Should I stay or should I go?

[Edenzdoor]

I'm American, my fiance is Canadian. We are getting married March 12th (in 18 days) after being together for four years. We have applied for permanent residency once before but it was denied on the grounds that we applied as the wrong thing (conjugal partners). We flew to LA to be given that answer by the Canadian Consulate. She told us that she would keep our permanent residency form on file for two years, and if we married during that time, to resubmit the basic form and payment and that the application would be reviewed a second time (this time obviously as a married couple). My question is, when I entered Canada again in January, the border patrol agent only gave me until April 7th. We plan to resubmit the permanent residency paperwork immediately following our marriage ceremony in March. Will I still have to go home to the states on April 7th while we wait for a response from the consulate? Or am I to remain here in Canada while we wait for the response? I thought I read on the Canada immigration site that if you apply for permanent residency within Canadian Borders that you are not to leave the country while you wait, or else the paperwork becomes null and void. But I also don't want to stay here in Canada past April 7th when I have an order to return home. I feel stuck in an endless loop of misinformation.

Thank you in advance for any clarity that you're able to provide.


Edit: it may also be helpful to note that we are in Calgary AB

 

[floomy]

we should stay in Canada, if you apply for inland.
but sounds like you applied for outland, you can renew your visitor visa with a proof of your outland app.
you would receive a year or more.

hope it helps.

 

[Ponga]

Congratulations on your rapidly approaching wedding!

Hmmm...this one seems to be unique and perhaps a bit complex.

It sounds like that you were told that all you need to do is provide proof of marriage, a new IMM0008 form and pay the fees again ($550 of $1040 total), and they will re-evaluate your original PR application again, but...you say that it was denied. A denial sounds like a final decision, rather than a decision to suspend the processing, pending your marriage. I'm sure there will be others here to offer their opinions and help.

To answer your last question, only those that submit an Inland application are cautioned not to leave Canada. If you end up having to apply all over again, you would most definitely want to submit an Outland application, which you can do even if you are in Canada. You would then need to apply for a visitor extension, which can be done online, citing that you now have a new (or re-started) PR sponsorship application submitted.


Good luck!

 

[Ponga]

I now see that you were previously issued a one year Exclusion Order, which may actually help you now.

Since you have since been successful in re-entering Canada and have not only applied for sponsorship, albeit under the wrong category, and are now getting married to `fix' the immigration problem (just kidding), this shows that you understand the rules and are doing whatever it takes to do this right. I'd be surprised if your visitor extension is denied.

I do want to mention that it's quite possible that you will need a new medical exam, because the results from your first one (if you in fact submitted one) were only valid for one year.

 

[Mardek]

It depends on whether you applied Inland or Outland.

Also you mentioned that a CBSA told you to leave Canada by April 7th. Am I correct to assume you were given a visitor's record?

 

[nmclean]

I feel stuck in an endless loop of misinformation.

After researching for a year, I still feel that way.

Anyway, the most important takeaway at this point is that you almost definitely should apply as outland, not inland. Meaning start from this page, not this one. The reason for not choosing inland is that for US applicants, the wait time will be much longer.

The inland/outland classifications are poorly named and poorly explained on the CIC website. While inland requires you to remain inside Canada, outland does not require you to remain outside. And even though it says the application is for those living outside Canada, where the forms ask where you live, you would write your Canadian address even if you have visitor status.

You will still need to go back to border security to extend your visit time. Once you show them your marriage certificate and some evidence that you are applying through sponsorship, they will likely grant you a more reasonable extension (6-12 months).

 

[Edenzdoor]

Thank you all for your help and responses. I will be doing my best to get into contact with the LA Canadian Consulate.

 

[Aquakitty]

Wow, you sure have been through the wringer with all these issues. When you had this interview, where did the officer say you had to submit the documentation to?