Extension of Stay on Visitor Record
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Author Topic: Extension of Stay on Visitor Record  (Read 4564 times)
g-man
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Posts: 118
Ratings: +1
Category........: FAM
Visa Office......: Buffalo -> Seattle
App. Filed.......: 25-10-2011
AOR Received.: 24-01-2012
File Transfer...: 09-01-2012 (22-02-2012 Seattle)
Med's Done....: 19-07-2011
Passport Req..: 12-04-2012
LANDED..........: 01-07-2012 (Canada Day!!)

« on: September 07, 2009, 08:13:50 pm »

Hey guys,

I've exhausted all of the resources I can find to get my questions answered but I have been unable to get anything satisfactory given my situation. Hopefully someone on here can give me a hand with this process...and let's hope I don't ramble too much! Smiley

I am a US Citizen dating a Canadian (Citizen) and I am currently in the country on a Visitor Record. I was quite surprised when I was given this crossing the border as I have been to Canada on numerous occasions (including 6 months of study at UBC) and I know that being from a visa-exempt country usually means a stamp in my passport if anything. However, being up front and honest with the CBSA I told them my intention to stay for the maximum 6 months to spend time with my gf while she finishes full time schooling. After providing all the documentation I could think of (bank statements, paycheck stubs, health insurance card, car insurance, et al), I was almost turned around. I had to get my employer to fax, on the spot, a signed document that I would remain employed during the duration of my stay. Now that is all well and dandy and I got my 6 months, but the problem is that the CBSA agent indicated that upon leaving at the end of my 6mo stay, I must cross the border at that specific station and talk to her, otherwise my future entry may be affected. There is nothing on my Visitor Record to indicate this condition. I understand overstaying can have that effect but it seems she was just trying to scare me. Could this be true?

This plays into my main question regarding extension. I plan to extend my status within the 30 day window prior to my current VR expiration, however I am concerned with the acceptance of said application. My desire at this point is to remain here until June 2010 when my gf graduates at which point we will be moving back to the states together on (hopefully) a finance visa. My fear is that they will more than likely deny my application for extension since I wouldn't expect CIC consider dating to be a compelling enough reason to stay. So...

1) Would anyone like speculate as to the possibility of my extension being granted (for any amount of time)?
2) Would a denied extension application affect my re-entry in the future? If denied (presumably ~5months before she graduates given current processing times), I would like to come back for short  periods to visit.
3) Would I be better off leaving on or before my VR expiration, staying out until the year rolls over, and then coming back for another 6 months January 1st? If I am not mistaken the 6 month allotment is per calendar year?

I've explored the PR route, but without a job offer here that does not seem probable to get me anywhere. I love to live in Canada but given the market outlook right now, especially for my field (IT), I don't see a job offer being forthcoming. I've actually done a bunch of networking while here but everyone gets turned off when I tell them the hoops they need to jump through for me to work here.

I'm trying to keep everything above board and not break any laws. I've tried to call CIC but I never seem to be able to get through to a person. I have plenty of funds to support myself here, empty credit lines, bachelor's degree, and all my family back home, and every reason except my gf to go back to the states. My job is online and I can work anywhere in the world. According to what I've read from the Foreign Workers Manual of Canada, I am allowed to work here given my situation without a work permit. So I have a continual flow of money with which to support myself here. And I just renewed my medical policy back home for another year for those of you who are wondering. Wink

Any help would be greatly appreciated! Thanks in advance!
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zubee
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« Reply #1 on: September 09, 2009, 07:57:17 pm »

i would like to know the answer of this too.....

1) Would anyone like speculate as to the possibility of my extension being granted (for any amount of time)?

