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jmanup85

Member
Apr 29, 2018
14
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I am about to apply for permanent residency and my wife is sponsoring me. My visitor status is over and I got denied my extension and was denied a restoration of status because they said I could not fulfill their criteria and I'm from the US. I plan to go with my wife to NYC for a couple of weeks and then come back to reset my status. Should I take my residency receipt and paperwork to explain the situation if I need to? Or should I just tell them I'mm visiting?
 
I am about to apply for permanent residency and my wife is sponsoring me. My visitor status is over and I got denied my extension and was denied a restoration of status because they said I could not fulfill their criteria and I'm from the US. I plan to go with my wife to NYC for a couple of weeks and then come back to reset my status. Should I take my residency receipt and paperwork to explain the situation if I need to? Or should I just tell them I'mm visiting?

I would wait until you return to Canada before you submit the application just in case you have any issues re-entering.

Yes - you can bring the evidence you've suggested with you. However I wouldn't bring this information out unless you have to and the CBSA officer starts questioning you about your intentions for coming to Canada.
 
I would wait until you return to Canada before you submit the application just in case you have any issues re-entering.

Yes - you can bring the evidence you've suggested with you. However I wouldn't bring this information out unless you have to and the CBSA officer starts questioning you about your intentions for coming to Canada.

Thanks a lot for the response. One other question I have is should I even bother going for a couple of weeks or should I just cross and come back in a few hours? The reasons I wouldn't want to stay for a couple of weeks is simply because my wife has some very important appointments she cannot miss and I don't want to be away from her too long.
 
Thanks a lot for the response. One other question I have is should I even bother going for a couple of weeks or should I just cross and come back in a few hours? The reasons I wouldn't want to stay for a couple of weeks is simply because my wife has some very important appointments she cannot miss and I don't want to be away from her too long.

Exactly how long have you been in Canada without status?
 
Unfortunately crossing the border doesn’t guarantee that you can come back. Your record of extension refusal will be on your file.
 
I figured but I also will show I’m going to be a resident here and hopefully I can explain that I couldn’t apply earlier because we had to help her family with all our savings and they just paid us back
 
It is qui
I figured but I also will show I’m going to be a resident here and hopefully I can explain that I couldn’t apply earlier because we had to help her family with all our savings and they just paid us back

Border agents don’t care if you will eventually be a PR. Did you apply inland?
 
It is qui


Border agents don’t care if you will eventually be a PR. Did you apply inland?

We paid the fees this week and printed the receipts but we haven’t sent in the forms yet since they advised me to have valid status. The forms are pretty much complete.
 
We paid the fees this week and printed the receipts but we haven’t sent in the forms yet since they advised me to have valid status. The forms are pretty much complete.

So you haven’t applied for sponsorship yet.
 
Me and the wife are so worried. Any ideas or suggestions or anything? All we say at night is we don’t wanna be apart from each other.
 
The problem with leaving to reset your status is that there's a possibility that you might not be allowed back in. And that possibility is not small because your extension was already denied - meaning they've already determined that you are a risk for overstaying.
Did your extension refusal letter include anything about being able to request an extension again? If so you can try again.
If you absolutely need to stay in Canada with your wife for the duration of the sponsorship process the only guaranteed option you have is to stay here and apply for sponsorship immediately, knowing that you will not be eligible for the open work permit any time soon (6m to 1y+) and that you will not be able to leave until you are granted that permit.