Wondering What We Should Do? US/Canada Couple

[Evadyrrehs]

Hello All

My fiance and I have been together since June 2013. She came to Canada from the US to visit with a one way ticket on July 1st 2013, and with some hassle they let her through. They didn't stamp her passport and her legal time to stay here would have been the end of Dec 2013 6 months later etc. We applied for an extension well before the 30 day window to her six month stay was up, and she was granted another six months stay till June 30th 2014. So basically we still have 2.5 months together left until she has to leave, and by the time she leaves we will have lived together for 1 year.

We really do not want to be apart for any length of time and we are trying to figure out our best options, and we are planning to be married before the extension to her stay is up on June 30/2014. The ceremony would be small with just her and I and two witnesses etc.

Here's what we are thinking:

1) She goes back to the US when her extension is up and stays a few weeks then comes back with another one way ticket. We would be married and also have lived together for one year so hopefully they will let her back through again?

2) She remains here and we apply for another extension to her stay, but we can't find any info on if that is allowed? If so maybe ask for another year then?

3) Start the process for an Inbound or Outbound sponsorship but we're not sure which one is best for us?, and we were thinking on doing that next time around when she comes back again or if we could get another extension to her visit.

I work, she doesn't, and she could stay another year no problem if another extension was viable..

What do you all think? Many thanks for any help

 

[Avadava]

Hi there,

first off, congratulations on your upcoming wedding. I will try to give you some info about the sponsorship process.

US/Canada couples usually aren't scrutinized too much, so a small wedding should be fine but make sure you include in your application lots of proof of your genuine relationship (pictures, plane tickets of holiday you took together, joint bank account, etc.) If I were you, I would also explain on a separate sheet of paper why your families weren't at your wedding (this is usually a red flag).

1. She can definitely come back to Canada after going to the US for a couple of weeks, but being married to you does not mean she has more chances of getting into Canada. Just make sure when she comes back she doesn't use the phrase "move to Canada". She is only allowed to visit. And also, a lot of luggage might make the CBSA agents suspicious.

2. I've heard of cases where a third or even fourth extension was allowed. If you pay the sponsorship application fees in advance, you can send that along too. Having a PR application on the way should improve her chances of an extension.

3. The choice of ouland vs. inland is all up to you. The differences between the two are:

Outland - shorter processing times and your wife is free to leave Canada and come back any time. She would have to maintain her visitor status during the process of the application should she wish to remain in Canada for the whole duration. In case of a refusal, you have the right to appeal.

Inland - Longer processing times and your wife is not allowed to leave Canada. Should she leave and be denied re-entry (small chances but it can happen), her inland application would be considered abandoned. The plus side is, after the first stage approval (6-8 months) she can apply for an OWP (Open Work Permit), which will allow her to work. In case of a refusal, with an inland application you don't have the right to appeal.

It has been reported, that the outland process for US citizens takes about the same as the first stage approval with an inland process. Many prefer to go outland, but it's your choice entirely.

 

[Evadyrrehs]

Thank you Avadava for your response and advice

We wished we could have known when we applied for her extended stay that we could have asked for longer. We searched the government sites and couldn't really find any definitive answers and so we just asked for a six month extension which was granted, yay! I wasn't sure they would give it as that would mean they granted us a year together and we would be common law by the time she would have to leave. I thought that would be a red flag for them from some stuff we read but nope, yay again

We are leaning towards her going back to the US at the end of June for a few weeks and then coming back here. It's just a bit of a worry though as they may not let her through so you never now etc.

Also it would be really nice to put in for another extension to her stay and ask for another year to the end of June 2015, but that could be a no go either so who knows lol.

 

[peimum]

When we sent in the sponsorship application, we requested an extention on the visa. They gave my husband a 2 year visitors visa. This is after 2 work visas & 2 visitors visas. It does not hurt to try for another one.