I'm going to have my wedding next year around MAY but my visitor visa will be expired on coming December. I'm afraid they will file my case if they reject my extension and it affact our PR application for future..... but in the same time, if i stay after my wedding and apply the PR, they will ask me why i overstay........

so anyone know what's the best way i should do?
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g-man
Star Member
****

Posts: 118
Ratings: +1
Category........: FAM
Visa Office......: Buffalo -> Seattle
App. Filed.......: 25-10-2011
AOR Received.: 24-01-2012
File Transfer...: 09-01-2012 (22-02-2012 Seattle)
Med's Done....: 19-07-2011
Passport Req..: 12-04-2012
LANDED..........: 01-07-2012 (Canada Day!!)

« Reply #2 on: September 14, 2009, 02:28:10 pm »

As much as I appreciate the looks, any help would be doubly appreciated!
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Niyati
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« Reply #3 on: October 19, 2009, 04:29:26 am »

Greetings! This might be a late response for you, but I will share my experience with Canada Immigration which will hopefully help answer the questions you have!

I was born a US Citizen. During the summer of 2006 I made a Canadian friend on World of Warcraft and by that winter I had fallen in love with him. We decided to meet in person in spring of 2008, and things went great! I traveled to Canada again that summer intending to visit for one month, and I ended up staying five. I verified on the website that I was allowed to visit without a visitor record for 6 months so in November my boyfriend and I traveled to the states to meet my family and get married, which also reset my visit timer. (I had spoke with Immigration over the phone and they told me that as long as I left Canada for ANY amount of time, and satisfied an officer to let me back across the border, my visit timer would be reset.) Upon returning to the Canadian border, I was issued a visitor record immediately which allowed me to live with my husband for 6 months and I was also given the necessary paperwork to apply for permanent residency. When my visitor record was about to expire I applied for an extension and told them the truth: I wasn't done filling out my immigration paperwork and I wanted to continue living with my husband during that point in time. My application was approved and my current visitor record will expire in three months, so I'm actually getting ready to apply for ANOTHER extension as I wait on information from my college to complete my paperwork. I have no doubt in my mind that they will approve my application as I have only experienced great cooperation with these people!

In short, I would go ahead and apply for an extension, telling them the truth. State exactly how long you are planning to stay for and why. I would guess that it's harder for them to seperate a husband and wife, but I do not think that they will deny your application simply because you are not married. It sounds to me like you can prove that you have enough reason to return to the states when your stay is over. If you'd prefer to leave the country to reset your visit timer, you should be able to spend as little time as you'd like in the US and as long as you can convince an officer to let you back into Canada, you will be good for another 6 months. DO NOT take my word as fact, this is only what I was told over the phone with Immigration and I suggest if you are planning to do this that you call and ask them yourself first. As for a denial of extension affecting your future entries into Canada, I do not have a clue. I would also call Immigration and ask them personally.

When I call Immigration I usually press "1, 1, 1, 1, 0" (I think that's right, LOL, I got used to calling them over and over until I reached someone) through the menus and it will dial to someone you can talk to about all of this. If they are full on callers at the moment, hang up and try again! The longest I've ever had to do this to reach someone is 30 minutes.

If you are considering living in Canada, one option to apply for Permanent Residency is to have your wife (if you two decide to get married) sponsor you. If that's not something you are interested in, you will have to look at your other options. This is the process my husband and I chose to work on getting me my Permanent Residency here in Canada, and so far it looks promising! We had planned on getting married from the first time we met in person, and I didn't want to apply for Permanent Residency from outside Canada.

Zubee, I suggest applying for the extension of your Visitor Record and tell them the truth. In my experience they have been very understanding of these situations as long as you are honest from the start!

Good luck to the both of you with your visitor records and/or permanent residencies!
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ImmEnforce
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Posts: 71
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« Reply #4 on: October 21, 2009, 01:40:28 pm »

I am thinking the officers suspicions were correct. You have no job to return to after your six months visit. Good luck with your extension.
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Suin
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« Reply #5 on: October 23, 2009, 11:20:09 pm »

please keep us updated.
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it's just my own opinion influenced by my own experience.
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