Please help! Visitor status expiring soon, prepping for PR application

[poeticaesthetic]

I am so overwhelmed right now (I'm in the middle of a very stressful move amidst all this and things are getting to me); any help anyone could give me would be very much appreciated. Here's my situation:

I'm a Canadian citizen and my spouse is a U.S. citizen. I went to visit him in the U.S. at the end of November 2012, then brought him back to Canada (Vancouver area) with me on December 1. At the time we were still dating but considering marriage, and we wanted to spend time together in person before we decided for sure (it had been years since we'd seen each other). Things went well and we got married here in Canada on January 20, 2013. He has been here with me ever since, and I am about to sponsor him for permanent residency. We are currently awaiting a police record check from the FBI, and are about to schedule a medical exam so that we can get the application rolling. However, he needs to apply to extend his visitor status by May 1 (very soon!) as it expires June 1. So here are my questions:


Extension of Stay:

1. I was told that it was not necessary to have the PR application sent in before filing for an extension of visitor status. Is this true, or does CIC require proof of PR processing before they'll approve an extension? Or is there any other evidence we can provide in place of this (proof of fingerprints/FBI record check)? We will definitely be photocopying the marriage certificate and anything else we can give them. We have put down on the form that we are married, but are not sure what he should say under "purpose of visit" (something like "applying for permanent residency," maybe? Or do they not like to hear that?).

2. I understand he needs to keep renewing his visitor status until the application for PR is approved, but I'm not sure how much time he can request for an extension. 6 months? A year? However long the application processing is expected to take?

3. I was told that sometimes when an extension of stay is filed, a work permit is issued. Is this true (sounds too good to be true), or is this something he would have to apply for? Does anyone know off-hand if he would be eligible at this point? And how would he go about applying (with the application/separately)?


Permanent Residency Application:

1. I'm still not sure whether we should process the application Inland or Outland. I thought Inland was the only way he could stay with me, but now my understanding is that he can stay with me in Canada and renew his visitor status while applying Outland. Correct? If so, are there any downsides to applying Outland that I don't realize? I see that there are a lot of upsides (the right to appeal, and no worries about refused reentry...right?). I just don't want any nasty surprises that involve us being forcefully separated for any length of time.

2. He was given some trouble when crossing the border into Canada with me on Dec 1. He was coming to visit for an undetermined amount of time and so told them he planned to stay for 1 month. The border guard was inexplicably suspicious and gave him a lot of grief about whether he was planning to stay longer than 6 months, work illegally, etc. (he had not planned anything of the sort and has done none of those things). She asked whether he had a criminal history, forcing him to divulge any minor offences, and ran a background check before eventually waiving us through (I still have no idea why she was so suspicious!). She did not stamp/write in/do anything to his passport, but she gave him a warning not to stay longer than the month he stated or to do anything illegal before letting us pass. I thought she was just using scare tactics, but now I'm wondering if there's a possibility he was flagged in their system? Is this likely, and could it interfere with the PR/extension of stay applications even though we are married and our intentions are clear? (We got our marriage license less than a month after the border crossing and, like I said, married on January 20.)

3. I was told by someone apparently 'in the know' that applying for PR by mail was currently faster than online because the online applications go through different offices which are experiencing problems and the paper application goes through Vegreville, which is running smoothly. Is this correct? Any recommendations?

_________

Whew, I guess that's it. My apologies for the multitude of questions, but despite all the research I've done I'm still struggling with these ones, and any help I can get in the middle of this stressful time would be a miracle. Thanks in advance!

 

[Hnhkrk]

Extension:

1. It is not necessary to have your PR filed, as they do not ask you for that information. It's more necessary that you have the bank statements and pay stubs to show that your husband can support himself, or that you can support your husband. You should make sure that he puts 'applying for PR' under his 'Reason to stay'

2. I too was confused about how long I could ask to stay, and it took me awhile to find the right information about this. You can ask for as long as you want (you could ask for 3 years!) but they only typically grant you a year. That is what I got, but that's also all that I asked for. Typically, this should be enough time for your application to be accepted.

3. I have NEVER heard of this, so maybe someone else can give you some insight. I would be surprised if they did, since work permit application requires information that you do not provide in your extension application.

Residency:

1. I decided to apply outland because the process is faster, and because from what I could tell, there were no down sides. Applying in land takes a lot longer, and even with an open work permit I still see people getting really frustrated with the time that it takes. I say go inland, and keep applying for an extension (although I believe that you'll only have to apply once!)

