Please Hear me out, I need help.

[Canyouhelpme]

Okay, so me and my husband (since August 2013) met February 2013 for the first time off of the internet.
We were going in and out of each other's countries.
Canada first Feb - May
USA June - October
Canada November - April 2014.

We finally decided January 8th to send an application for an extension, but we got news yesterday that we REALLY didn't want.
My extension was denied. Why? I couldn't provide enough proof that I would be willing to go back home when the extension is over.
I mean, I have no job back in the states, I have nothing really tying me down there, I mean I'm 20. It's not like I am a big business person, and I'm definitely not in college or anything. BUT OF COURSE I couldn't just put on my application "Come on guys, I really don't wanna mess with the law, I just want to be able to stay with my husband." because then they'd just think I was a big joke.
BEST PART---
Guess what's in 12 days? The end of my visitor extension. It took them like three months to send me back the extension....so....
and I mean, I wasn't too spazzy about it because I had ASSUMED everything was going to be okay, I didn't think the extension would get denied. I hadn't really read a lot of horror stories concerning it....but.....NOW I AM JUST FREAKING OUT!!!!

Anyways so, after crying and panicking we thought, 'okay, so we'll just send in the Spousal Sponsorship. We've been married, we wanna live in Canada, let's just do this!' I mean, it is what we were planning on doing anyways, which was why we were doing the extension.

My only questions are, do I need to quickly send in another extension before sending in the spousal sponsorship?
Should I be honest and be like "I want to stay because I am trying to get a Spousal Sponsorship." because last time, I just put 'visiting family', and that's probably why it was denied. I had read stories of people who put 'spousal sponsorships' and it being denied just because of that!!

Anywho, I was under the impression that once I send in the Spousal Sponsorship application I was under 'implied status', but after reading around on the internet I am not so sure anymore. Apparently that is only with extensions????? And apparently I have to keep up with the extensions while waiting for the Spousal Sponsorships.

Another thing, what happens after these 12 days? I mean if I have to, I would be willing to leave...but, that is really the last thing I want to do. I mean I don't do anything illegal or suspicious, can I continue trying to send extensions or will I be picked up? I just don't know what to do.

Last thing is, he has a disability meeting in June of this year so he kind of has to stay here in Canada, and I really don't want to leave without him just in case I can't come back so easily next time.

 

[zardoz]

You could return to the US for a week, to reset the "visitor" clock and then try to come back again.
Assuming that you get in, you would probably get another 6 months as a visitor, which would be plenty.
I think that if an extension has been refused, you can't just reapply and repeat the cycle. Presumably the refused extension says something like "you must leave Canada after" and then a date or period?
One other option is a very rapid "inland" application before your existing period expires.

No doubt others on here will have other imaginative alternatives....

 

[Ponga]

Zardoz asks a very important question.

If your letter indicates that you must leave Canada immediately (but does not give a date), you may be able to submit an Inland application along with an OWP (Open Work Permit), before your current visitor extension expires. It's a lot of work to complete in 10 days (as you need to factor in the mailing time for CIC to receive your application). They must receive this before your status lapses.

Prior to Jan 17th of this year, when CIC changed the processing of Inland applications from Vegreville, AB to Mississauga, ON, submitting an OWP with an Inland application BEFORE a person lost their legal status, would give them implied status. There's been nothing official posted on CIC's website stating that this policy has changed, but there have been discussions here as to whether or not OWP's can still be submitted with the Inland application. Some have reported that an applicant must now wait until they have first stage approval (AIP) before they can send an OWP application...which would be of no value to you now.

Of course, since you have received a letter about your extension request...this may not even be a viable option. You should either call CIC, or an immigration lawyer (most offer a free phone consultation) and inquire about this option.

You can always submit an Outland Spousal Sponsorship application, return to the US for a few days and try to re-enter. If you are denied, your application is not jeopardized and will continue to be processed.

Good luck!

 

[steerpike]

I think its a bad idea to rush the application and get it all done in 10 days. You need time to gather documents, print off photos, and write your histories and stuff. And it all needs to be perfect with no mistakes.

My opinion is, you should go back to the USA and then come back as a visitor, with a fresh 6 months.

You can even state openly at the border that you will be applying for spousal sponsorship once in Canada. They accept that for people from visa-exempt countries. Applying Outland tends to be faster for Americans, but Inland would work too.

Then when your 6 months comes to an end you will have an opportunty to extend it again, this time say spousal sponsorship as your reason.

And if you have applied inland, and for some odd reason the visa doesnt get extended, then you can just tough it out for a few months as out of status, which isnt a big deal as long as you're not working.

 

[Canyouhelpme]

Presumably the refused extension says something like "you must leave Canada after" and then a date or period?

But what if mine didn't? I mean, I know when my visitor visa ends, but my denied extension didn't mention it. Why would that be?

 

[zardoz]

But what if mine didn't? I mean, I know when my visitor visa ends, but my denied extension didn't mention it. Why would that be?

