Hey everyone.
I've done my best to sift through forum posts, so please accept my apology for asking a question answered elsewhere.
The gist of our problem is this; my fiance is a US citizen and she has overstayed her 90 day grace period to refile and is currently without status. CIC says she has to leave Canada and her re-entry is entirely up to the officer at the border crossing. CIC refuses to give any further information with regards to what we need to do or can expect when she tries to re-enter. BIS will not answer any immigration questions either.
Of course, our biggest fear would be that we try to flagpole and she is denied access. We haven't received any removal order, but her status expired Aug. 19 of this year and we need to decide a course of action before we receive an order, hopefully showing our efforts to get back on track.
We also want to get married. We would be already, but we had only been together a short time before she entered Canada, and immigration said marrying that soon might raise some red flags. We applied for an extension to her visitor pass last March on the advice of a private immigration firm, and were told again that marrying before we were even common law would raise red flags with immigration. Well the red flags are up now with no status and we're both ready to move forward with our lives.
That said, can we get married in Canada and would I be then able to sponsor her as a spouse, or does she still need to leave and return to Canada?
If that's so, how should we present ourselves at the border to prove that we are trustworthy and made an honest mistake by not filing within the 90 period?
She isn't coming in as a visitor, and she isn't going to work or be a student either, so what will we say she's coming in as?
Truthfully, I have ton more questions to ask, but primarily we need to know what to expect at the border if she tries to re-enter. Is it really up to crossing officer? If so, I hope he's having a great day before we get there.
I've done my best to sift through forum posts, so please accept my apology for asking a question answered elsewhere.
The gist of our problem is this; my fiance is a US citizen and she has overstayed her 90 day grace period to refile and is currently without status. CIC says she has to leave Canada and her re-entry is entirely up to the officer at the border crossing. CIC refuses to give any further information with regards to what we need to do or can expect when she tries to re-enter. BIS will not answer any immigration questions either.
Of course, our biggest fear would be that we try to flagpole and she is denied access. We haven't received any removal order, but her status expired Aug. 19 of this year and we need to decide a course of action before we receive an order, hopefully showing our efforts to get back on track.
We also want to get married. We would be already, but we had only been together a short time before she entered Canada, and immigration said marrying that soon might raise some red flags. We applied for an extension to her visitor pass last March on the advice of a private immigration firm, and were told again that marrying before we were even common law would raise red flags with immigration. Well the red flags are up now with no status and we're both ready to move forward with our lives.
That said, can we get married in Canada and would I be then able to sponsor her as a spouse, or does she still need to leave and return to Canada?
If that's so, how should we present ourselves at the border to prove that we are trustworthy and made an honest mistake by not filing within the 90 period?
She isn't coming in as a visitor, and she isn't going to work or be a student either, so what will we say she's coming in as?
Truthfully, I have ton more questions to ask, but primarily we need to know what to expect at the border if she tries to re-enter. Is it really up to crossing officer? If so, I hope he's having a great day before we get there.