-IMPORTANT- In need of information!

[Andrew91]

Hello everyone. My wife and I are just finished filling out our application for Permanent Residence Status. (I am the applicant, and she is a Citizen of Canada.) And we hit and unfortunate snag. My Visitors Visa expires on January 6th. We have the application for the Visa Extension all filled out but over looked one major detail. We didn't get our Stamped Receipt due to lack of knowledge. Unfortunately we just came into the information on how to today, but our 30 day deadline to apply is in 2 days, and we have to wait two weeks for the stamp. So it seems I have to return home for a while and return to Canada before we can actually apply.

My major question I need answered is this: Is it possible to cross the boarder, and then immediately cross back to save expenses? Or do I have to wait in America for a bit before I return? Also is there any possible wiggle room for applying for my extension? Or is it the 30 days prior and nothing more.

I want to feel hopeful that because I only need the Stamped Receipt it may be possible, yet I understand these things just have there way of working. Any information at all would be a great help.

 

[scylla]

You can try a border run but there's no guarantee Canada will let you back in as a visitor. So this route carries some risk.

As long as you submit the extension application before your current visitor visa expires - you will be fine. The 30 days is a best practice.

 

[Andrew91]

You can try a border run but there's no guarantee Canada will let you back in as a visitor. So this route carries some risk.

As long as you submit the extension application before your current visitor visa expires - you will be fine. The 30 days is a best practice.

Oh thanks so much for the reply! Hearing that is giving me some relief! Just one more question and I think that is all I will need. If we send in the application and my current visa expires before we get approved/rejected, what do I do? Would I stay in Canada till I receive an answer? Or would I still head back to the states?

My first thought would be to stay in Canada since they would be replying to my wife's address. But of course any info would be helpful.

-EDIT- I have also read that it is possible to make and account on the CIC website and pay the fee with credit card to receive the receipt. Do I have that right or do I have to get the IMM 5401 sent to me? Whatever is the faster method is ideal.

 

[Ponga]

Hi,

You didn't say which `application' you submitted, but...did you submit an application for PR under the spousal sponsorship class?
If yes, did you submit an Inland application along with an Open Work Permit application (OWP)??

If so, you *can* remain in Canada until your wife is approved as your sponsor (this is Stage 1 approval which takes ~ 11months).
You would technically be out-of-status, but there's a public policy that allows the applicant to stay in Canada, regardless of their status...until your sponsor receives
AIP (Approval In Principle, or Stage 1). If you applied for an OWP simultaneously, you would likely (but not 100% guarantee) receive it shortly after AIP.

If you filed an Inland application you are technically supposed to remain in Canada anyway for the entire process, since if you leave and are refused re-entry, your entire application is toast!

 

[Andrew91]

Hi,

You didn't say which `application' you submitted, but...did you submit an application for PR under the spousal sponsorship class?
If yes, did you submit an Inland application along with an Open Work Permit application (OWP)??

If so, you *can* remain in Canada until your wife is approved as your sponsor (this is Stage 1 approval which takes ~ 11months).
You would technically be out-of-status, but there's a public policy that allows the applicant to stay in Canada, regardless of their status...until your sponsor receives
AIP (Approval In Principle, or Stage 1). If you applied for an OWP simultaneously, you would likely (but not 100% guarantee) receive it shortly after AIP.

If you filed an Inland application you are technically supposed to remain in Canada anyway for the entire process, since if you leave and are refused re-entry, your entire application is toast!

Ah I see. Yes we are going to be sending in the application for PR status under spousal sponsorship, and yes it is inland. I didn't know that I would be able to stay in the country regardless of the situation if my application is processing, but now that I think about it, it makes sense if they would require I don't leave the country. We went ahead and sent in a visitors visa extension application anyway just to be on the safe side though. Thanks for your information!

-EDIT- I noticed your post was asking to which application I was submitting. We just submitted an application to extend my stay as a visitor and I was worried of whether or not I would have to leave the country if my visitors visa expires before I get a reply about my visitors extension. I am no longer worried about that happening however because we managed to send in the extension application on time. So I am confident I will at least have a reply before I am due to leave the country. However I now understand if I send out my PR application by that time it would be wise to stay in the country regardless.