RobsLuv
Champion Member
- Jul 14, 2008
- 127
- 124
- Category........
- Visa Office......
- Buffalo
- Job Offer........
- Pre-Assessed..
- App. Filed.......
- Original:14Mar2007; Reprocess began after appeal:26Apr2010
- Doc's Request.
- Original:9May'07; Reprocess:7May'10
- AOR Received.
- Original:28Apr'07; Reprocess:26Apr'10
- File Transfer...
- n/a
- Med's Request
- Reprocessing:7May2010
- Med's Done....
- Jun2010
- Interview........
- n/a
- Passport Req..
- 30Nov2010!!
- VISA ISSUED...
- 31Dec2010!!
- LANDED..........
- 31Jan2011
Didn't read through everybody's replies because I'm at work, so this may have already been said - but you need to know that it is okay for you to apply outland, even while you intend to stay in Canada during processing. And normally applying to extend your temporary status from within Canada based on an outland PR application is not a problem. You do need to always include with the extension application proof of the legal marriage (like your marriage certificate), proof of the PR application in process, and proof that you have means of support (your husband's paystubs are okay for that). The other stuff they were telling you about them throwing out your PR application if you have to leave Canada is misleading - that would be if you were to apply inland and could never get back into Canada. If you apply outland, it doesn't matter where you are - your application would continue to process uninterrupted whether you were in Canada and went back to the States. The other part about you going to the border to get status restored will likely get you refused entry and sent back to the States - so don't do that.
I suspect that the you are right about the "nonsense" justification for refusing your extension. The real reason, I think, was because you had not yet submitted an application for PR. They extend spouses who demonstrate that they are moving on with the process of becoming permanent residents . . . they are not inclined to allow people to just languish here in Canada without getting their proper status. You've been married since July and in Canada since last April and, because the extension application is your process - not your Canadian's - and you did not demonstrate that your husband actually intends to apply to sponsor you, they have to start suspecting that maybe he doesn't actually intend to do so, or maybe you aren't even in relationship with him anymore. So they won't extend.
My suggestion would be that you immediately get an application for PR in process - at the very least pay the application fees (the $75 sponsorship fees and the $475 application fees) to prove intent - so that you can demonstrate that you are, in fact, being sponsored for permanent status and include that proof (as well as the rest) with a restoration application. Hopefully that will be approved - but if you apply for PR outland and it's not approved, at least you know that the application will continue to process if you have to go back to the States.
I suspect that the you are right about the "nonsense" justification for refusing your extension. The real reason, I think, was because you had not yet submitted an application for PR. They extend spouses who demonstrate that they are moving on with the process of becoming permanent residents . . . they are not inclined to allow people to just languish here in Canada without getting their proper status. You've been married since July and in Canada since last April and, because the extension application is your process - not your Canadian's - and you did not demonstrate that your husband actually intends to apply to sponsor you, they have to start suspecting that maybe he doesn't actually intend to do so, or maybe you aren't even in relationship with him anymore. So they won't extend.
My suggestion would be that you immediately get an application for PR in process - at the very least pay the application fees (the $75 sponsorship fees and the $475 application fees) to prove intent - so that you can demonstrate that you are, in fact, being sponsored for permanent status and include that proof (as well as the rest) with a restoration application. Hopefully that will be approved - but if you apply for PR outland and it's not approved, at least you know that the application will continue to process if you have to go back to the States.