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JayL88

Newbie
Oct 23, 2009
2
0
my girlfriend came to canada from the US on augest 10th of this year, customs stapled a peice of paper to her passport saying she could stay 2 weeks (i think its called a visitors visa) and that she had to be gone by the 27th of augest, around the 28th we called a number on the back of the paper that was stapled to her passport and an automated voice thing said she had 90 days to get an application to extend the visitation, we didnt get it cuz we didnt have the $275 it would have cost to get the application (or to file it, whatever the cost is for) so i guess as of the 28th of augest she technically became an illegal alien, on october 20th of this year we got married, im a canadian citizen, so we are now married but that 90 days given to extend the visitation is running out very soon, it could be anywhere from november 7th till the 28th i think, so were worried that even tho were married that she can still be deported, were just basicly scared that 1 day very soon there will be a knock on the door and shell be taken away and wont be allowed back, im pretty sure what has to be done is i have to sponser her but im unemployed right now and im pretty sure u need an income to do so and then after the sponsership well need to get her canadian permanant residence but none of that can really be done till we get the marrige certificate but u have to wait 90 days to get the marriage certificate and iim afraid we dont have the 90 days, that wouldnt be till mid to late january 2010 and like i said that 90 days for visitation thing is done anytime in november but ive never heard of any1 being deported after being in another country for only 3 and a half months, u hear of most poeple being finally deported after a year or years, basicly what im afraid of is that because we did nothing that we now dont have the time to do what needs to be done cuz nothing can really be done till we get the marrige certificate i think but like i said u gotta wait 90 days to get it and were worried we dont have 90 days, i think were lucky if we have a month but i dunno, could be longer, i dunno how fast immigration works at coming to get ppl, any advice or just anything would be greatly appriciated, thank you
 
What city do you live? I presume your wife is a US citizen? Can she exit and reenter maybe after a week? Typically they give US passport holders a 6 months validity. Not sure why you got only 2 weeks.

Now for the sponsoring part: You do not need to have an income for sposnoring the spouse. However, I have seen them asking questions about the income. Maybe some experts on this forum can answer you more in detail. You can still choose between inland and outland and for most part for US citizen its much faster if you chose outland.
 
So cannot she go back to US and then try reentering again using US passport and indicate to the CBSA folks that she is visiting Canada? She might get a 6 month entry now. That might buy you a lot more time to take care of immigration stuff.
 
She can apply for restoration and an extension (like before) and the cost remains the same, $275, if you want her to remain with you. And you can apply to sponsor her via inland or outland route. Or she can try to cross the border and re-enter Canada explaining that you are applying to sponsor her. However, without proof of an application in process, they may deny her entry.

Spousal sponsorships are income exempt. You can not be in receipt of social assistance or have an undischarged bankruptcy in order to be eligible to sponsor her.