Overstayed Visit help?

[saddlepatch]

I have a very interesting situation that I need help on. Ive been trying to avoid posting questions online just because I don't wanna get anyone in trouble, but I see a few similar situations posted on here so let me start from the beginning and I've tried emailing multiple immigration places and volunteer lines, but no one will respond or tell me what to do

My (now) wife came up to Canada to visit and for us to marry (Since same sex is not allowed in her state) last October. What happened is in that, what was suppose to be 2 week time, her parents found out about the marriage and pretty much disowned her, leaving her with no home to go back to (They said she was not welcomed back into their home) and her friends are all in college and did not have the means to take her on. I knew very little about how long americans can stay in Canada as visitors and only armed with the knowledge of a former friend who had her boyfriend stay up here from the states for a few years, I thought it would be fine. However now I come to find out that in fact, we are doing this all wrong and we need to start doing things right but we have no idea how to go about this or if all is in vain.

She has been here for a year now. Has not worked illegally or anything. Her passport was never stamped or scanned, just skimmed over (it took less than 30 seconds actually, very odd but thats besides the point). We came in her car, so I know they ran her plate in the system but that car actually did not survive much longer than a month after her arrival and has been on blocks in my mom's friends shop (the drive from her state to Canada killed it). So her car is her only registered link to having entered to Canada I suppose.

We got married eventually in July, since we decided since her parents didn't want her home, that we would see how things would work out living together first to make sure we were indeed ready to get married (since again at the time, we thought she would be okay to stay here as long as she likes as long as shes not working or anything). It was after that we found out we did things wrong. Shes still here, and terribly home sick and wants to visit but we just are scared to risk it and need guidance and a push in the RIGHT direction.

We want to stay together if possible, but we want to do things right and not be forced apart forever or for months at a time We're debating whether I am going to the US instead or if she should process here. We are currently saving funds for either or. I guess the only good thing from this is, we have prove that we've lived under the same roof for a year just not in the right way.

My question I guess is, how badly did we mess things up? What should we do now? Is her chances of becoming a resident of Canada lost because she overstayed her welcome I guess you can say, even though she was never port stamped? Is it more worth it for me to go the other way or will it effect things either way? She really has no where to go currently, although things are better with her parents they have no desire to welcome a lesbian into their home and she lost a lot of friends once most found out she was a lesbian, so I'm her only source of income and security but shes frustrated cause she can't work or anything. We're both over 21, just an FYI.

I want to avoid getting a lawyer if possible, but will I have no choice but to get one cause of the situation?

We're both very stressed and just need a push in the right direction? Help?

 

[scylla]

Luckily Canada forgives overstays when it comes to sponsoring a spouse/partner. You should submit a sponsorship application as soon as you can. If your spouse wants to be able to visit the US, then you should pick the outland / outside of Canada process (rather than inland). And yes - you can certainly do this without a lawyer. Note that if she does leave Canada to visit the US, there is never a guarantee she will be allowed back into Canada. So be aware of this risk if she leaves. If she wants to work before her PR status is granted, then she will have to find an employer who is willing to offer her a job. That employer will then have to prove that no Canadian could be hired for the role and get something called an approved Labour Market Opinion. She will then be able to apply for a work permit. It can be quite difficult to find employers will to go through this process - but by all means give it a try.

I would also recommend that you re-read the answers to your questions that were posted a year ago in the link below. There is some good information here (including the fact that your spouse is only allowed to visit for six months without an extension). Probably would be a good idea to refresh yourself on the suggestions that have already been provided for your case.

http://www.canadavisa.com/canada-immigration-discussion-board/same-sex-couple-american-marrying-a-canadian-t120182.0.html;msg1787877#msg1787877

Also, your questions really belong in the Family Sponsorship section of this forum - not the Visitor section. I would recommend that you post there going forward to make sure you get many responses / recommendations.

Good luck.

 

[saddlepatch]

Thanks so much! I'll repost this in the right section and get further help.

I know I posted on here awhile a go, but I wanted a clear slate and I didn't feel I was so clear last time anyways.

But this makes me feel better than we wont get arrested or charged or something for a misunderstanding and from what you're saying, we're okay to apply while she is still here? Should we just apply for outland then and I guess I should be the one to go over to the states and get that set up or can I just called from Canada to a place and get that done? Not sure how you go about that.

From my understanding, all I have to do is print the application out, get the medical exam done (Which I should be able to do here in Canada for her right? I have no problem paying the price for it) and the photos, submit it and wait? Or am I missing something? (And if so please do let me know, we just wanna get this started sooner than later)

 

[Robert Martin]

Hi, I am in the kind of sort of situation, anyway that's bot the point, the point is that I talked to a lawyer and he said that the status of the spouse does not matter he/she can be even illegal in canada as long as youre married they cant separate you she ahould apply gor an extension visa or you should start the sponsorship process as soon as possible. And on the gouvermont of canada says that if the visitor is married to a canadian citizen it should be okay...at least that's what I know check their site!

 

[Robert Martin]

If you guys do decide to go to america and come back could you please let me know here or on private message if everything was ok and if she was allowed to re-enter canada because I am married to a canadian citizen and want to visit america but everyone says it is a risk of not being able to re-enter...thank's

 

[sunny2710]

Hi, I am in the kind of sort of situation, anyway that's bot the point, the point is that I talked to a lawyer and he said that the status of the spouse does not matter he/she can be even illegal in canada as long as youre married they cant separate you


they can not seperate and deport when you are married ? I thought as a foreigner beeing married to a canadien citizen doas not allow you automaticly that you can stay in canada ?

 

[scylla]

they can not seperate and deport when you are married ? I thought as a foreigner beeing married to a canadien citizen doas not allow you automaticly that you can stay in canada ?

No - being married to a Canadian citizen does not allow you to automatically stay in Canada. You can certainly still be separated / deported even if you are married to a Canadian citizen.

 

[Robert Martin]

You might be right I am not completely sure but this is what it says on the gouvernment site

Becoming a permanent resident of Canada

To stay in Canada as a permanent resident, you must leave the country and apply from outside Canada, except in the special cases listed below. To become a permanent resident, you must meet Canada's immigration requirements.

You can apply to become a permanent resident from inside Canada if you:

are a refugee or a protected person,
are a spouse or common-law partner of a Canadian citizen or permanent resident,
are a live-in caregiver,
hold a valid temporary residence permit or
are applying under the Canadian Experience Class.

Find more information about becoming a permanent resident.

 

[Marie Lee]

saddlepatch, what ended up happening to your situation? my friend and her gf are in similar situation.