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dilemma247

Newbie
May 21, 2010
6
0
I have overstayed my visitor visa to Canada by 3 months, simply just made a mistake by not going back (living with girlfriend). If I go back to the states now, and try to re-enter Canada in a month or two will they deny me entry? I used and have a valid US passport. Also was thinking, if they denied my entry, what if we got married in the states, would they then allow me to enter Canada? Thanks.
 
If you leave and try to come back, you still have to convince the border control that you are just visiting. If they have some reason to think that you are lying to them or that you are a risk of overstaying, they can deny you entry. Some people have been told to not try to enter again for a period of time, some have been told to come back with a letter from an employer in the US etc.

What you should do about it depends on if you get denied and what they tell you when they do it. Some people have been red-flagged in the system when trying to re-enter at a different border station shortly after they were denied at another and without doing/bringing what they were told to.

Strictly speaking, it would be against the law for your girlfriend to go to the US as a visitor intending to get married. Strictly speaking, she should apply for a fiance visa but if she doesn't show up at the border in a wedding dress, she will most likely get away with it.

If you did get married, the marriage in itself would not give you any special rights to go to Canada but your wife could then sponsor you for permanent residency and that would give you the right to live and work in Canada.
 
Leon said:
If you leave and try to come back, you still have to convince the border control that you are just visiting. If they have some reason to think that you are lying to them or that you are a risk of overstaying, they can deny you entry. Some people have been told to not try to enter again for a period of time, some have been told to come back with a letter from an employer in the US etc.

What you should do about it depends on if you get denied and what they tell you when they do it. Some people have been red-flagged in the system when trying to re-enter at a different border station shortly after they were denied at another and without doing/bringing what they were told to.

Strictly speaking, it would be against the law for your girlfriend to go to the US as a visitor intending to get married. Strictly speaking, she should apply for a fiance visa but if she doesn't show up at the border in a wedding dress, she will most likely get away with it.

If you did get married, the marriage in itself would not give you any special rights to go to Canada but your wife could then sponsor you for permanent residency and that would give you the right to live and work in Canada.

Thanks. Would they know from my file I overstayed the first time when I try to enter Canada as a visitor again (I really would be visiting only and have documents to show).
 
They do not check you when you leave so they may not know that you overstayed. They do share info with the US border but I don't think they have instant access to it.
 
Leon said:
They do not check you when you leave so they may not know that you overstayed. They do share info with the US border but I don't think they have instant access to it.

interesting, i thought the info. was all connected automatically but if its not then i should be fine. thanks
 
Leon said:
They do not check you when you leave so they may not know that you overstayed. They do share info with the US border but I don't think they have instant access to it.

If they ask me how long my stay in Canada was, should I say 9 months (i honestly did not know the 6 month law untill recent), or should I say a couple of months and hope they don't catch me in a lie.
 
Well My husband and I are in the same circumstances and when he got back to the boarder they tracked him both coming and going. They told him that he needed to get some sort of paperwork started if he wanted to stay in Canada and to stop going back and forth all the time. They issues him another visitors status for an extended lenght of time with the assumption that I would file in Canada as a sponsor for him. They also told us its at the disrecetion of whatever agent you deal with at the boarder but they could stop you and give you a hard time. We were very honest, and they were very good with us and explained everythign and what was needed
 
KITT said:
Well My husband and I are in the same circumstances and when he got back to the boarder they tracked him both coming and going. They told him that he needed to get some sort of paperwork started if he wanted to stay in Canada and to stop going back and forth all the time. They issues him another visitors status for an extended lenght of time with the assumption that I would file in Canada as a sponsor for him. They also told us its at the disrecetion of whatever agent you deal with at the boarder but they could stop you and give you a hard time. We were very honest, and they were very good with us and explained everythign and what was needed

Thanks very much for the info., did he stay in Canada longer than 6 months without going back at all or did he make a few visits before 6 months time? thanks again.. :)