Overstay situation////out or in?

[roverb]

Hello. I've posted before but I've made some progress in my situation. Long story short. I've been living in Canada illegally (from USA) since I was like, 20 years old. I am now 31. I have never worked illegally, gone to school illegally, etc. I have just gotten married to a Canadian citizen.

I have done much reading and see that outland is a faster choice. As I still have family in California, going there is an option. (I know outland just means which office the app is processed, but if required I could attend interview is my point) But I have lived here 11 years. I know they ask for your personal history since 18 years old. I am confused what to do now.

I have been with my husband for all those years before getting married and we have now been married since August 20th this year.

 

[Love_Young]

Just wanted to mention that you don't have to be outside of Canada to apply outland. Outland isn't about where you are located but where the application will be processed. I know you mentioned you are aware of this but still thought I would mention it.
I would strongly recommend applying Outland because at least then you will still have appeal rights or if asked to leave or you choose to, the processing of the application will still continue. And for listing your personal history, you do as they say. Don't lie on the application. They will appreciate the honesty.

And you don't have to talk about it but I don't know how you could possibly be living in Canada for 11 years and not work, go to school illegally.

 

[roverb]

Hi -

Well this whole time I've been with my now husband who has financially supported me. My father passed away 6 years ago and left me some money which I have also used to support myself. For the past few years I took care of my best friend here who died of cancer this May. So I am here illegally, but I've never worked or gone to school.

The reason I am not choosing inland is because of the no appeal. I don't mind the wait time as I've already lived here this long. But I'm afraid of not having an appeal. Thanks for your suggestion and deeper explanation of outland.

So in personal history you would state you have been living in Canada, the truth? Will that not automatically cause a denial?

 

[Love_Young]

Hi -

Well this whole time I've been with my now husband who has financially supported me. My father passed away 6 years ago and left me some money which I have also used to support myself. For the past few years I took care of my best friend here who died of cancer this May. So I am here illegally, but I've never worked or gone to school.

The reason I am not choosing inland is because of the no appeal. I don't mind the wait time as I've already lived here this long. But I'm afraid of not having an appeal. Thanks for your suggestion and deeper explanation of outland.

So in personal history you would state you have been living in Canada, the truth? Will that not automatically cause a denial?

I hope you didn't think I was judging or putting down on you. I just know that for 2 years without being able to do anything, it almost drove me up the wall but I admire you for not being tempted to work illegally. That will look well on your part immigration wise.

Yes, you definitely want the benefit of having an appeal as a "just in case" thing. Hopefully you won't need that though.
And yes, you do need to mention your personal history from either the time you were 18 years old or for the past 10 years, whichever comes first. Don't lie, there is no need to. You aren't the only one with an overstay to apply so you should be okay and no it won't cause an automatic denial.

 

[roverb]

O.k. thanks and no I didn't take offense. It's been hard not to work. Trust me. But thankfully my husband has decent work and like I said, I got some money a few years back which didn't make me rich but helped a lot.

I PREFER the idea of being honest. I came here as a moron. Fell in love. Overstayed. Got married. I have tons of proof of relationship. But have been illegal here. I prefer to tell the truth. If that won't automatically cause a denial, I would like to go that route.

 

[Love_Young]

You're welcome.

Well good news is that you can get on the right track now and hopefully this will open up more for your life in the future together.
Don't worry, I was young (still am) and quite naive when I came. If it hadn't have been for this forum or the border officer here telling me and helping me with keeping my status legal, I probably would have ran into similar issues. Being honest is definitely the way to go.

Now, I do have a good friend and someone that used to go on here that was in a similar situation status wise that is now a PR. I don't think she gets on much now but maybe you could message her. Her username is: Rinnerz She always has invaluable advise so hopefully she can get back to you. If not, maybe I could talk to her and have her message you.

 

[RobsLuv]

You won't be refused PR for having been in Canada illegally for all this time - so no worries there. If you have family in the States, you can use their address as your residential address, and as your permanent address for history purposes. Is it fudging a bit - yes . . . BUT, they are asking for your permanent address history - not where you have been "visiting" or "vacationing". For example - take Canada out of the equation . . . let's say you were independently wealthy and traveled Europe for 2 years, not working or attending school, just traveling. You would not list in your personal address history every single place you stayed in Europe while traveling. Your "permanent" address would be somewhere in your home country . . . parents' home, sister or brother's home, etc. You cannot legally "live" in a country in which you have no status - your permanent address is always your country of nationality or a country in which you have legal temporary or permanent status. You haven't had that - so your permanent address is one in your country of birth. They're not going to look for you there and that's one of the advantages of an outland ap - you can be wherever you want to be because there is no residency requirement.

That said - if you're legally married to a Canadian citizen and submitting an application for permanent status, get your temporary status validated. Go to this US2Canada website page and read about how to get a Visitor Record. It involves you and your Canadian going to the States and then re-entering Canada with him proving that you are legally married, that he can support you and that he is sponsoring you and will ensure that you maintain valid temporary status while waiting for PR by applying to extend your status and you'll have the documentation you need to stay here in peace while waiting for your permanent status. DON'T get into how long you've been in Canada - you'll basically have to pretend you're just entering the country . . . so maybe a stay in the States for a bit visiting family and then come back. Otherwise, you can still apply outland - use your Canadian mailing address and a US residential one (be careful about making sure you document your relationship as best you can to avoid an interview that will happen in the States) and stay under the radar until they request your passport and you can get this done. Whatever you do, DON'T apply inland - they will string you along for years because you are "illegal". Best of luck.

 

[roverb]

Wow thanks for that very informative post.

So to make it short and simple....

First, get a visitors record.
Second apply outland
On application use my permanent USA address as permanent address, canadian addy as mailing.
On application DO tell the truth in the "what have you been doing for ten years" section.

Doing all this while inside Canada. (unless of course I have to be interviewed in which case I'll need to travel to that office in USA)

Sound like I have a handle on it?

One last question. Let's say I apply outland and have to travel to Los Angeles to be interviewed (closest office to my permanent USA addy) after the interview, will I have to remain in the USA until I get my PR card and then come to canada with pr card, or can I receive my PR while inside Canada at my Canadian mailing address which I would return to after interview is over?

 

[roverb]

Also what are the reasons for getting the visitor permission if I a filing outland and telling them Ive been illegal?

 

[Love_Young]

Once again, EXCELLENT advise from RobsLuv.
Sorry that I did not think to mention what she had.

 

[Love_Young]

Also what are the reasons for getting the visitor permission if I a filing outland and telling them Ive been illegal?

You have to cross the border and re-enter again with your hubby to suggest you be given a "visitor record", you can't just apply for it.
And as RobsLuv mentioned, you don't need to offer more information than they need. So don't mention how long you have been here or even that you were. You have to play it safe.

Hope RobsLuv doesn't mind but here I will link you to the advise she was giving on visitor records.
http://www.us2canada.com/visitor_record.html

 

[roverb]

Hi thank you. I understand how to get it now. My question is I should get that to legalize my status even though I plan on doing an outland application and saying on that application I've been illegal this whole time. ?

If I did outland and did not require an interview, I would NOT be planning on going over the border at all. So would the visitor record just be a way to be "safe" right now?


I guess I am nervous about taking the risk of leaving Canada after all these years and coming back in, for this visitors record. I would like to know the reasoning behind taking that risk. I realize it will give me legal visitor status here, which is great. But if I am applying outland and not planning on leaving unless they need an interview anyway, when would I be using this visitors record? Sorry everything is so confusing!!!