please help me!

[whyamisostupid]

I know I've screwed up and I'm pretty sure it's bad.

I'm American, my wife is Canadian. I came across the border "just to visit" in late 2013 (November, I believe), fell in love and never left. We got married the following February (so a year ago), but didn't have the ceremony until August. We started PR paperwork, but never quite finished the application. I also went back to school (a science program at UBC), but never quite finished the student permit application either. Stupid, I know. And now, my wife is pregnant and has surprised me with a quick trip to South America before the morning sickness sets in. I only have a few days to sort this one out and everything I've researched online seems incredibly grim. I don't want to be banned or compromise my application(s), plus now I'm worried my belated applications will cause huge problems because they're so late.

We have connecting flights in the US, so we would be crossing back into Canada from the US at the Vancouver airport. Is there any chance they'll just let me through if I say I'm just visiting? If I say I'm a student, they'll ask for my student visa. If we go through the line together and say we're married, they'll ask about residency. I don't want to lie or cause future problems, but I kinda have to do whatever it takes to be here for my wife during her pregnancy.

Any one know of any options? If I went down to the border and talked to them, would they help me or just kick me out?

 

[whyamisostupid]

My current 'plan' is to just throw myself at the mercy of the border agents at YVR.

If my paperwork is already in-progress (I can finish filing immediately) then there's not much else I can do but wait, so wouldn't they just let me through with a stern warning? My wife is a professional with a great job, I'm a student almost done with a second professional degree, we have a child on the way... or would it be too much to expect the border to accommodate us on humanitarian grounds? I realize this situation is entirely my fault, but if I'm denied entry it will only cause undue hardship and won't solve anything that isn't already being actively solved.

My only worry is that by filing paperwork now that it will trigger something in the system.

 

[scylla]

Filing your paperwork won't trigger anything in the system. Make sure you apply outland rather than inland on the off chance you're refused re-entry into Canada.

As for re-entering Canada, it's entirely possible you'll have no issues returning - but also entirely possible you will. What happens is really up to the immigration officer you encounter when entering Canada. Chances are you will be OK - but once in a while we do see Americans here refused entry. So that's a possibility you have to consider if you decide to leave. Normally we would advise you to bring proof of your ties to the US to increase the chances of being allowed into Canada. However you can't really show ties given how long you have been living in Canada.

I think your best bet is to enter Canada together with your spouse and have your spouse do most of the talking. Carry proof you have filed the PR application and she should also explain that you understand you're only allowed into Canada as a visitor at this time.

If you have been out of school for more than 90 days your study permit is no longer valid.

 

[whyamisostupid]

Filing your paperwork won't trigger anything in the system. Make sure you apply outland rather than inland on the off chance you're refused re-entry into Canada.

Thank you so much for your response. I filed the applications late last night, so I'm glad to hear that it won't trigger anything -- but I did them inland instead of outland, so hopefully that doesn't become an issue.

As for re-entering Canada, it's entirely possible you'll have no issues returning - but also entirely possible you will. What happens is really up to the immigration officer you encounter when entering Canada. Chances are you will be OK - but once in a while we do see Americans here refused entry. So that's a possibility you have to consider if you decide to leave. Normally we would advise you to bring proof of your ties to the US to increase the chances of being allowed into Canada. However you can't really show ties given how long you have been living in Canada.
I think your best bet is to enter Canada together with your spouse and have your spouse do most of the talking. Carry proof you have filed the PR application and she should also explain that you understand you're only allowed into Canada as a visitor at this time.

Thank you for this advice, I think it's the plan we will follow. The only real problem with my residency situation is that my paperwork is overdue, so now that it's in processing it should just be a waiting game. I imagine I'm in for a bit of a lecture, but hopefully I get an immigration officer that leaves it at that. On the day we arrive, my wife will need to get to work in fairly short order, but I've blocked out the day and happily sit in the airport for as long as it takes.

If you have been out of school for more than 90 days your study permit is no longer valid.

Sorry if I misspoke -- I am currently in school, but just yesterday applied for my student permit. I'm now aware of the rule that says I have to immediately discontinue studies, but up until this point school has neither asked nor cared about my student permit status. I'm afraid to ask the registrar because that might force their hand, so my plan is to see what the border says first.


Many thanks again for your advice!

 

[scylla]

I would withdraw your application asap and apply outland instead. Americans are getting through the outland process in as little as 5 or 6 months these days (i.e. completing the entire process in this time). With your inland application, you'll be waiting 17 months JUST to get first stage approval. Inland is the wrong choice for Americans.

 

[scylla]

Sorry if I misspoke -- I am currently in school, but just yesterday applied for my student permit. I'm now aware of the rule that says I have to immediately discontinue studies, but up until this point school has neither asked nor cared about my student permit status. I'm afraid to ask the registrar because that might force their hand, so my plan is to see what the border says first.