2. I think that she was just threatening him. If there is no date on his passport, there is no date in the system. He still has status, so even if he's 'flagged' I wouldn't worry about it. You're doing everything legally, and that is what matters. A lot of people enter Canada only planning to stay a week and end up staying for months. It's typical. Canada is just beautiful.

3. I have NO idea about this. When I applied, I was only able to apply through mail. It's taken my application 7 months, but I have one of the fastest application I've seen get accepted. I spent a lot of time organizing and researching to make sure that it was JUST RIGHT. .

Relax! Take a deep breathe! It will be over soon enough.

 

[honjooshi]

I'm an American currently on a visa extension, too. I asked for 9 months, and it was granted. Here are some other thoughts I have:

Extension:
Same as Hnhkrk, basically. I've also never heard of anyone being granted a work permit. You can get one IF your spouse has NAFTA-qualifying job experience, but this will not have anything to do with your PR application status; it will be completely separate.

Residency:
1. I also went Outland. If your spouse has no particular desire to return to the States for a while, and really wants to start working and get into Canadian life, Inland might be a good option. On the other hand, I recently met a couple who have been waiting for two years, and his wife just recently got a work permit, so that might not be any faster, either. Outland just seems the better choice.
2. I would be careful about this. When I called CIC, and from what I've seen online, an immigration official can give you any length of visa they want; they are not obligated to give you the full six months. I recommend calling CIC and following up on this; you do not want this being an issue later. I THINK if they don't stamp or write anything in your passport you automatically have the 6 months, but it's easy enough to call CIC and ask. (888)242-2100 is the number. When you get on the line, press "1" four times, wait for speech, press "1" twice, then "1" twice again at the next prompt to cut through the announcements and get to the operators. Call on Thursday or Friday for the shortest waits.
3. All of the CIC stuff I've seen indicates all PR applications are paper only. Who's your source?
Good luck!

 

[canuck_in_uk]

I'll throw my 2 cents in for some of this

Extension

1. PR app doesn't need to be filed to apply for extension. As said above, showing funds is most important and putting "Applying for PR" as the reason is fine

2. The most I've ever seen given is a year.

3. No, an extension of stay is not connected in any way with getting a work permit. Options are see if he qualifies under NAFTA or find a Canadian employer willing to do an LMO and apply for work permit based on that.

PR

1. Go outland. No nasty surprises

2. No stamp in his passport, he has the 6 months. Don't worry about that.

3. All PR apps are by mail, no option to submit online. Other types of applications, such as the extension of stay, can be done online but you would want to do the paper version so you can include it with the PR app. Vegreville only processes inland PR apps. Outland apps go to CPC-Mississauga and then for Americans, on to CPP-Ottawa.


Good luck

 

[poeticaesthetic]

Thank you all so much! I'm so grateful for the quick responses and valuable info.

So from what I understand, for his extension of status to apply for PR, he can safely ask for 1 year? Is there any reason they would deny this? He would be okay asking for another 6 months, but of course then he'd probably need to extend again later and pay another fee, which he'd like to avoid if possible. Also, under the field "Indicate how long you plan to stay," should he also put 1 year (or whatever length of time he requests)?

Also, does it matter who pays for his stay? I'm currently unemployed and will be looking for work in the city after the move. He is unemployed as he is staying here with me and has no work permit. Both our parents send money to keep us afloat, so he was going to list his parents and see if he could get a bank statement copy as proof; though my parents provide the most funds currently.

Also, should he send the application for extension by paper or online? And if by paper, do they need to have it IN HAND one month prior to expiration of status, or just paid for and postmarked?

Thanks for the reassurance on the customs issue; I'm tempted to call the number honjooshi gave just to make sure, but I don't know if they'd give me information about my husband's file (and he's unlikely to call himself...immigration is stressing him out and I don't blame him, so I'm helping out with most of the details so he doesn't have to worry as much!). What do you think?

Thanks for the clarification on the paper application for PR; my source was a man at the fingerprinting place who immigrated to Canada years ago, but it's possible the rules have changed since then or there was a miscommunication. He also told me about the work permit thing, but perhaps he meant you had to apply separately. Speaking of which, my husband does not have NAFTA-qualified job experience (we are both artists...sigh...). He is a visual artist and musician/DJ with a rather varied resume. So I'm guessing this means "find a Canadian employer willing to do an LMO," as you said, canuck_in_uk? And this is something he can apply for while a PR application is pending?

So as for applying for PR outland...he might like the option to travel, especially with some horror stories I've read of inland taking years (except he's been here so long now that I doubt he could come back for several months if he decided to leave; it's "however long you're in, that's how long you should be out," right?). Speaking of which, the only downside I can see to outland is that he/we might need to travel for an interview. What's the likelihood of this, and where exactly would the interview take place?

