Please help ease this worried mind.

[jclark]

Hi all
thanks to everyone for the guidance I have already received...I'll try to make this short. In my earlier thread I got some advice which seems sound to me from Robsluv but I am worried about this 30 day prior date to apply for extension of visit. My fiance is here on a visitor record (must report to immigration on date of departure mid march)
We are getting married and applying for extension but the thirty day thing is playing on my mind. We went to city hall and we could get married this Friday and then I could courier extension application to vegreville asap.
Yesterday I managed to speak to a pastor of a little church that I have always admired and he managed to give us February 27th as a date to have a church wedding! I am much happier with the thought of a spiritual service rather than a justice of the peace ceremony. My family would be happier too. If we went with the church service that would allow two weeks to get the application to vegreville but I am so concerned about this possibly jeopardizing our chances of extension and I can't help but wonder what will happen if he doesn't report to immigration on the return date. Robsluv suggested attaching solemnization document as marriage certificate won't be processed in time. It was also suggested to attach receipt of PR application to extension request. When I look at all that is required for that app I don't know if I can pull all that together in this time frame...I asked earlier if I could pay for application and submit receipt showing intent of seriousness of our commitment and strengthening our application for extension, no one has responded as of yet to this question and I am so overwhelmed with trying to plan a wedding which is supposed to be a happy time but feeling daunted by the immigration factor hanging over our heads.
Has anyone else sent their extension request just under the wire for time limit?
Any thoughts are greatly appreciated at this time....the unknown is so nerve wracking.
thanks in advance

 

[BlueDragon17846]

My visitor extension ended on jan 07 and we sent our PR app and extension request, received by vegreville on dec 14, that did give us 4 weeks, but I have heard from multiple sources that as long as you get the extension in by the day your visa expires, it is ok.

To be honest, I am not quite familiar with the particular stipulations that you have on the visa now, but I can imagine that they are more or less the same as every other one. Every visitor visa has an expiry date, and from what I have heard, it is recommended to apply 30 days before your expiry, but not necessarily required. The blurb about applying for this extesion, on the CIC website: http://www.cic.gc.ca/english/information/applications/visitor.asp says "It is important to apply for the renewal before the expiry of your current status," and nothing about the 30 days, until you read the actual instructions.

My suggestion is, right now, get your materials together. In this case, you will likely want to apply inland. Reason being, for inland, if the visitor pass happens to expire during the app process, and he happens to fall out of status, they still do consider him for PR (while true though, that is no excuse to avoid extending the visitor pass, which I know you will no doubt do along with the PR app ) Have that PR app ready to go by Feb 27, along with your request to extend visitor pass, and request to apply for OWP after first stage approval. Once you get married, get your record of solomnization all copied, include it with your app, and send that puppy off to vegreville asap.

I cannot promise that you won't get the questions about the quick marriage, and how it might not look genuine, etc. You are likely to be called for an interview, and it may be a long process for you. But during the process, he will still be in Canada with you. Do know that applying inland, if he leaves the country during the process, the app will almost certainly be thrown out.

 

[BlueDragon17846]

One other thing that will probably take time to get, if you haven't already---you need to call Canada Revenue for your Option C printout, 1-800-959-8281. It will take about 2 weeks to get to you. This is for your sponsorship.

 

[diddagirl]

Hi jclark,

We sent my bf's visitor visa extension literally the day before his current permit (work) expired. Although thats not recommended, as long as you send it in BEFORE the current visa expires, you will have implied status and be ok until you receive a decision on the visa extension.

The 30 days is a guideline, but by no means a hard and fast rule. Our extension was approved with us only sending it 1 day in advance, so 2 weeks will not be an issue. Just ensure to send all the required documents (proof of funds, proof of filing for PR) along with the extension.
Good luck and congrats on the upcoming wedding!

 

[AllisonVSC]

jclark,

I know you've got a lot of worry at this moment, and I hope to give you some peace of mind. I was in the exact same position as your fiance, except I was applying in the conjugal partner category (a much riskier category for a heterosexual US/Canada couple, but we didn't want to marry just for a PR visa). I was given a Visitor's Record and a leave by date with less than 30 days (after we left Canada together to go to Europe for a wedding). The IO was very nice and explained how to apply for an extension, that it needed to be received before my leave by date, and to be sure to pay the PR fee and send a copy (yes you pay before you actually submit your application for PR because you need that receipt as part of your application). After I applied for the extension, I heard nothing about the TRV and went on to apply for PR. I got my PR visa in less than 3 months and crossed the border to Buffalo to land. When I did the immigration officer asked why I didn't submit my Visitor Record when I left Canada. I told her that I had not, in fact, left the country until that day. I told her that I had applied for an extension and the my PR was processed faster than the application for the extension. She just said Oh, ok and cancelled my app for the TRV. About one week later I got a letter that my TRV app was cancelled due to already having a PR. I remember being SO STRESSED about the application process, worried that I was violating some rule and would be arrested/deported, but it all worked out fine. I'm sure it will for you too. Best wishes on your impending nuptials.

 

[ColorMePanda]

Do what makes you happy.
You will definitely be able to get it in with 2 weeks left.

My extension was due to expire on January 31, 2010.
I used xpresspost. I mailed mine on January 4, 2010 and it got there on January 7th. So yours will get there in time.
Just be sure to get tracking on it.

Good luck on your wedding.

