American spouse overstayed by 1.5 months - anxious about re-entry

[confabulation]

Hello!

My husband overstayed in Canada by about a month and a half. He's American, I'm Canadian, we're (obviously) already married. We got married sooner (instead of next year) so we could start the immigration paperwork. He went back to the US so we could apply outland, but in order to do so we had to make his status legal. We won't have any approval forms or anything by the time he comes back.

Long story short: He'll have been in the US for two weeks when he attempts to come back through Port Angeles, WA. Is it likely he'll be denied entry? He has never been hassled at the border, not even a little bit. I'm a bit nervous because I'm pregnant and I don't want to be by myself for nine months.

 

[computergeek]

Well, he left voluntarily, so that counts in his favour. On the other hand, he overstayed, so that counts against him. The big question is whether or not he's flagged. If he is, then he is likely to be refused re-entry, in which case he can beg with them, show them evidence he's applied for PR (do you have sponsorship approval yet) and if that doesn't work he does have an option of requesting a TRP under "early admission" (See OP 20, "early admission" applies to cases such as yours where an application has been submitted and there are NO signs there will be any problems. The farther along the application, the easier it is for CBSA to allow him entry.)

If he's not flagged (which seems likely) then I don't expect he'll have a problem.

If he has a problem, I'd suggest you cross over, join up with him, and then vouch for him. If all else fails, explain exactly what you've told us - you're pregnant, you want him with you. Cry if you must - it's really hard for even a hardened CBSA officer to stand up to a pregnant woman in tears. There's NOTHING in the CIC or CBSA manuals about this, but as long as you can point her or him to sections that give him/her discretion to let your husband in, I'm betting you won't have any problems.

Since you're in BC, I'll also point out that your husband qualifies for MSP once you've submitted an application for PR: http://www.health.gov.bc.ca/msp/infoben/pdf/covering-a-spouse-or-child-who-is-an-applicant-for-permanent-resident-status-in-canada.pdf. This can be one of those points of relief when worrying about all the other things involved.

LOTS of people do exactly what you're talking about (spending time together while awaiting PR processing) so I wouldn't expect serious problems as long as you're prepared with the paperwork and a list of fallback options. This is at least because you'll feel confident and that will make you less nervous which actually means the CBSA officer will think you're just fine.

Good luck!

 

[confabulation]

You are so helpful! Haha. You responded to my last post, I think.

He has filled out and printed off all the paperwork he can right now, so he's going to bring that with him (some require my signature), he's made his appointment for fingerprinting and whatnot.

The plan now is that his dad and sister are also coming up for a day to visit, so hopefully that will be less dodgy to the border guys.

 

[Nanom]

I am sorry for posting on your question but I don't know how to post a question.. I just made this account so I am new here and I have a very important question that no one seems to know how to answer it and CIC won't answer
I am American and my husband is Canadian we are working on my papers from within Canada I read on immigration Canada that I should not leave Canada until I get my PR card or actually get accepted but I don't understand how I am not suppose to leave when I can only be here.for 6 months at a time. So my question is if I stay here until I get my answer do I get.into trouble for going over.my 6 months limit? And is it true I can't leave until I get an answer? I need help pleaseee !!

 

[computergeek]

I am American and my husband is Canadian we are working on my papers from within Canada I read on immigration Canada that I should not leave Canada until I get my PR card or actually get accepted but I don't understand how I am not suppose to leave when I can only be here.for 6 months at a time. So my question is if I stay here until I get my answer do I get.into trouble for going over.my 6 months limit? And is it true I can't leave until I get an answer? I need help pleaseee !!

New accounts have restrictions on them, so after you have posted 10 times you will find that you have options not previously available.

If you are filing INLAND (generally a bad idea for a US Citizen as it takes longer) the common wisdom is you must remain inside Canada. This is because if you leave and are refused re-entry into Canada, your application will become abandoned. The manuals discourage CBSA from doing this, but they CAN do it, so the "safe" thing is to say "don't do it." With an in process inland PR application you remain in Canada on "implied status".

If you are filing OUTLAND (generally a good idea for a US Citizen as it is faster) you can come and go from Canada. However, you do NOT have implied status, and thus must either leave or request that your status as visitor be extended (this can be done online). So long as you apply to extend your status BEFORE your current status expires, you can remain on "implied status". Of course, if you leave Canada, you give up visitor status and must ask for new status if you wish to return prior to being granted PR. The best thing to do when asking for extended visitor status or new visitor status with a PR application pending is to have proof - a sponsor approval letter or at least the receipt showing payment of the application fees.

Good luck!