Visitor status?!?? Help

[Noname333]

I am a us citizen, currently here with only visitor status. Here soon I will have stayed my full 6 month limit as a visitor.
I do not have time to fill out the extension application as the cic website says that even as a visitor to obtain a granted extension I would need a medical exam. I don't have time to schedule the exam and put the paperwork through.
With that being said, I have been staying with my boyfriend. We definitely want to pursue this relationship as it is greatly what we both want in life. This month marked a year of us meeting.

If I was to cross the border into the us, can I turn around the next day or a few days later and come back to canada?
What are my chances of being denied?

We are hoping to file a spousal application for my PR status as soon as we can claim common law.
We are not against marriage, but we don't want any other immediate influences on that decision. We want to be married because we want to get married not because we have to. But at the same time, if that's what it comes down to, it is what it is.

We have searched and searched through information on how to go about me becoming legal here as a resident with little to no certainty in how to go about doing this.
He is a Canadian citizen, with a huge career tie here as well as a daughter. So he would not be able to leave for long amounts of time.

I'm terrified that if I try to cross the border again after staying a full six months already that I will be denied.
Having to return to where I'm from (40 hours away from him), makes me want to throw up.
Any information would be appreciated.

 

[Ponga]

Hi,

First of all...don't panic!

How close are you to your 6 month stay expiry?

You may still have time to apply for a visitor extension, and explain that you are requesting 12 months, so that you can reach the 1 year requirement for Common-Law and that you will then apply for PR. Since you are from the U.S., it's typically not a problem (although never guaranteed) and you would NOT need a medical exam. If you check the CIC website again, it states that some people may be required to undergo a medical exam; these are likely people from non-visa exempt countries. As long as you submit the application to extend your stay BEFORE your status expires (meaning that CIC MUST receive it before your status expires, not just mailed before your status expires), you will be under `implied status' until they receive and review your request.

Even if your request is denied (which seems rare for someone from the U.S.) you had a bit more time in Canada.

The other option would be to apply for Restoration of Status (within 90 days of your status expiry), but the cost for this is more than the visitor extension, I believe.

Lastly, you can always go `home' and return a few days later, but there's nobody here that can tell you how the CBSA officer, that you encounter upon re-entry, will react. If you can show strong ties to the U.S. (such as employment, lease, banking, etc.) it makes it easier. Having a return ticket (fully refundable) is also a good idea.

Good Luck!

 

[Noname333]

Thanks so much for the information.
And yes, after reading my own post again, it's undeniable that I am in a full blown panic.

How long does it take for the extension to be received?


We had other plans on renewing my status two weeks ago and then some occurrences happened that postponed things.

Right now my status is only valid for another two weeks. :'(

 

[tink23]

Submit now! Fill out the extension and send it today! Don't waste another day. Technically it should have been sent 2 weeks ago, but send it now!

 

[Noname333]

I just looked at the application processing times.
Not sure why I couldn't find it before and it's at 20 days.

 

[zinaramirez]

I just looked at the application processing times.
Not sure why I couldn't find it before and it's at 20 days.

Once you submit an extension request you will have what's called "implied status". This means you are legally in Canada while you wait for the application to process, so processing time doesn't matter, like Ponga said.

They only request a med exam from non visa-exempt countries, even though they say they want one if you try to do it online. If you file a paper application they don't request one. It also takes longer to process paper applications, which means you have implied status for longer.

 

[Noname333]

So how do I know I'm under implied status?
And if I have implied status that overrules visitor status?
I don't want to do anything illegal.

 

[missmatalini]

So how do I know I'm under implied status?
And if I have implied status that overrules visitor status?
I don't want to do anything illegal.

Once the application is out and has been received you are under implied status.


When we applied (online) last December to extend my stay, we didn't receive my extension document in the mail until Mid January. So it was about a month and a half (My status expired January 6th 2014 so I was only in implied status for 3 weeks)

We just refiled to extend my stay again through snail mail this time. That was sent last week so I have no time frame yet on that.
Send your application out NOW.

 

[Ponga]

So how do I know I'm under implied status?
And if I have implied status that overrules visitor status?
I don't want to do anything illegal.

If you apply for an extension BEFORE your status expires, the implied status is automatic.

The implied status would begin the day AFTER your current visitor status expires and simply extends it (in theory) until your request has been processed.
Implied status, in essence, allows you to continue to legally remain in Canada under the same terms that you previously had.

It's basically CIC's way of saying: "we trust you, until we process your request for an extension"...sort of.