 

[QuebecOkie]

One note: if you request the extension, say for a year, and it is granted, it disappears when she leaves the country again. It says right on the visitor extension "NOT VALID FOR REENTRY." Crossing the border resets the clock again, as I understand it.

We asked for and were granted a one-year extension after filing an inland PR app. In hindsight, if I had it to do over again, we would have definitely filed outland, as my husband is military and was gone for half of our first year here, and I didn't feel I could visit family at all during that time.

 

[Evadyrrehs]

peimum, thanks good to know. Did you both ask for the two year extension or did they give you that when you sent in the sponsorship application?


QuebecOkie, thanks and yes we saw that on the extension we got about not valid for reentry etc. Sorry about you not being able to see your family while you've been in limbo waiting.. It would be nice if they could change the rules a bit and allow low risk people the freedom to leave and return to Canada while waiting on their application and red tape to be processed. It doesn't seem so bad for an Inland applicant to be able to leave the country for vacation or to see family etc while waiting for the final stamp of approval.

I assumed from what I read that a person has implied status when they send in a sponsorship application and immigration application package, so there would be no need to do an extension app too?

I think what we may do is she will go home at the end of this stay and then come back after a few weeks and we will start the sponsorship then, but not 100% sure yet on what to do :-\

 

[canuck_in_uk]

I assumed from what I read that a person has implied status when they send in a sponsorship application and immigration application package, so there would be no need to do an extension app too?

I think what we may do is she will go home at the end of this stay and then come back after a few weeks and we will start the sponsorship then, but not 100% sure yet on what to do :-\

A sponsorship app does not give any form of Implied Status. A person must still maintain their status separately.

There have been quite a few people on here who have extended their visitor status 2-3 times, or even more; some have been or were in Canada for years as visitors. Americans wanting to stay with their Canadian spouses before and during the PR process are given a lot of leeway.

If she doesn't actually want to leave Canada, she can apply for another extension, which would most likely be granted.

If she wants to go back to visit family or something, then as mentioned above, it's a good idea to pay the sponsorship fees before she re-enters Canada.

 

[Evadyrrehs]

Thanks canuck. We've decided that she will go home to visit at the end of June when her extension expires and then come back a few weeks later. Then when she is here again we will file the sponsorship and immigration package..

On a different note what do people do to be covered by medical when they are on an extended visit to Canada from the US. We are just looking into it but wonder if anyone has some good info or advice?

 

[QuebecOkie]

Sometimes spouses can be covered under their partner's provincial insurance. Varies by province. I think it's possible in Alberta, and possibly (Nova Scotia?) one eastern province. Not sure. I know in Québec it's not possible until either after stage one approval (only for inland applicants, you'll probably be applying outland) or after you land as a PR (and then there's a three month or so waiting period from the time you enroll). Also might depend on your employer (my husband is military, i.e. employed by the federal government, and his insurance covered me during the wait). I know some people people take out personal/traveler's insurance. I'm not much help there.

 

[Evadyrrehs]

Thanks QuebecOkie. You were a great help and we appreciate it I think for our situation then we would most likely find some private insurance so she is covered for her stay until the day she can be covered under our healthcare here etc.

Just to recheck what people may think here's what we are planning to do: She will go back home to the US (Chicago) at the end of June when her visitor extension expires. After a few weeks back in Chicago she will come beck here as a visitor again. While here for a few months we will apply for either 'Outland' or 'Inland' and take it from there. Still haven't decided on which one but we are leaning towards 'Outland' .

 

[peimum]

peimum, thanks good to know. Did you both ask for the two year extension or did they give you that when you sent in the sponsorship application?

I assumed from what I read that a person has implied status when they send in a sponsorship application and immigration application package, so there would be no need to do an extension app too?

I think what we may do is she will go home at the end of this stay and then come back after a few weeks and we will start the sponsorship then, but not 100% sure yet on what to do :-\

We just applied to reinstate his visa that had expired the day before. We did not request a year, or 2 years, it's just what they gave us I'll take it