P.S. Hnhkrk: any useful, little-known tips to get that PR application processed faster?

 

[canuck_in_uk]

He can safely ask for a year but they might still only give him the 6 months, it really is just up to the person who reviews it. And yes, put 1 year under length of stay.

It doesn't matter who is paying for his stay, as long as you can show proof of funds. So if your parents are paying most of it, get them to write a letter stating this. If his parents have transferred money to him, show this.

Paper or online is up to you. Online is processed over 2 months faster than paper. The 30 days is not a rule, CIC states that to try to encourage people to apply with more than enough time before their status expires. The application actually only needs to be submitted or postmarked the day before his current status expires. It's best not to cut it that close though

Really don't worry about calling customs. No stamp = 6 months.

The "find a Canadian employer willing to do an LMO" thing isn't easy. There are people on these forums who have been trying for years to do this with no luck. Yes, he is allowed to look for work while his PR is processing and get a work permit if he gets an employer with a positive LMO.

Never heard of this "however long you're in, that's how long you should be out" thing. An outland application and the fact that he's American, he can be out of Canada for as long as he wants and have no issues coming back in.

Interviews are only when the VO suspects that the relationship is fraud. This is usually when a person coming from a less developed country, usually non visa-exempt, is suspected to have entered into a marriage of convenience to get into Canada. CIC doesn't really suspect Americans of entering into an MOC just to get into Canada, as America is of equal development to Canada. There is next to no chance of him being called for an interview.

And to answer the PS to Hnhkrk: organize the app really well, there's probably nothing more annoying to a VO than to look at a messy app. Other than that, nope

 

[amikety]

I extended mine three times, twice before the PR application.

My last extension I mailed before the PR application, but they processed it after they received my application.

This is a summary of what I told CIC for reasons and time needed. "We married Sept 22, 2013 and will be applying for PR. We have done the police check (still in the mail) and medical exam. We can send proof of the medical exam if needed. I am asking for 14 months for my extension. Ottawa's current time {as it was when I wrote that} is 12 months, plus 2 months to get my police check back and mail in the application."

I got 14 months.

 

[Hnhkrk]

My only useful tip is to make sure your application is organized. I also think that you should minimize your proof, making sure you only send the most effective and efficient documents, pictures, card, etc. etc. At least that was the strategy I used! It worked for me! My case was very straight forward, though.

 

[poeticaesthetic]

Thanks all for your replies, once again! We're slowly getting settled into our new place, hence my absence. Because of how hectic it's been we haven't sent in the application to extend his status yet, but are hoping to have it in in the next few days.

We both share funds which are sent from both our parents, and while mine contribute more on the whole, I think it might make more sense to just go with his parents on paper. I think they provide enough for him alone as it is anyway. My husband's mom sent a copy of a letter from her bank stating her current balance, average balance, banking history, and bank representative signature/contact info. Is this enough? Should she send an affidavit of support as well? We also have some receipts of recent Western Union transfers his parents have sent; should he scan one or more of these to include as proof of funds sent, or should he keep it simple and just not bother? His parents can provide around $8,000 for him for the year (perhaps a little more if necessary, for things like dental/medical). Will these be sufficient funds for his stay?

The only other part he needs to fill out is his work history. I'm not sure what they want to see here. Currently he's unemployed, and his most recent 'job' was at a bakery around a year ago in his hometown. However, the first job info they ask for is his current activity/occupation. Should he leave this blank? Or change it to be his most recent? Or should he put down that he's currently a self-employed artist? He's planning to do more with his art in the near future, but is not currently making money from it, and I'm worried if he puts that down they will suspect he is working here/planning to work here illegally. Or am I being paranoid?

It also asks if he's "had any post secondary education" but I'm not sure if this means "completed post secondary education." He checked 'yes' because he did attend college for a short period of time, but never graduated. Should this information be included?

I think that's it, as all the other info has been filled out. He'll send all that in with a copy of our marriage certificate, his passport pages, and proof of payment and mail it to Vegreville (I guess? Any more opinions on whether to go with online or snail mail?). He may even include a letter with more detail about the PR application, like amikety did, if it might help. Oh, and this may sound silly...but is he to include the 'Document Checklist' with the application? I assumed this was for personal use, but the way they word it they make it sound like it's supposed to be included with all the other documents.

Thanks again!

 

[canuck_in_uk]

If your parents contribute more, it would be better to include details from both of them; $8000 for a year isn't really that much. Affidavits aren't required, letters from the parents and the bank are fine. Anything that shows money coming in is good, so include copies of the WU transfers.

He is UNEMPLOYED. DO NOT put self-employed anywhere on the app, he is a visitor only.