 

[jclark]

hi all
thank you so much for your kind words...I am definitely feeling much better about everything. You don't know how much your posts here have brought me comfort. I was so overwhelmed! On a happy note yesterday we chose our wedding rings and tomorrow we meet with the minister of the church!
thanks again
I'm sure I'll have some more questions as I proceed through the applications (I'm starting on those today).
thanks again
J

 

[BlueDragon17846]

Keep us posted on your progress, jclark, and don't hesitate to ask questions.

I know I've mentioned this before on a post... but just again want to remind you about the Option C, not to be redundant, but it will take the most time to get, and I certainly wouldn't want that to be a hold up for you.

 

[AllisonVSC]

I found the (US) FBI clearance to be the thing we waited for the longest. The Option C arrived about one week after we requested it.

 

[jclark]

Hi
I just phoned and ordered the option C...they said five to ten business days.
My plan is to start with the application to change/extend conditions....attach solemnization papers from wedding as certificate won't be here in time and also attach receipt for PR application. I hope this will suffice I am under the impression that I can pay for PR app. - include and fill out later while waiting for extension approval/change of conditions.

The current wait time listed for extension application is 73 days so I am hoping to have sponsorship/pr app done in that time frame.
I've just reviewed the change conditions/extend application - Everything seems self-explanatory except I'm wondering about two points on the application:
1.
C. COMING INTO CANADA
7. "Original entry to Canada" - I think this is the first time he entered canada (about 20 years ago)
8. "Most recent entry to Canada" (easy...last sunday)
9. "My original reason for coming to Canada" - Does this question refer to 20 years ago or why he came this time?

2.
Question 12 - "If you or your family members:
-remained beyond the validity of your status....please give the reasons and circumstances concerning the situation:"

This question is vague to me - his current visitor status is valid - but his previous visit he overstayed by a month. I can't tell by this question if they want to know about now or in the past - it doesn't really say.

Maybe I'm being to literal...I just want to fill everything in perfectly.
thanks again all - you don't even know how much your help has meant to me!
I'm thinking I should invite you all to the wedding! (Which reminds me I better start working on the invitations.)

 

[BlueDragon17846]

You raise a good point which I did no see before. The way I interpreted the question when I filled it out, was that the original entry is the date you received the current visitor visa, and the most recent entry was just that--the most recent entry. So for you I would think that the two dates would be the same, that is, last Sunday.

Then your original reason would be whatever reason you had when you entered last Sunday.

For question 12, the instructions are not clear. It may only apply if you are out of status on your current visa. However, I would answer it regarding the last overstay there was (and any others, if there were any). Just explain that it was on the last visa and that this new one is valid. And explain the reason why the last visa was overstayed. Just be forthcoming, but clear.

AllisonVSC makes a good point. Has your fiance received the police checks and the medical exam yet?

 

[jclark]

There was only one overstay - I think I will put it down on the application (as they are currently fully aware of the prior overstay anyway)

In regards to the police/medical - No he has not done that yet - which is taking me further down the road then the initial extension application (but I imagine time could factor into this for PR app)

We want to apply outland as from everything I've read here that is definitely the way to go. I believe he can stay here during that process and may have to return to motherland for an interview. We have family that can obtain police check documents from there...can he do the medical here in Canada for an outland? I have the app for PR and nowhere do I see are you applying for inland or outland - the only thing I can relate to that is "which Visa office do you want to apply to?" Does the answer to that question decide inland/outland? I have not delved to deeply yet into the PR app as I am focusing on the extension application but I guess I need to think ahead.

I wonder how long they would extend your visitor status if your applying for PR/spousal sponsorship? Should we ask for the amount of time or will they just give us a set time?
Goodness the questions just keep on coming!
Thanks dragon!
J

 

[BlueDragon17846]

We want to apply outland as from everything I've read here that is definitely the way to go. I believe he can stay here during that process and may have to return to motherland for an interview. We have family that can obtain police check documents from there...can he do the medical here in Canada for an outland? I have the app for PR and nowhere do I see are you applying for inland or outland - the only thing I can relate to that is "which Visa office do you want to apply to?" Does the answer to that question decide inland/outland? I have not delved to deeply yet into the PR app as I am focusing on the extension application but I guess I need to think ahead.

You can do it that way. I was under the impression you were going to apply inland and do the extension and PR in one shot, but thinking about it, the way you are doing it, is probably the best way to go. Then you will have more time to carefully put it all together.

For outland apps, you'll want to read the forms and all the instructions from this link: http://www.cic.gc.ca/english/information/applications/fc.asp Basically you are sending all the materials to Mississauga. From there, they will go on to his home country to be processed (for some reason I'm thinking on an earlier post you said UK--if that's the case it would be London).

During the outland process, he can leave Canada, in the case his visitor visa is not approved, or if it runs out any time during the process. If he wants to re-enter Canada, and they won't allow it for some reason, the outland app will continue to process, which would be good for you given your current situation with the visa. He can take the medical anywhere as long as it is from the list of approved doctors: http://www.cic.gc.ca/dmp-md/medical.aspx

He can probably get the fingerprints done in Canada, then send them home for processing if need be. You'll have to check into that however.

I wonder how long they would extend your visitor status if your applying for PR/spousal sponsorship? Should we ask for the amount of time or will they just give us a set time?

I asked for a year from when the visa expired. You might not need that long, but wouldn't hurt to try. So the extension will be completed and sent to vegreville(as per instructions). Then you get married (YAY!). Then you sort the forms together and apply for PR outland.

After you read everything, and if something is not clear, just ask the board.