Visitor Stay Expired - Past 90 days

[Desdra]

I am panicking. My husband and I have been so good about making sure we get in his application to extend his visitor status but with all that was going on in life we missed the expiry date and are past the 90 day period they say you can apply for restoration. I know it's our fault that put us in the position and I am trying to figure out what options we have.

I am a Canadian citizen and he is from the US. He first came up to stay longer then a 2 week visit in November of 2011. We have been married since 2012 and have a little girl together. He did go back to the US for the month of July in 2012 and we have been renewing his visitor visa ever since. We have been saving up the money needed for pay for the fees so I can sponsor him to become a permanent resident but it's been slow going since I am the only one that works but he saves us so much by being able to stay home with our little girl while I work. I need him here to be able to care for our child while I work, I don't know what I will do for child care if he has to go back to the US.

Will they still accept the restoration application even though it's past the 90 days?
If not how long does he has to go back to the US before he can come back up?

 

[Jalex23]

Will they still accept the restoration application even though it's past the 90 days?

No. He has to leave immediatly.

If not how long does he has to go back to the US before he can come back up?

That is tough to say. There is no written rule, but one thing for sure is that when he tries to comeback he will have the overstay in his profile, he has a wife in Canada and he is clearly trying to come to live, not to visit.... so chances are slim he will be admitted again in the near future.