It's not the school you need to be worried about - it's CIC you need to be worried about and your status in Canada (you're studying illegally if your program is longer than six months). You need to stop your studies immediately if the program has a duration of longer than six months.

 

[whyamisostupid]

I would withdraw your application asap and apply outland instead. Americans are getting through the outland process in as little as 5 or 6 months these days (i.e. completing the entire process in this time). With your inland application, you'll be waiting 17 months JUST to get first stage approval. Inland is the wrong choice for Americans.

Wow, really? We were told the exact opposite.

We were also told that outland wouldn't be an option for us, considering I was already in Canada. If I withdrew my application and applied outland instead, wouldn't I be forced to spend the 5-6 months in the US? Or would that be conveniently covered by a visitor's visa (if they allowed me to renew)?

 

[scylla]

We were also told that outland wouldn't be an option for us, considering I was already in Canada. If I withdrew my application and applied outland instead, wouldn't I be forced to spend the 5-6 months in the US? Or would that be conveniently covered by a visitor's visa (if they allowed me to renew)?

Unfortunately you were given wrong information.

There is nothing stopping you from applying outland from within Canada - and no, this doesn't mean you have to leave Canada. You can certainly apply for PR using the outland process while physically in Canada. Many (many many) people have done this easily and successfully (my American husband included). My husband's application took just over four months to process in total (although this was a few years ago).

 

[scylla]

Just to add - I would recommend that you post any further questions to the Family Sponsorship section of the forum. This is the right place for you to be posting for the kinds of questions you are asking. You'll get more responses there.

 

[whyamisostupid]

It's not the school you need to be worried about - it's CIC you need to be worried about and your status in Canada (you're studying illegally if your program is longer than six months). You need to stop your studies immediately if the program has a duration of longer than six months.

Oof. The program is several years and I've just started. Is this something CIC might have tolerance for, given that we're already pursuing permanent residency for reasons that have nothing to do with school?

Or if they have zero tolerance, would they force my school to expel me? Or would it become a requirement that I would have to prove in order to continue pursing residency? Would it be a better risk to just not mention my studies at all?

Many thanks again for all your help.

 

[whyamisostupid]

Unfortunately you were given wrong information.

There is nothing stopping you from applying outland from within Canada - and no, this doesn't mean you have to leave Canada. You can certainly apply for PR using the outland process while physically in Canada. Many (many many) people have done this easily and successfully (my American husband included). My husband's application took just over four months to process in total (although this was a few years ago).

Very good to know! I'll withdraw and resubmit my application today.

 

[whyamisostupid]

Just to add - I would recommend that you post any further questions to the Family Sponsorship section of the forum. This is the right place for you to be posting for the kinds of questions you are asking. You'll get more responses there.

Will do! After I figure out this immediate situation, I'll create a thread there to document my progress. I've found this website to be an incredible resource so far, so if anything I might post can help someone else in my situation, I'm all for it.

 

[scylla]

Oof. The program is several years and I've just started. Is this something CIC might have tolerance for, given that we're already pursuing permanent residency for reasons that have nothing to do with school?

Or if they have zero tolerance, would they force my school to expel me? Or would it become a requirement that I would have to prove in order to continue pursing residency? Would it be a better risk to just not mention my studies at all?

Many thanks again for all your help.

The rule is black and white. You need to stop studying immediately since your studies are illegal without having an approved study permit in hand. You are already illegal in Canada. Don't add illegal studies on top of your illegal stay. As part of your sponsorship application CIC will be assessing your relationship to make sure it is genuine and you aren't just using your partner as a means of remaining in Canada. Illegal presence in Canada can often cause CIC to examine an applicant more closely. You don't want to add another "illegal" (in this case studying) to the list. Drop your courses immediately.

 

[SenoritaBella]

If the school has not asked about your immigration status, how are they assessing the fees you have to pay? Are you paying international differential fees (required of foreign students and it ain't cheap at UBC - it was $6000 extra per semester few years ago) or paying as a local student (Canadian or PR)? If the latter, when the university eventually finds out, you may be asked to pay the extra amount retrocactive to your initial date of enrollment.

Also, studying without authorization is grounds for inadmissibility and may earn you a 1 year ban. The other thing about applying for sponsorship outland, which I don't believe the other posters have mentioned - you will need to maintain legal status while in Canada throughout the sponsorship process.

You already contravened the rules by overstaying without applying for an extension. Even if you manage to take the trip and are allowed re-entry without the officer uncovering the previous 'overstay', you are still faced with having to apply to extend your status in 6 months time (US citizens are allowed to visit for up to 6 months at a time). In that application form, you have to account for the last 10 yrs of your life or since the age of 18 and the officer processing that request may uncover the overstay. If they do and find you inadmissible, you may still end up being apart from your wife at some point.

So it will seem, whoever advised you to go for the inland route may have been thinking of this, except they should have also mentioned taking a trip outside the country is risky business. Goodluck!

Congratulations on the baby! By the way, not every woman gets morning sickness.