I need help please read

[DragonVixen]

Ok here's my story I came to canada last year in December and was told I was to leave the country by January 3 or something like that but the reason I came up is to marry my now common law husband and when I crossed the border I knew I didn't need a visa for a 6 month stay and that's what I asked for and what I and my children planned for and when I came across they were with me...but due to some financial issues I had to send them back to the states in september...but that's not the reason I'm writing here trying to get help...unfortunately the hubby and I have not been able to get married due to him not having his photo id...and I have been here since December 2014 so a year later of living and telling everyone we are husband and wife would have us considered common law which is what we needed in order to apply for status but the other day I had border patrol at my door and now I'm being issued an exclusion order and told because I overstayed that i am barred from the country for a year, the border people also said that i am not able to appeal their desicion because i am an overstay. Is there any way around this is there anything we can do so I don't have to leave my husband? I am waiting for them to sign off on the order and tell me when I have to leave atm...I'm so lost and everyday is torture waiting for the phone to ring dreading answering it. Please can anyone help me am I able to try for the humanitarian and compassion application. We would have started the application a long time ago but unfortunately my husband lost his well paying job and we have been scrapping by but are not using any government help no food stamps or money for unemployment even. So right now funding to do the app is not there until maybe February when I can do taxes from my last usa job. So any kind of help would be amazing and thank you in advance.

 

[DragonVixen]

I know it was wrong to stay longer but I didn't even know I could try and extend my time from the January 2015 date. I didn't stay for any other reason then love I have been with my husband for over 2 yrs thru an online long distance relationship. We were tired of the distance. Without him having his I'd this was the only other way to show we are a devoted loving couple without a marriage certificate.

 

[Ponga]

Unfortunately, you wouldn't qualify for an H&C application...and I'm sorry to say that you will likely have to leave Canada.

If you have now met the one full year of cohabiting to qualify for Common-law sponsorship, and have ample proof to include, you can submit an Outland application. Even though you will not be allowed to remain in Canada, the application will still be processed. To help, financially, you can defer the $490 RPRF until a later date, but you'd need at least $550 to be paid when you submit the application. This would not include the fees for your children, if you plan to move them to Canada as well.

If/when you are issued the order to leave Canada, you MUST comply, because if you do not...it will be even worse.



Good luck and remember...This too shall pass!

 

[scylla]

Unfortunately the reasons why you overstayed don't matter and it was your responsibility to keep your status in Canada legal.

As Ponga said, you need to comply with the exclusion order and leave Canada for a year. Your common law partner can sponsor you for PR while you are outside of Canada. The PR application won't override the exclusion order. So once you leave, you will be outside of Canada and unable to return for a year.