looking for advice regarding expiring visa and application

[pxe10k]

Hi there

I would like some advice on what to do on this situation if possible, basically my (now) wife is from the US and im canadian citizen, she came here to canada (ontario) on the 3th of October 2011 (stamped on passport), we got married in Ontario during october, she spent the next months been here with me to see if we like it here more or to go live in the US, we decided we wanted to stay here, now we started looking over at the papers and everything else but now her visa is about to expire (will be 6months in about 2-3 weeks) and i am not sure what the best approach for us to stay together, so what options do i have?

I was thinking for her to go back for 2 weeks or so and come back but i am worried she would be denied coming back in?
Also i am not sure how will that work with the papers if we do inland since we want to stay together and not have to deal with another long distance time frame.

Thanks for the help

 

[sakamath]

Is your wife a US citizen? If so, then need not worry about denying entry back to Canada (if she goes back to US). US is a visa-exempt country and its citizens and green-card holders can enter Canada without the need for a visa.

Most people on the forum agree that outland application for sponsoring a spouse is way faster than an inland application. A lot of them apply outland but stay 'in Canada' during this process.

See if it is possible for your wife to extend her stay beyond six months. It may be possible to do it online. Visit these links:
Online extension
http://www.cic.gc.ca/english/e-services/extend-visit.asp

Guide to extend stay
http://www.cic.gc.ca/english/visit/extend-stay.asp

 

[computergeek]

At the present time (it's in the process of changing,) the US does not report back to Canada when someone exits Canada and enters the US. Thus, if she goes back to the US and then returns, Canada won't even know if she's been gone for an hour or five months. Note that if she has a visitor record, she's supposed to surrender it upon exiting (you can actually give it to the US agent and it will be returned to Canada). But most of the time they don't issue visitor records.

The rules between the US and Canada are unique (something about a long history of a pretty much open border. 1% actively controlled, 24% patrolled, 75% basically wide open.) It wasn't that long ago you didn't need to do anything to move between the countries.

 

[sakamath]

It wasn't that long ago you didn't need to do anything to move between the countries.

Even now, you don't need to do anything to move between US and Canada, as long as you have a valid passport or an enhanced driver's license. These documents are required only to confirm your identity and not for stamping or visas etc.

 

[pxe10k]

At the present time (it's in the process of changing,) the US does not report back to Canada when someone exits Canada and enters the US. Thus, if she goes back to the US and then returns, Canada won't even know if she's been gone for an hour or five months.

So she won't be stopped or denied entry if she goes back let say next week to see her family and returns 2 weeks later?
Also what does she say if they ask her what are you doing?

 

[computergeek]

So she won't be stopped or denied entry if she goes back let say next week to see her family and returns 2 weeks later?
Also what does she say if they ask her what are you doing?

Well that's a pretty strong guarantee. She COULD be stopped and denied entry into Canada, but it's not very likely.

The strongest story is for her to be able to show substantial ties to the US - a job, home, etc. If she no longer has those things, then the next best thing would be to say "I married a Canadian and the PR application is in process." Show them the receipt for payment (you can pay that now, even if the application isn't done) and a copy of the application (or draft application.)

At that point the border officer can do one of two things: grant your wife a visitor record good for some period of time (a common outcome in such cases) or deny your wife entry into Canada (uncommon, but within the border officer's discretion.) If denied entry, the officer should advise your wife WHY. Regardless what the reason is for inadmissibility, as a US Citizen she has the unique opportunity to apply for a "Temporary Resident Permit" on H&C grounds. "Married with PR application in process" is a category that is spelled out as being a permissible case. At a major POE there will be supervisors who have been trained in handling exactly such cases. All those materials I just mentioned would then form the basis for the H&C. It's discretionary, but it IS an option.

Something else for her to consider: apply for Nexus. It's $50, it takes a couple of weeks to get approval. Once approved, she can schedule a Nexus interview. If the interview is in Canada, she can use that as her reason for the trip "I have a Nexus interview so I scheduled it to allow me to visit my Canadian husband at the same time while we're waiting for my PR application to be approved." Absolutely true.

Nexus is a pre-cleared traveler program. Assuming your wife has no issues (criminal inadmissibility issues being the big one) she will be approved by both governments. Having a Nexus interview letter with her means someone inside Canada has already vetted her and determined she is a law abiding citizen and doesn't break the rules. A BO CAN refuse her at that point, but that's really unlikely.

The best part of Nexus is that once you have it, you self-clear immigration at the airport. It lowers stress since the border officer isn't going to be asking questions (they CAN, but in dozens of crossings I've had someone ask me questions once.)

 

[pxe10k]

and what if she just stays here now, do i have to get an extended visa ? (i plan to mail the inland papers next month, unless i change mind and go outland)

 

[NBaker]

She could stay now, but you are cutting it pretty tight to have the application reviewed for an extension which is supposed to be submitted a minimum of a month prior to the status ending.

If you send in an out of Canada application, which is faster, and provide evidence that it has been submitted when seeking re-entry to Canada, your wife could be put on a visitor record, provided she can prove to the officer at the port of entry that she will leave if her application is refused and at the end of the visitor record validity.

If at any point there is any misrepresentation of facts this could come back to haunt you and you can't want that. Bear in mind the current climate related to marriages of convenience and so on.

You have been presented with a number of options in these posts. Now you need to choose the one that stands you both in the best position to be approved and landed in the future.

Some have suggested that there is no way to know is someone has departed/returned. I strongly encourage you not to rely on this a an absolute when making your decision on the next steps you choose to make.

Get your applications going asap!

 

[computergeek]

Some have suggested that there is no way to know is someone has departed/returned. I strongly encourage you not to rely on this a an absolute when making your decision on the next steps you choose to make.

I have to agree 100% on this. I would NEVER suggest that she lie - if a border officer asks if she has overstayed previously and she has, she must be truthful.

While it is currently true that the US does not report back to Canada when a US citizen enters the US (and thus exits Canada) this IS in the process of changing and there are often other ways for them to establish when you left (e.g., airline records.)

Don't risk it - have her take that trip to the US. Get your application submitted. Then have her come back.