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visitor extension denied and marriage

acer925

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Jan 1, 2010
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I've been living in Canada with my gf for a few months as a US citizen, I went to the states for 2 weeks and when I came back into Canada the guys at the border gave me a hard time and only gave me two weeks to stay in Canada, they stamped my passport and all. But I called Canada Border Services Agency told them the story and they told me to apply for an extension and meanwhile that would allow me to stay in Canada while its processing. My question is, if they decline my visitors extension, and then we married in Canada where would that leave me? Would I still have to leave Canada if were married? Thanks.
 

teec

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Nov 17, 2010
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acer925 said:
I've been living in Canada with my gf for a few months as a US citizen, I went to the states for 2 weeks and when I came back into Canada the guys at the border gave me a hard time and only gave me two weeks to stay in Canada, they stamped my passport and all. But I called Canada Border Services Agency told them the story and they told me to apply for an extension and meanwhile that would allow me to stay in Canada while its processing. My question is, if they decline my visitors extension, and then we married in Canada where would that leave me? Would I still have to leave Canada if were married? Thanks.
You would be able to live here, but would not be able to work.

When you submit your application for PR you could send a request for OWP at the same time.
 

Baloo

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Nov 30, 2009
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acer925 said:
I've been living in Canada with my gf for a few months as a US citizen, I went to the states for 2 weeks and when I came back into Canada the guys at the border gave me a hard time and only gave me two weeks to stay in Canada, they stamped my passport and all. But I called Canada Border Services Agency told them the story and they told me to apply for an extension and meanwhile that would allow me to stay in Canada while its processing. My question is, if they decline my visitors extension, and then we married in Canada where would that leave me? Would I still have to leave Canada if were married? Thanks.
Apply for the extension by post, you will then have implied status. If CIC refuse your extension you will need to leave, married or not.

Are you applying for PR in Canada yet?
 

acer925

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Jan 1, 2010
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Baloo said:
Apply for the extension by post, you will then have implied status. If CIC refuse your extension you will need to leave, married or not.

Are you applying for PR in Canada yet?
I applied online already, in retrospect I wish I applied via postmail b/c I'd have more time. Thats such BS how can they tell me I have to leave my wife? After we got married if I applied for PR would that make a difference?
 

Baloo

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Nov 30, 2009
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acer925 said:
I applied online already, in retrospect I wish I applied via postmail b/c I'd have more time. Thats such BS how can they tell me I have to leave my wife? After we got married if I applied for PR would that make a difference?
Don't get too wound up about it.
As you have applied for PR, they may extend the visa, all you can do is wait.

Did you apply inland our outland (I assume you applied outland)?

Why did the IO have a problem with you entering Canada?
 

acer925

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Jan 1, 2010
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Baloo said:
Don't get too wound up about it.
As you have applied for PR, they may extend the visa, all you can do is wait.

Did you apply inland our outland (I assume you applied outland)?

Why did the IO have a problem with you entering Canada?
No I havent applied for PR yet, we aren't married yet. All I did was apply for the visitors extension. But if they deny my extension then at that point I was wondering what would happend if we got married and I applied for PR. Im not sure why he only gave me 2 weeks and wrote on my passport for it. I think it was because I told him I was in Canada during the summer for a couple months as well and so maybe he thought I was gonna just live with my girlfriend instead of visit? Not really sure, their real a-holes in there. Only at that border too, I went across from a different border last time and they were much nicer. The Detroit-Windsor border is full of guys on power trips.
 

Baloo

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Nov 30, 2009
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Sorry I misunderstood the PR application.

Sadly getting married does not give you (or anyone) a right to be in Canada.

You could get married and apply for outland PR - you could still travel in and out of the country.
Everyone has a different experience, some couples are "allowed" to be together, some not.
 

ditta

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Oct 14, 2010
318
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Did you overstay the previous time you were in Canada? That could be one reason why they gave you only two weeks...Were you alone or your girlfriend was with you at the border?
Getting married and applying for the PR will not guarantee to stay. Surely if you get to the point to submit your application, you would choose Buffalo rather than Inland. If you apply inland along with open work permit application you will be able to work after 9 months and your first stage approval only. By that time you would get the PR from Buffalo if your case is straight forward.
Think ahead very carefully before you decide, because you have one chance. Is it better to stay with your gf/wife without work for a long time in Canada and not to leave the country for the time of the whole process inland or choose the way to be separated maybe for a few month with the option to cross the border whenever you want to and get your PR in third amount of time.
 

acer925

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Jan 1, 2010
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Baloo said:
Sorry I misunderstood the PR application.

Sadly getting married does not give you (or anyone) a right to be in Canada.

You could get married and apply for outland PR - you could still travel in and out of the country.
Everyone has a different experience, some couples are "allowed" to be together, some not.
Thanks. Now does the same rules apply for common law sponsorship? Like would I still be able to apply for PR after CL sponsorship? That might be a dumb question but I really do not know. lol
 

MandiF

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Sep 7, 2010
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Alberta Canada
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10-02-2011
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25-02-2011
acer925 said:
Thanks. Now does the same rules apply for common law sponsorship? Like would I still be able to apply for PR after CL sponsorship? That might be a dumb question but I really do not know. lol
CL PR application works exactly the same as spousal application, its just the evidence within the application itself that is slightly different i.e. having to prove that you have cohabited for at least one year and no need for marriage certificate etc.

If you went down the CL application route you would once again have the option of applying outland or inland and then it would have the sponsorship section of the application which would take approximately one month for outland and 9 months for inland and then the PR section of the application would be processed which is currently running at about 9 months for inland and outland depends on the VO you apply to.
 

acer925

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MandiF said:
CL PR application works exactly the same as spousal application, its just the evidence within the application itself that is slightly different i.e. having to prove that you have cohabited for at least one year and no need for marriage certificate etc.

If you went down the CL application route you would once again have the option of applying outland or inland and then it would have the sponsorship section of the application which would take approximately one month for outland and 9 months for inland and then the PR section of the application would be processed which is currently running at about 9 months for inland and outland depends on the VO you apply to.
So if they deny my visitors extension, we then could apply for common law sponsorship along with PR for myself and that would give me implied status and allow me to stay in Canada?
 

kelKel

Champion Member
Apr 8, 2010
1,296
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Canada
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Buffalo
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17-11-2010
File Transfer...
04-11-2010
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28-02-2011
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03-03-2011
Have you been living with your gf for one whole year and can prove it. If so you can apply the common law route. Unfortunately if they deny your extension you will be asked to leave.
 

Baloo

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kelKel said:
Have you been living with your gf for one whole year and can prove it. If so you can apply the common law route. Unfortunately if they deny your extension you will be asked to leave.


acer925 said:
... Im from NY.I came here in August to live with my girlfriend, and have been here since without ever going back to the states. ...
 

kelKel

Champion Member
Apr 8, 2010
1,296
63
Canada
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
06-10-2010
AOR Received.
17-11-2010
File Transfer...
04-11-2010
Interview........
Waived
Passport Req..
28-02-2011
LANDED..........
03-03-2011
Thanks Baloo I'm blind.
 

ditta

Hero Member
Oct 14, 2010
318
17
Category........
Visa Office......
Vegreville
Job Offer........
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App. Filed.......
26-06-10
Med's Done....
20-06-10
Interview........
waived
LANDED..........
02-06-11
So you lived with her from 2009 August, am I correct? That means you lived a full year together to qualify under common-law. Have you been staying in Canada under legal status for the whole time? Or did you do anything in the past that made them to give you only two weeks at the entry? It is an oddly short time.