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

[Love_Young]

Well put Baloo. MSLA, I really don't think you could get any better advice than this. I mean not to mention RobsLuv has experience with a lot of things immigration and she wouldn't tell you to do something if it wasn't for your best interest. Same goes for everyone else here. We go by living experience of what this process is about. A lawyer can "try" to tell you about this process and what it is like but the ones that know it best are the people on this forum. We share happiness, sorrow, pain, excitement with everyone here. I have been at the same stage you are in denying to hear the harsh facts of what has to be done to go through this process but one day you just have to wake up and face the facts. If you can't then this process isn't for you. As Baloo stated, this cannot be taken lightly. You are going to have to realize that things in life don't go the way we would like them to go all the time and we have to work for what we want. We all here want the genuine couples to get through painlessly but we would be lying if we said there was no struggle or pain that could come out of this. Sometimes the best of couples can't make it through this process. You have to make sure your relationship is willing to stay strong through the good and bad of this. We all want to get through it fast and with ease but that isn't up to us. I do wish you luck but I do think it would be wise if you would take the advice of Baloo and RobsLuv, go back to the US and make things right. You don't want to start this process off with a bad impression already to CIC, believe me, it does has consequences.

Also, you have already over stayed, you cannot apply for an extension. If it has only been 90 days since your status expired then you can apply to restore your status but you can only do that BEFORE the 90 days have past since your status expiring and from what I hear restoration of status is not easy to get nor does it give you any status while you are waiting for a decision like you would get implied status while waiting an extension. I think you should return to the US and apply Outland. You may also be able to return during the processing of the outland application but this is not guaranteed. Plus applying outland you could end up getting PR fast but also you could get refused but at least you have the appeal option. You could apply outland while still in Canada but you risk being deported and banned for years from Canada.

 

[Pharoh]

MSLA, you need to apply via Outland. You did what you did (overstaying), and though it may have seemed honorable or the best decision at the time, you broke the law, and CIC will most certainly reject you. If they do so, it's not because they don't "want" you, it's because you broke their law, and thus, gave them no reason to trust you as a potential PR/citizen.

Do what you want, but don't accuse people of not trying to help you, ignoring your questions, or trying to change your mind.

+ Ratings to Baloo, angelbrat, and Love_Young.

 

[Siouxie]

I would like to reinforce what Robsluv said -

"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."

You can stay in Canada and still make an "outland" application for family class (common-law). You do not have to leave Canada to do this, you just have to be available to go the US if they require an interview.

If you did decide to apply "inland" there is legislation that will allow you to apply regardless of the fact you have overstayed - see: http://www.cic.gc.ca/english/information/faq/immigrate/sponsor/spouse-faq02.asp#tphp%20idtphp

You would not be able to apply for a re-instatement of status unless it is 90 days, as previously quoted. You do not need to make an application for re-instatement of status to apply for PR.

 

[kelKel]

I also read of a case recently of someone who sponsored there spouse outland while remaining in Canada. They were without status. They were sent an exclusion order of one year for the overstay before the application was finalized and it was then refused. Your best, quickest most considerate (to your spouse and her family) would be to return home, work and return when the application is complete. The CIC will look better upon you if you return home to correct your status.