Spousal Sponsorship Inland or Outland ( Confused)

[CKYfun]

Hi, I am just new on this site and trying to find answer that might help.
I am a Canadian and married my wife from malaysia. She's been here for 2 and half years but she has no status right now. She was trying to get new work permit after her contract with her previous job on october 2010 end but she got denied because of she doesn't have any education background toward the job that she's been applying for.
Her visa's expired on November 2010. she's been applying for extended her staying a visitor  because she applied from  Buffalo while waiting for her work permit on October. She got a letter of refusal work permit on December 2010.
We were engage on february and I am planning to marry her as she get her visa extension. We are planning our wedding on April 15, 2011.
Turn out that she got a letter of her refusal visa extension on April 5th. I went to the immigration and explain that we are planning to get married on April 15th and they have told me that I still can apply for spousal sponsorship if we get married. The give my 3 months from the day she got refused to apply for new LMO or spousal sponsorship.
Now I got all my documents and medical check up for her but I really need help. Do I need to apply outside of canada because she has no status or I can apply inside Canada?
Thank you very much for all your help.

[awor]

You don't have to apply inland because of her status as far as I understand from other threads. I think it's usually suggested to apply outland because you can appeal a denial. If you apply inland, no appeals are allowed.

[CKYfun]

Thank you Awor! I will try to apply outland but I hope she doesn't have to travel back  her country  for interview.

[canadianwoman]

If you apply outland, she will have to go back to Malaysia for the interview, and there probably will be one.

You could also apply inland in spite of her status. Outland will be faster, though, even though you might have to be separated for a month or so because of the interview.

[CKYfun]

I HAVE A QUESTION ABOUT MY WIFE STATUS. WILL SHE BE ABLE TO APPLY FOR EXTEND HER VISA AS A VISITOR AGAIN SINCE SHE GOT REFUSED LAS TIME?  BECAUSE IF THE IMMIGRATION REQUEST FOR INTERVIEW AND SHE HAS TO GO FOR INTERVIEW IN THE STATE, HOW CAN SHE GET BACK TO CANADA? ANYONE EVER HAD THIS SITUATION BEFORE WHILE HAS NO STATUS AND HAS TO GO FOR INTERVIEW? PLEASE HELP. THANKS

[canadianwoman]

Have you sent in her PR visa application already? And was it outland (sent to Mississauga) or inland (sent to Vegreville)?
It sounds like you sent it already, specifying Buffalo as the visa office. Can she get into the United States for the interview? Malaysians need a US visa.

When the immigration office in Canada gave her 3 months to either apply for a new LMO or get married, I think they were assuming that after you married, she would stay in Canada and apply for a PR visa inland.

[Leon]

She can use this change of status application: http://www.cic.gc.ca/english/information/applications/visitor.asp to apply to extend her visitor status.  She should list as a reason that she got married (include proof) and is in the process of applying for sponsorship.

It is up to you if you pick inland or outland.  If you apply inland, the average processing time is around 18 months to get PR but she would probably be able to get an open work permit after 9 or 10 months if she gets first stage approval without a problem.  If immigration has doubts about your marriage, then she would not get first stage approval and would have to wait it out for an interview at the local office at CIC.  This can add a year or two to your application during which time she is on visitor status and can not work.  She should not leave Canada while inland is in process.

If you pick outland, it takes Mississauga currently 37 days to approve you as a sponsor and then the application goes to Kuala Lumpur or Buffalo if you picked Buffalo as your processing office.  Since she came to Canada with a 1 year visa or longer, you are allowed to pick Buffalo but be advised that if she is called there for an interview, she needs to make sure she can get a visa to the US to attend that.  The processing times, see http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp are 80% of cases done by 13 months in Kuala Lumpur, 11 months in Buffalo so your could be faster than that if it is in the faster 50%.  If there is an interview, it would likely be at the last stages of the application so if she had to leave, you wouldn't be apart very long if she is approved.

[CKYfun]

THANK YOU VERY MUCH THE REPLIES. MY WIFE HAS A VISA TO USA. SHE JUST REALLY NEED A VISA TO REMAIN HER STARUS IN CANADA. ACTUALLY I AM TRYING TO GATHER ALL THE INFORMATION SO I CAN DO IT RIGHT.

[Italian Stallion]

Hi everybody!!!
In septmber i will get married whit my canadian fiancee and I want to start the application for the PR. I have to wait untill i'll be married or there is somenthing that i can do now? We live in Italy!!

Thanks for your answers!!!

[Darque]

Sorry to be a wet blanket but...

Instead of spamming several threads with the same post, it probably would of been easier just to start your own thread asking for advice or reading through information already on this forum which answers your concerns?  

[rjessome]

THANK YOU VERY MUCH THE REPLIES. MY WIFE HAS A VISA TO USA. SHE JUST REALLY NEED A VISA TO REMAIN HER STARUS IN CANADA. ACTUALLY I AM TRYING TO GATHER ALL THE INFORMATION SO I CAN DO IT RIGHT.

One thing you need to be aware of.  Since she was refused on April 5, she has 90 days from that date to apply for TWO things, Restoration and a Change of Conditions to a Visitor permit.  Be sure she applies for both.  She must advise them that she married a Canadian and is being sponsored under the family class.   Include a copy of your fees receipt with her applications to restore and change her status.  Make sure that application reaches Vegreville before those 90 days are up.

Very unlikely she will be issued a new TRV for Canada at the moment.  It's a risk you take if you apply via the Buffalo office and she does not have a visa to re-enter Canada.