Restoration of Status-Urgent Help Requested

[CanadaJ2]

I am a Canadian citizen and married a man from England after a 6 year long distance relationship. On his second trip to Canada (arrival Aug. 5 2010), we got legally married Dec. 10, 2010. In Dec. 2010, we filled out and sent in applications for; spousal sponsor, permanent immigration and visitor extension.
No word back yet on the permanent immigration or spousal sponsor application.

June 13/2011 we received a response to visitor extensionn which was refused because it stated "there was no proof of entry into Canada" (proof of passport and stamp). All required supporting documentation including copy of passport and stamped pages WAS included with the application. We both double checked everything before we mailed it.

But, we discovered (to our horror) that the visitor extension application IMM1249E was sent to the incorrect address (sent to Case Processing in Mississauga instead of Vegreville, Alberta), when a case worker called us from Mississauga. She assured us thst she would send the package onto Vegreville. Obviously all the original contents were not returned to the package when it was then forwarded to Vegreville.

When we received the refusal notice, we immediately called immigration and explained the situation and was told to apply for Restoration of Status, which we are now doing.

My husband arrived here Aug. 5, 2010 so he was legally here until Feb. 5, 2011. The original visitor extension application was requested for another 6 months, bringing it to Aug. 5, 2011.

We are now June 2011,and we want to be together until word on the rest of the applications come through, so my questions are;
1. For the Restoration of Status, do we use the original 6 month extension date request of Aug. 5, and fill out a 2nd visitor extension application?   or
2. Do we ask for another 6 months, bringing it to Feb. 5, 2012 instead of Aug. 5, 2011?                       

Please if someone can answer this, we would be so appreciative.

Thanks

CanadaJ2

[job_seeker]

Now 90 days past the allowed period to restore.

I am a Canadian citizen and married a man from England after a 6 year long distance relationship. On his second trip to Canada (arrival Aug. 5 2010), we got legally married Dec. 10, 2010. In Dec. 2010, we filled out and sent in applications for; spousal sponsor, permanent immigration and visitor extension.
No word back yet on the permanent immigration or spousal sponsor application.

June 13/2011 we received a response to visitor extensionn which was refused because it stated "there was no proof of entry into Canada" (proof of passport and stamp). All required supporting documentation including copy of passport and stamped pages WAS included with the application. We both double checked everything before we mailed it.

But, we discovered (to our horror) that the visitor extension application IMM1249E was sent to the incorrect address (sent to Case Processing in Mississauga instead of Vegreville, Alberta), when a case worker called us from Mississauga. She assured us thst she would send the package onto Vegreville. Obviously all the original contents were not returned to the package when it was then forwarded to Vegreville.

When we received the refusal notice, we immediately called immigration and explained the situation and was told to apply for Restoration of Status, which we are now doing.

My husband arrived here Aug. 5, 2010 so he was legally here until Feb. 5, 2011. The original visitor extension application was requested for another 6 months, bringing it to Aug. 5, 2011.

We are now June 2011,and we want to be together until word on the rest of the applications come through, so my questions are;
1. For the Restoration of Status, do we use the original 6 month extension date request of Aug. 5, and fill out a 2nd visitor extension application?   or
2. Do we ask for another 6 months, bringing it to Feb. 5, 2012 instead of Aug. 5, 2011?                       

Please if someone can answer this, we would be so appreciative.

Thanks

CanadaJ2

[CanadaJ2]

Now 90 days past the allowed period to restore.

Thank you for your reply, but I still need some clarification.
As my husband was legally here from his date of entry into Canada (Aug. 5, 2010), until Feb.5, 2011, the original visitor extension was requested for from that date (Aug. 5 2011).
It was refused due to missing documents because of mailing to an incorrect address.
We had planned all along to send in a 2nd visitor extension if permanent immigration application was not complete, and it isn't.

So taking into consideration, we JUST received the refusal and are sending in restoration of status, should the date requested to stay, be an ADDITIONAL 6 months, as would be the case if we were sending in the 2nd visitor extension application? Or does the restoration status application have to have the date of the original application (as in going through the process again)?

So really there are 2 actions we are taking;
1. Sending in restoration of status, but unsure what to put on for requested extension date....and
2. Want a 2nd visitor extension for an additional 6 months.
Just unclear of a few details and we sure don't want to make another mistake.


Thanks again

[job_seeker]

He is not eligible for the restoration now considering his allowed stay is well past the 90 days window to file for it. Seeing he is American, he can leave and then come back or wait out the result of the sponsorship without visitor status.

http://www.cic.gc.ca/english/information/applications/guides/5551E3.asp

Thank you for your reply, but I still need some clarification.
As my husband was legally here from his date of entry into Canada (Aug. 5, 2010), until Feb.5, 2011, the original visitor extension was requested for from that date (Aug. 5 2011).
It was refused due to missing documents because of mailing to an incorrect address.
We had planned all along to send in a 2nd visitor extension if permanent immigration application was not complete, and it isn't.

So taking into consideration, we JUST received the refusal and are sending in restoration of status, should the date requested to stay, be an ADDITIONAL 6 months, as would be the case if we were sending in the 2nd visitor extension application? Or does the restoration status application have to have the date of the original application (as in going through the process again)?

So really there are 2 actions we are taking;
1. Sending in restoration of status, but unsure what to put on for requested extension date....and
2. Want a 2nd visitor extension for an additional 6 months.
Just unclear of a few details and we sure don't want to make another mistake.


Thanks again