Need advice with implied status

[liveforfuture]

Hello everyone. Right now, my husband and I are waiting for the FBI to send finger print criminal check. We just got back from Buffalo last night and my husband got a temporary visa that expires at the end of this month. We want to know how we should extend our visa, if we do it through the mail, it'll take 90 days and we would get an implied status, and if we do it online, it will take 30 days and we run the risk of not getting him extended. we need advice about what to do, our wedding ceremony is on March 21st also. Id appreciate any help

 

[rhcohen2014]

if he's from the us and you can show proof of your plans to apply for pr, it is very unlikely he will be denied an extension. you will want to apply online. even though it says 30 days, i think people get responses quicker. he will have implied status until he hears.

if you plan to get married in march, why does he only have an entry pass for 1 month? i'm confused why he didn't ask to stay at least through the wedding date, as it's not that far away and wouldn't be a huge concern for cbsa?

 

[BeShoo]

Most likely he only got one month because the border people are not confident that he will really apply for PR. When you send for the extension, they'll have time to assess the situation more carefully and will likely give six months if they're satisfied with the situation. He won't be denied, unless there's something you're not telling us.

I'm assuming that he is an American citizen and is thus visa-exempt. In that case, he probably has a visitor record rather than a visa.

 

[liveforfuture]

Sorry I didn't say that he's been at my house since October 1st. He got a visitor record that expired end of November then they never gave him anything until this month

 

[rhcohen2014]

Sorry I didn't say that he's been at my house since October 1st. He got a visitor record that expired end of November then they never gave him anything until this month

if the visitor's record expired at the end of november, then he is technically out of status if he hasn't applied for an extension yet. if this is so, then he will need to apply for a restoration of status before 90 days from the date his visitor's record expired AND apply to extend his stay as a visitor. it's his responsiblity to keep himself in status. it's not cbsa or cic's responsiblity to tell him he has to do it. i am confused as to what you are looking to do. did he get anything that allowed him to stay beyond november? what do you mean by "they never gave him anything until this month"? to me, that implies he received something this month that extended his status.

 

[Ponga]

Since the OP stated that "We just got back from Buffalo last night", that tells me that the issue with his status after November has now been resolved, since he successfully re-entered Canada with a 30 day visitor record (likely).

If he was issued a visitor record, I have no idea if that can be extended, since he needs to notify CBSA of his departure from Canada in 30 days, right?

 

[rhcohen2014]

Since the OP stated that "We just got back from Buffalo last night", tells me that the issue with his status after November has now been resolved, since he successfully re-entered Canada with a 30 day visitor record (likely).

If he was issued a visitor record, I have no idea if that can be extended, since he needs to notify CBSA of his departure from Canada in 30 days, right?

not all visitor's records require the person to notify cbsa of their departure. it will be stipulated on the actual record.

thanks for clarifying... i was getting so confused! so i guess, if he just re-entered, the old visitor's record is now voided, and he is now a visitor for 6 months. if he did not receive a visitor's record or a stamp in his passport with an exit date written, then it's safe to assume the OP's husband does not have to do anything about his status until his 6 months is almost complete. at that point, if he hasn't been approved for PR yet, THEN he needs to extend his stay as a visitor.

 

[Ponga]

not all visitor's records require the person to notify cbsa of their departure. it will be stipulated on the actual record.

thanks for clarifying... i was getting so confused! so i guess, if he just re-entered, the old visitor's record is now voided, and he is now a visitor for 6 months. if he did not receive a visitor's record or a stamp in his passport with an exit date written, then it's safe to assume the OP's husband does not have to do anything about his status until his 6 months is almost complete. at that point, if he hasn't been approved for PR yet, THEN he needs to extend his stay as a visitor.

Since she said that he received a temporary visa that expires at the end of this month, I thought that he had more than a simple stamp in his passport. Who knows.

 

[BeShoo]

so i guess, if he just re-entered, the old visitor's record is now voided, and he is now a visitor for 6 months. if he did not receive a visitor's record or a stamp in his passport with an exit date written, then it's safe to assume the OP's husband does not have to do anything about his status until his 6 months is almost complete.

We have travelled to the U.S. and back two or three times a year for the last two years with a Visitor Record (VR) in my partner's passport. Each time, they unfold it and look at it, see that it's still valid and hand it back. There is no evidence that re-entering voids a VR that's currently in place. It does say, "Does not authorize re-entry," but this merely means that the VR does not give you the right to re-enter. What it does do is tell you by what date you have to be out.

I called the CBSA help desk yesterday to ask whether my partner re-entering with a VR in his passport last month gave him permission for six months from the new date of entry, since his VR expires today. While entry points to Canada deal with "customs and immigration" questions, she was only prepared to discuss customs questions, but did tell me that visitors can only stay in Canada for 6 months out of every year. So, she said, if they've already been in Canada for 4 months, their next visit can only be two months. We sent off our extension request today electronically, so he should be on implied status until we get a reply from that extension.

This is our sixth request for extension. Hopefully, we will get a reply on the PR application very soon.

 

[liveforfuture]

Ill clarify. My husband didn't apply for extension at the end of november, but we re entered canada and they didn't give him a time limit to get out. but when we reentered again a week ago, they gave him that temp visa until the end of january, they want us to apply to PR by then but it depends on the FBI. does anyone know how long that usually takes?

 

[BeShoo]

... but when we reentered again a week ago, they gave him that temp visa until the end of january, they want us to apply to PR by then but it depends on the FBI. does anyone know how long that usually takes?

It varies, depending how busy the FBI is. We mailed our application to the FBI on July 14 this year, they issued the certificate on August 15 and we received it in the mail September 9. At one time, they were taking up to 14 weeks, but it seems to have been better lately.

I would recommend that you get that application together as soon as you possibly can. It can take a lot of time to get it all put together. Include a note saying that you have applied for the police certificate and you are waiting for a reply. If you have a mailing receipt or something like that, you could include that, too. They are not likely to object to this because the first stage is sponsorship approval anyway, and they don't look at the FBI record for that. They will check to make sure you didn't forget anything, but if you've included an explanation for why the FBI report is not included, that should be fine.