For the education part, it's a bit ambiguous. Going by the wording "ANY post secondary education", you could put his college details or not.

Include the information that you are going to be applying for PR like amikety did.

Not sure about the Document Checklist but it can't hurt anything to include it.

 

[poeticaesthetic]

If your parents contribute more, it would be better to include details from both of them; $8000 for a year isn't really that much. Affidavits aren't required, letters from the parents and the bank are fine. Anything that shows money coming in is good, so include copies of the WU transfers.

He is UNEMPLOYED. DO NOT put self-employed anywhere on the app, he is a visitor only.

For the education part, it's a bit ambiguous. Going by the wording "ANY post secondary education", you could put his college details or not.

Include the information that you are going to be applying for PR like amikety did.

Not sure about the Document Checklist but it can't hurt anything to include it.

Thanks for the info! Much appreciated. What I meant by affidavit of support is a letter from his mother stating that she's supporting him, in addition to the letter from her bank. Currently we don't have this, but I could get one if it's necessary. I can also get these from my parents if necessary. I was hoping $8,000 would be plenty since he's a visitor; that's the low-end but $10,000 is likely. If he's technically visiting, then CIC should expect his living expenses to be rather low, shouldn't they? I don't mean to sound like I'm arguing, I'm more criticizing CIC here...I mean, is there a minimum amount they'd expect him to have as a visitor? Seems to me they should state that; I didn't realize we needed to worry about that so much.

I only mentioned the self-employed thing (if you can call it that; like I said, he's not actively making money right now) because technically someone can be self-employed in their own country while visiting another country (ie. working remotely), provided they're not making money selling their goods/services to Canadians. But I could see how that might look suspicious while he's staying with me in Canada, regardless. Should he just write 'unemployed' under current job/activity then, and fill out previous positions as normal? He'll probably have to print out an extra page too, I'm guessing (I believe this is what the instructions suggest), as they only leave space for 3 positions and he's held more than that in the past 10 years.

Thanks again. Any and all help is much appreciated.

 

[suzanne_m]

Not sure if this was mentioned, but if you are applying inland through Vegreville, you can submit an application for an open work permit request. Once you as the sponsor are approved, they will process the application and possibly grant him an open work permit. Thats what we did. The first stage can take 6 or more months, but if they approve the work permit, at least your husband can start working while he waits out the next stage.

 

[canuck_in_uk]

A letter from his mom would be good to include.

CIC doesn't really stipulate a minimum amount, as it does vary depending on circumstances; someone staying in a hotel would have a lot higher costs than someone staying with friends. He would probably be fine with just the $8000 as long as he explains his expenses, ie. he stays with you rent free, pays $50/week for food, $30/week for transport, $100/month for insurance, has $50/week spending money etc.

If your parents wouldn't mind writing a letter and if you are comfortable asking them for one, it would be one more document of support. It doesn't have to be much, just a few lines stating they they support you and cover any extra costs for both of you. I can understand if you're not comfortable involving them (and their finances ) too much at this point.

Putting self-employed will just cause problems, no matter what kind of explanation he tries to give. Just put unemployed and then list his previous positions. He does have to go back 10 years, so he can use an extra page.

 

[kissa]

I asked for 18 months and got 17 because my passport expired

 

[poeticaesthetic]

Thanks all! Gosh, we're still putting the damn thing together. We are really slow when it comes to stressful stuff...better get on that PR application ASAP if it's ever going to get sent.

We got a letter of support from his mother, as well as a bank letter from my parents stating that they had a specified amount of funds in their accounts available to assist any family members if needed. With that, I don't think we'll have any trouble convincing them he has enough financial support We're also drafting a letter stating our plans in more detail and making the funds situation as clear as possible.

Thanks for the info on the open work permit. I suppose this only applies to inland applications? I think we're planning to go outland.

Speaking of which: which visa office do we need to send the PR application to? I know it goes to Ontario for sponsor approval, and then gets forwarded on...does he get to choose which office to send it to? We are currently in Vancouver, BC...does that mean he should send it to whichever visa office in the US is closest to us (from what I can tell, that would be Seattle?). Please advise, as we're trying to work out the processing time for an outland application so that we can include that information in his application for extension. The current times say Seattle is processing applications in 11 months...and that's the fastest of the bunch. Plus 30 days for sponsor approval...plus however long it takes us to get the application together. We're still awaiting the police certificate, though they charged my card, and his medical exam hasn't even been scheduled yet. He's asking for a year extension, but I have a feeling he'll need more than that...or will have to extend again before the application is approved. Thoughts? Should he ask for more time?