That means you have not been served a departure order. That will make it much easier to pop back to the US to reset the clock, and still be able to return to Canada. This is a "Good Thing".

 

[rhcohen2014]

Hi Canyouhelpme - I am curious if you have left Canada and returned with an additional 6 mo. pass?
I am not sure what everyone is suggesting is correct regarding leaving for a short period of time to "reset the clock" on the visitor status. from what I have been told by CBSA, we are only allowed 6 mo. per CALENDAR year. does anyone else from the US have experience with whether it's calendar year or per stay?

 

[scylla]

does anyone else from the US have experience with whether it's calendar year or per stay?

There's no six months per year rule. (But for some reason many people think there is.)

My husband is American and spent the better part of 2006-2009 in Canada as a visitor (10+ months each year).

 

[rhcohen2014]

There's no six months per year rule. (But for some reason many people think there is.)

because border agents are telling us this! GRRRRR!!!! This changes EVERYTHING! Now i'm not so worried with the rest of my planned visits for the rest of the year. then again, i can get the other agent that believes it's 6 mo. per calendar year.

 

[katester]

Hi Canyouhelpme - I am curious if you have left Canada and returned with an additional 6 mo. pass?
I am not sure what everyone is suggesting is correct regarding leaving for a short period of time to "reset the clock" on the visitor status. from what I have been told by CBSA, we are only allowed 6 mo. per CALENDAR year. does anyone else from the US have experience with whether it's calendar year or per stay?

My husband is Canadian and I am American. I went to visit him and his family and planned to stay the 6 months allowed. I was told that we were not "ALLOWED" 6 months each individual may be granted up to 6 months, that it is a privilege. Then they stamped my passport with an exit date of 4 months. So we left after 4 months and he came to stay with me for a few as well. Each boarder guard has told us that it is 100% up to them if we can stay or not. If they think we are over staying our welcome (in either country) then we can be banned. We were also told that it is 6 months in a calendar year. So we are trying to do everything we can to stay on the legal/not in trouble side of things since we have waited Oh so patiently for 8 months now on this damn application...he has an apartment that I visit him at and he visits me when he has leave from work. I'm sorry, but you may push your luck and get banned. That is my biggest fear....we are willing to spend a few months apart in order to spend a lifetime together.

 

[keesio]

Yes, no non-Canadian/PR has a right to enter Canada for any amount of time. It is up to the discretion of the CBSA agent. They are allowed to give up to 6 months max per stay unless you apply for a special visitor visa which they can give you longer (again their discretion). It really is up to them.

 

[truesmile]

because border agents are telling us this! GRRRRR!!!! This changes EVERYTHING! Now i'm not so worried with the rest of my planned visits for the rest of the year. then again, i can get the other agent that believes it's 6 mo. per calendar year.

You have a fairly recently submitted app. Have you considered applying for a NEXUS card? I'd be interested to see if a pending "PR application/being married to a Canadian" would cause them any concern.
BTW, the fee is $50 and it's valid for 5 years. I'm singing "sweeeet" every single time I re-enter Canada with that thing.

 

[truesmile]

Some have reported that an applicant must now wait until they have first stage approval (AIP) before they can send an OWP application...

Yes, "some" have, but not the CIC. This is not official yet.

OP - now that you have the CBSA's attention, I wouldn't be messing with an Inland application. Better submit an Outland application once you're good and ready. And then you can come and go as you need to.

 

[rhcohen2014]

I was told that we were not "ALLOWED" 6 months each individual may be granted up to 6 months, that it is a privilege.

ys, this is what i've been told as well at the border, also that it's per CALENDAR year. i received an exclusion order when we are dating, so i know all too well what they are looking for. since getting married, i have learned they are more lienent on married couples, especially when they see the PR application has been submitted. I have yet to ask for a 6 mo. stay because i don't want to push my luck, and we are trying to spread it out. I always bring my proof of ties to the US and a copy of our application with me.

I've noticed a lot of people referencing "resetting the clock" once you leave. again, this is the opposite of what border agents have told us. i've also noticed the people saying this are not US citizens nor have they actually gone for 6 months, return, and go back. It is possible to say longer than 6 mo. with an extension granted by CIC, and there are people on here who have been successful staying in the country for the duration of their application. it really does depend on the specific border agent and that mood for that day!

 

[rhcohen2014]

You have a fairly recently submitted app. Have you considered applying for a NEXUS card? I'd be interested to see if a pending "PR application/being married to a Canadian" would cause them any concern.
BTW, the fee is $50 and it's valid for 5 years. I'm singing "sweeeet" every single time I re-enter Canada with that thing.

never tried for a nexus pass. didn't think it would make a difference. from what i know it only guarantees you a quick entry into CAnada, not longer periods of visits. Up until recently i've always been pulled into secondary, so it never seemed logical to apply for it. what benefits (besides the quicker line) have you noticed with the nexus pass?