Visitor Visa Restrictions put on American Visitor

[lenny_pitts]

Hi. My American girlfriend and I just drove across the North Dakota/Manitoba border. We tried to do everything right. She has no kids and has never owned her own home. She has only lived with her sister or with her parents in Ohio. She brought a folder containing what we thought were 'ties' to America such as phone bills, student loan payment schedule, car insurance bill schedule. She ALSO got 6 months Travel Insurance for her visit! This is the next logical step of our relationship i.e.) a longer duration of time together to see if it will work. In order to visit with me in Canada for 6 months she quit her job but also saved 7000$ before doing so. She also packed some household items in her car such as vinyl records and some kitchen utensils along with her luggage and board games because she will be bored and needs stuff to keep her busy while I'm at work. We know she cannot work or go to school or any of that stuff

She was almost refused and ultimately given a 3 month restricted visitor visa to our dismay. Any thoughts on this? Obviously the kitchen stuff probably wasn't the best idea!

Also, we want to apply for an extension to her visitor visa but do not have the ability to apply online or print out the form. Does anybody know where to do this in Winnipeg??

 

[Jalex23]

She was almost refused and ultimately given a 3 month restricted visitor visa to our dismay. Any thoughts on this? Obviously the kitchen stuff probably wasn't the best idea!

Of course, a visitor status is not meant for living... and what you were trying to do was abuse the visitor status, taking it to its limit. It was an expected result.

Also, we want to apply for an extension to her visitor visa but do not have the ability to apply online or print out the form. Does anybody know where to do this in Winnipeg??

How do you mean? You clearly have access to internet... so why can't you apply online?

If you cannot do it online nor on paper, then you are out of options. If you are in a remote area then you will need to do a trip day in order to get all this done. Also bear in mind that an extension is likely to be refused as the three months were given because she showed she was not a genuine visitor, so applying for an extension would defeat the purpose of her limited stay.

 

[lenny_pitts]

Oh ok. But we wern't trying to hide anything and she is going back with all the stuff she came with. And I do not have a computer and my phone and tablet won't let me download adobe acrobat reader 10. Sorry

Jalex23 why the hate?? I'm just simply asking if I can apply for an extension in person somewhere?

 

[scylla]

Unfortunately it was a big mistake to bring household items like records and kitchen utensils. That was a clear indication to CBSA that she was planning to use the visitor visa to live in Canada rather than just visit. Same goes for the board games. You don't bring these kinds of items when you're visiting - you bring them when you're moving. Anyway - what's done is done.

She can try applying for a visitor visa extension to stay in Canada longer. The process is in the link below. You'll need to either use a friend's computer that has the required software or go to the local library and do it there if you want to submit online. Alternatively you can print out the forms at any number of print places, fill them out and then mail them in. Yet another option would be to hire an immigration consultant to complete the application for you. There are many options available to you for getting this done. There is nowhere you can apply in person.

http://www.cic.gc.ca/english/visit/extend-stay.asp

If the visitor visa extension is refused, she will need to leave.

 

[canuck_in_uk]

She brought a folder containing what we thought were 'ties' to America such as phone bills, student loan payment schedule, car insurance bill schedule.

She was almost refused and ultimately given a 3 month restricted visitor visa to our dismay. Any thoughts on this? Obviously the kitchen stuff probably wasn't the best idea!

Those aren't ties, as none of it prove she will return to the US. Ties are a job, lease/mortgage, spouse/kids in the home country, school enrollment etc.

For the visitor extension, wait until July when she is closer to the expiry date. IRCC recommends applying 30 days ahead of time, though a person can apply right up until their status expires.

 

[Jalex23]

Oh ok. But we wern't trying to hide anything and she is going back with all the stuff she came with.

And that is why you were given 3 months. You were honest and showed not a bad intent, so instead of being refused you were given some time.

And I do not have a computer and my phone and tablet won't let me download adobe acrobat reader 10. Sorry

In this case there are no options left. You will have to rent a computer or ask a friend to print the forms for you. You can go to Winnipeg and rent a computer by the hour in WalMart, OfficeDepot or Staples.

Jalex23 why the hate?? I'm just simply asking if I can apply for an extension in person somewhere?

lenny_pitts why so sensitive? I am just answering your questions in a non-BS manner.

 

[lenny_pitts]

Thanks for the help guys! We understand things better now.

Another question: She was given a hard copy of the restriction and it is stapled in her passport. Once she leaves (before the 3 months is up) what happens if she wants to visit again? If she flies with just a suitcase next time? Does the paper restriction stay in her passpirt even though rhe visa has expired? Is she screwed for any future visits? Do we have to rush into marriage so I can sponsor her outland??

I appreciate the help

 

[canuck_in_uk]

Another question: She was given a hard copy of the restriction and it is stapled in her passport. Once she leaves (before the 3 months is up) what happens if she wants to visit again? If she flies with just a suitcase next time? Does the paper restriction stay in her passpirt even though rhe visa has expired? Is she screwed for any future visits? Do we have to rush into marriage so I can sponsor her outland??

If she doesn't extend her stay, she needs to turn in the Visitor Record to CBSA when leaving Canada to prove that she didn't overstay.

The details of the VR and this entry are in the system, so she can expect higher scrutiny on future visits.

 

[lenny_pitts]

How is it possible to visit for 6 months without intention to live for 6 months?

 

[canuck_in_uk]

How is it possible to visit for 6 months without intention to live for 6 months?

People do it all the time. The important thing is to look like a visitor.

Had she just taken a bag or two of clothes/toiletries, she would have most likely been able to enter without issue. However, the household stuff was indicitive of someone coming to live in Canada and that triggered further investigation into her stay, her ties to the US, her plans etc.

 

[Elanigana]

When I came to Canada in September we were very clear about our intentions when we got to the border. We explained we'd be staying for 6 months and then applying for an extension to achieve common-law status. We didn't get much push back. They obviously asked me questions to make sure our relationship was genuine.

We just applied in February for an extension as my 6 month ended March 23. We applied February 22 via Online Application for an additional year to stay in Canada. ( March 23, 2018 expiration.) and were approved. We cited Common-Law and our intent to apply for PR application come September.

I think all you can do from here on out is apply for an extension. When applying, I wouldn't write "We're exploring our relationship to see how it'll work." That's NOT how common-law works. Basically you have to be committed to this person. These programs aren't meant for relationships that want to "See how it'll work," that sounds like you're trying to get someone status.

So when applying, do it online. You will have implied status until you receive an answer... Ours took 2 months to get an answer.

We also have many visits documented back and forth before we made this move... my SO was driving down every month to see myself and our kids and if he couldn't drive down, I flew to see him...

 

[Elanigana]

I also think it depends on the officer that you deal with at the border. Our car was JAM PACKED with household items, my cats, EVERYTHING. And we received very little push back and was given the 6 months no issues...

As much as I hate to admit it, it depends on the person at the border...