Can I be sponsored on a visitor visa? Do I need to extend my stay?

[mssophia]

I'm from the US and my fiance is a Canadian Citizen. We want to marry and live in Canada. Since I live in the US I can go to Canada as a tourist and legally stay for 6 months. My first question is... Can I go just as a visitor and be married and apply for inland sponsorship within those 6 months and be able to stay? Or do I need to apply to extend my stay? And if I do have to extend my stay when should I send that in and what papers do I need to submit along with that?

Also, can I send in my OPW along with our inland application.

If I go as a tourist and we get married and stay while we submit the application, does that count as "living with spouse in Canada"?

I know that inland applications take longer, but we want to be sure I can stay in Canada with him the whole time the application is being processed. But we also want to be sure that we are doing things correctly. I don't want to be deported or something like that go wrong. How can I maintain legal status while we're waiting for the inland application to be processed. I'm hoping somebody will answer who is going through a similar situation. Also, is the inland sponsorship the only application we need to fill out? or do I also need to fill out a PR application too? I was confused about that. Thank you!

 

[scylla]

Yes - you can apply as a visitor. Apply outland - not inland. Inland is an absolutely horrible way to go for Americans. You could be entirely done in as little as 4-5 months if you go outland. If you apply inland, you won't reach first stage approval (where you get the open work permit) until the 14 month mark. Again, apply outland. Please believe us when we say you will hate your life if you apply inland. We have seen more than enough Americans here who went inland and then spent the better part of 2 years regretting it (at least one called it "the worst decision of his life").

 

[mssophia]

If I apply outland can I still live in Canada with my Husband? Will I still have to apply for a extended stay?

 

[scylla]

Yes - you can remain with your husband in Canada as a visitor (technically neither the inland nor outland options allow you to actually "live" in Canada). Yes - you will have to continue to apply to extend your stay.

 

[mssophia]

Also, If I applied outland, would I have to travel back to the states for any interviews or anything? How would the paperwork be handled? Sorry for all the questions.. it is a forum right?

 

[mssophia]

I guess I'm worried about not being granted extended stay and having to go back to the US and then they won't let me come back to Canada. Is that even a possibility? Like I said it's vital that I'm able to be with my husband the entire time.

 

[scylla]

Very few Americans have to attend interviews. So it's unlikely this will happen to you.

If you explain that you have sumbitted an outland application and include proof, you should have no issues extending your stay in Canada.

 

[mssophia]

Ok. Let's say I did have to go to an interview, would me and my husband be able to travel together to the interview and we would have no trouble coming back to Canada? or would they not let me back? or would the proof of extended stay in Canada be proof to let me come back? or would I lost the extended stay granted if I were to leave Canada?

 

[scylla]

If you are asked to attend an interview then only you will have to attend. Your husband won't be obligated to come with you.

Your extension is lost as soon as you leave Canada. When you re-enter, you will be assessed by immigration again.

Nothing can guarantee you will be allowed back into Canada. However there are many things you can do to increase your chances and it's quite unlikely you would be refused.

Again, I want to reiterate that it will be a huge mistake to apply inland. Please do think this through very carefully.

 

[mssophia]

Ok the outland does sound like it would be the better route. When we apply, is the outland application package the only forms we need to fill out? Or would I also need to fill out Permanent Resident forms along with an extended stay application?

 

[mssophia]

Just so I'm understanding this process clearly... Whether we applied inland or outland neither give me the right to stay in Canada while being processed UNLESS I apply for extended stay. The downside of outland is I could possibly have an interview and would have to leave Canada and there would be no guarantee they would let me come back until the applcation is approved, but on the upside it could go a lot quicker. Now for the inland I wouldn't be able to leave Canada until my application is complete and that could take years, but I would have to maintain legal status on my own. Just because I have an application being processed doesn't give me the right to stay. UNLESS I had a work permit that let me stay but those could take up to 14 months I think you said? and I would on my own have to maintain legal status until that time. Does that pretty much sum it all up?

 

[Msafiri]

You are best to head over to the family sponsorship section of the forum where there will be all the detail you need with visitors undergoing a similar experience/process...I second the apply 'outland' route.