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Pulling out my hair and husband is already bald

RobsLuv

Champion Member
Jul 14, 2008
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Ontario
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Buffalo
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Pre-Assessed..
App. Filed.......
Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.
Original:9May'07; Reprocess:7May'10
AOR Received.
Original:28Apr'07; Reprocess:26Apr'10
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Didn't read through everybody's replies because I'm at work, so this may have already been said - but you need to know that it is okay for you to apply outland, even while you intend to stay in Canada during processing. And normally applying to extend your temporary status from within Canada based on an outland PR application is not a problem. You do need to always include with the extension application proof of the legal marriage (like your marriage certificate), proof of the PR application in process, and proof that you have means of support (your husband's paystubs are okay for that). The other stuff they were telling you about them throwing out your PR application if you have to leave Canada is misleading - that would be if you were to apply inland and could never get back into Canada. If you apply outland, it doesn't matter where you are - your application would continue to process uninterrupted whether you were in Canada and went back to the States. The other part about you going to the border to get status restored will likely get you refused entry and sent back to the States - so don't do that.

I suspect that the you are right about the "nonsense" justification for refusing your extension. The real reason, I think, was because you had not yet submitted an application for PR. They extend spouses who demonstrate that they are moving on with the process of becoming permanent residents . . . they are not inclined to allow people to just languish here in Canada without getting their proper status. You've been married since July and in Canada since last April and, because the extension application is your process - not your Canadian's - and you did not demonstrate that your husband actually intends to apply to sponsor you, they have to start suspecting that maybe he doesn't actually intend to do so, or maybe you aren't even in relationship with him anymore. So they won't extend.

My suggestion would be that you immediately get an application for PR in process - at the very least pay the application fees (the $75 sponsorship fees and the $475 application fees) to prove intent - so that you can demonstrate that you are, in fact, being sponsored for permanent status and include that proof (as well as the rest) with a restoration application. Hopefully that will be approved - but if you apply for PR outland and it's not approved, at least you know that the application will continue to process if you have to go back to the States.
 
Apr 6, 2011
18
0
Vancouver
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
05-2011
Med's Done....
12-2010
Thank you RobsLuv. That's exactly what I intend to do. File restoration and PR app at the same time. I can't stand the thought of purposely misleading anyone at the border in order to get my way. I want to know that I did this legally and with every good intention possible. I don't want to be one of those immigrants everyone is constantly complaining about taking advantage of the system to get ahead. I love Canada and I want to be a good resident/citizen. I just want the people on the other end to be doing their jobs properly as well. There is no reason for them not to.
 
Apr 6, 2011
18
0
Vancouver
Category........
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Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
05-2011
Med's Done....
12-2010
I'm filling out this application for restoration again and I have a question that might be silly but I want to make sure that I have everything filled out properly. In the "My Family Members" section, should I include my husband and immediate family, or is this just intended for me and anyone I may have brought with me? Seems logical to me but I want to be sure.
 

QCSunshine

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Aug 25, 2010
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American_Woman said:
Thank you, That was the first link I read when I came here. lol Yes, I know the difference but since I've already sent the medical form as "inland" I do not want to pay for it again as being "outland"...I thought that perhaps instead of leaving and trying to re-enter, I could send the restoration application, along with my Spousal application as proof.
I just wanted to say that I did my medical exam and at the time I was intending on applying inland. I changed my mind though and submitted an outland application. And even though I switched, eCAS says my medical exam has been received. So it seems they can sort this out okay, even if you didn't say you were doing an outland application when you did your medical exam.
 

RobsLuv

Champion Member
Jul 14, 2008
1,838
127
124
Ontario
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.
Original:9May'07; Reprocess:7May'10
AOR Received.
Original:28Apr'07; Reprocess:26Apr'10
File Transfer...
n/a
Med's Request
Reprocessing:7May2010
Med's Done....
Jun2010
Interview........
n/a
Passport Req..
30Nov2010!!
VISA ISSUED...
31Dec2010!!
LANDED..........
31Jan2011
For the purposes of a temporary status application, your "family members" are any foreign national family members that you are also applying for status to stay. So, no, that wouldn't include your husband. As far as "immediate family", I don't know because I don't know what immediate family you're speaking of. Basically, it would be anyone who is not already a citizen or permanent resident of Canada who is with you in Canada and wanting to stay with you. So, for example, in my case it was me and my daughter. I have two sons, but they were in the States, so I was only applying to extend the status of my daughter and myself . . . not my sons, and not my Canadian husband or his children.
 

