. The process has a cost, and in many cases here it has cost the relationship, not just the cash.
Lots of people on this forum wait apart for years, their families are separated and life is very difficult; to be honest when people like you abuse the system it does not sit well with many of us.
Being 42 does not mean much, we all make mistakes, but if we are smart we learn by them.

If you are still unclear about this, the answer to your questions...

Gather as much information as you can, leave Canada, work in the USA, gather more information, apply for PR, and wait.
If you apply outland while in Canada you will still be illegal, and you can be removed, IMO it is better to leave Canada.
You could attempt to revisit Canada before the PR process is complete, but it is not likely that you would be granted entry and it may add to your current problems.
There are people who have been admitted after being illegal, but there are others that have not. The same applies to getting PR.


If you do not want to take the advice that is your choice, however, repeating the question does not change the answer.