RobsLuv

Champion Member
Jul 14, 2008
1,838
127
124
Ontario
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.
Original:9May'07; Reprocess:7May'10
AOR Received.
Original:28Apr'07; Reprocess:26Apr'10
File Transfer...
n/a
Med's Request
Reprocessing:7May2010
Med's Done....
Jun2010
Interview........
n/a
Passport Req..
30Nov2010!!
VISA ISSUED...
31Dec2010!!
LANDED..........
31Jan2011
QCSunshine said:
I just wanted to say that I did my medical exam and at the time I was intending on applying inland. I changed my mind though and submitted an outland application. And even though I switched, eCAS says my medical exam has been received. So it seems they can sort this out okay, even if you didn't say you were doing an outland application when you did your medical exam.
Yes, this is true. Our medical exams were also done in Canada and at the time we thought we were going to apply inland. Afterwards we changed our plans and decided to do an outland ap through Buffalo and they had no problem retrieving our results from the Ottawa RMC.
 
Apr 6, 2011
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0
Vancouver
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Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
05-2011
Med's Done....
12-2010
That is interesting that you say that. I was told that once I submitted the medical exam I could not change my application status. If it is true that I can, then perhaps I should consider applying from outside. Would I then need to leave the country anyway?
 

Material

Hero Member
Feb 16, 2011
346
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American_Woman said:
That is interesting that you say that. I was told that once I submitted the medical exam I could not change my application status. If it is true that I can, then perhaps I should consider applying from outside. Would I then need to leave the country anyway?
No u wont need to leave the country unless they ask for an interview to prove your marriage is real than u would have to leave and you would send the restoration app indicating that you have and outland app in process Im not sure though if they deny it.
 
Apr 6, 2011
18
0
Vancouver
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
05-2011
Med's Done....
12-2010
Material said:
No u wont need to leave the country unless they ask for an interview to prove your marriage is real than u would have to leave and you would send the restoration app indicating that you have and outland app in process Im not sure though if they deny it.
Or, can I just go to Blaine for a day of shopping and then come back into Canada with proof of an outland ap and come back in so I won't have to file the restoration?
 

Material

Hero Member
Feb 16, 2011
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American_Woman said:
Or, can I just go to Blaine for a day of shopping and then come back into Canada with proof of an outland ap and come back in so I won't have to file the restoration?
There is no garantee that the IO at the border will let you through , it all depends on the IO because he might think that you might not leave if your app is refused thats when he would look for reasons to deny your entry.

Reasons like:

1.No ties to your home country ( job , house ...etc)
2.No medical insurance for the period that your going to stay in Canada ( this is rare)
3.Plus they might look at the fact that you have been living here for a while now which will also draw attention to you not leaving if the app is denied.

On the other hand you might be lucky and you might get an IO that will let you in without all of this happening.
 
Apr 6, 2011
18
0
Vancouver
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
05-2011
Med's Done....
12-2010
Material said:
There is no garantee that the IO at the border will let you through , it all depends on the IO because he might think that you might not leave if your app is refused thats when he would look for reasons to deny your entry.

Reasons like:

1.No ties to your home country ( job , house ...etc)
2.No medical insurance for the period stayed in Canada ( this is rare)
3.Plus they might look at the fact that you have been living here for a while now which will also draw attention to you not leaving if the app is denied.

On the other hand you might be lucky and you might get an IO that will let you in without all of this happening.
I have friends and family in Washington that I would like to be able to visit while this process is going on. I was hoping that if my husband was with me to vouch for me as a Canadian and we had proof of the application, and marriage, etc they wouldn't hassle us. :/
 

Material

Hero Member
Feb 16, 2011
346
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American_Woman said:
I have friends and family in Washington that I would like to be able to visit while this process is going on. I was hoping that if my husband was with me to vouch for me as a Canadian and we had proof of the application, and marriage, etc they wouldn't hassle us. :/
You never know :( .I know its a tough decision your going through I wish I could help but everything is possible all the outcomes are possible so its up to u on weighing the outcomes and being prepared for them however they turn out (sure hope they turn out in your favour) and based on this you would make the decision.
 
Apr 6, 2011
18
0
Vancouver
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
05-2011
Med's Done....
12-2010
hehe Yeah I know anything is possible. I know that here in Vancouver, tons of Americans and Canadians go back and forth everyday either for work or fun. Just find it a little odd that they would keep me out for wanting to become a legal canadian. haha
 

Material

Hero Member
Feb 16, 2011
346
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American_Woman said:
I know that here in Vancouver, tons of Americans and Canadians go back and forth everyday either for work or fun. Just find it a little odd that they would keep me out for wanting to become a legal canadian. haha
I know :) :) weird eh ? oh well it is what it is............
 
Apr 6, 2011
18
0
Vancouver
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
05-2011
Med's Done....
12-2010
To be honest with you, I've had a harder time going back to the US. The border guards there are REALLY suspicious of everything you say. I wouldn't have expected that being a citizen. It's kind of insulting but I guess it means they take their jobs seriously. haha