Hello everyone, Me and my girlfriend need some questions answered.
Background
In December 07 I went down to Virginia, picked up my girlfriend of 6 months from online, and we drove back to the Canadian border with all her things. Now what I was told, by the CIC call center itself, was that we could just tell the border she was staying for a few months, and then apply for an extension of the stay later on. However, what we weren't told was that she couldn't bring all of her possessions, and that she had to prove she could support herself financially. I was planning on supporting her financial needs, but that wasn't allowed. So the border decided to give her a one year ban from Canada. Oh boy...
Now she was planning on going to school in Canada, and we knew she needed a visa for that, but the CIC call center, again in its infinite wisdom told us that it would be easier to apply for a study permit from WITHIN Canada. So thats why we came to the border the way we did. It was allot of confusion, and I dont think the ban is justified, but we cant change it now. So anyway the border tells us the only way she will get into Canada before the ban is over, is to get a student visa, and a pardon from the embassy for the ban. So of course, since she already planned on going to school, we jumped on the opportunity and applied for the student visa.
So here we are today, and we have gotten a denial letter for her student visa. The only reason we were given is that they believe she wont leave Canada at the end of her studies. I emailed them and the refuse to discuss it, stating it is a "closed case". Some customer service I get for giving them $125 of my hard earned dollars.
So now we are back to square one, out of ALLOT of money, and without many options. We really want to be together. We were planning on getting married once she got to Canada, to make it easier for my family to attend, but now we are thinking about getting married in the US so that we can apply for a family class visa, with me sponsoring her as my spouse. As far as I can tell, this is the only path we have left for her to live in Canada with me, and unfortunately one that will take about another year for her to get here. If anyone knows any other paths we have available, I would like to hear about them also.
Ok so, there are a few questions we have.
First, will her ban, or her refused student permit affect her family class application in any way? Her ban will expire as the new application is being processed, so by the time she gets the visa, she will be able to cross the border again.
Second, Will the fact that we will have gotten married days before we submitted the visa application affect the visa officers decision at all? I know we are *allowed* to do it, but will the officer see it as suspicious? We truly do love each other, and were already planning on getting married. Also the wedding we are planning will only be a small one at town hall, because we are planning on renewing our vows in Canada so we can still have a large wedding with all of my family. So any pictures we send will show a very small private wedding, again will that make the officer suspicious?
Third, I am a student in college, and after all of the trouble with the border, and having to pay for an apartment for my girlfriend in NY all these months, I barely have the money to support myself. Will this come into consideration at all? I dont belive it matters correct?
Fourth, I am receiving OSAP, which is a no-interest student loan from the Ontario Government. Is this considered by them to be social assistance? It IS money I HAVE to pay back, its not like I get to keep it. I need to know if this is considered by them as social assistance. The border said it that it WAS social assistance, and it was used as a factor in my girlfriends ban. I know that to be a sponsor I cannot be on social assistance, so I need to know if this counts.
I think that is everything I need to know for now, but I'm sure more questions will arise soon. Also if anyone has any suggestions or pointers on a route we should take other than a family sponsorship, that would be great. Our intentions are genuine, we simply love each other and want to be together. We have just made some unfortunate mistakes due to mis-information. Oh also, does anyone know of any way that I, as a Canadian citizen, could live in the US legally for many months and commute to Canada each day for school? The border says its technically legal for six months, but I would most likely get banned from the US.
Thank you so much for any help you can provide. It is greatly appreciated!
Background
In December 07 I went down to Virginia, picked up my girlfriend of 6 months from online, and we drove back to the Canadian border with all her things. Now what I was told, by the CIC call center itself, was that we could just tell the border she was staying for a few months, and then apply for an extension of the stay later on. However, what we weren't told was that she couldn't bring all of her possessions, and that she had to prove she could support herself financially. I was planning on supporting her financial needs, but that wasn't allowed. So the border decided to give her a one year ban from Canada. Oh boy...
Now she was planning on going to school in Canada, and we knew she needed a visa for that, but the CIC call center, again in its infinite wisdom told us that it would be easier to apply for a study permit from WITHIN Canada. So thats why we came to the border the way we did. It was allot of confusion, and I dont think the ban is justified, but we cant change it now. So anyway the border tells us the only way she will get into Canada before the ban is over, is to get a student visa, and a pardon from the embassy for the ban. So of course, since she already planned on going to school, we jumped on the opportunity and applied for the student visa.
So here we are today, and we have gotten a denial letter for her student visa. The only reason we were given is that they believe she wont leave Canada at the end of her studies. I emailed them and the refuse to discuss it, stating it is a "closed case". Some customer service I get for giving them $125 of my hard earned dollars.
So now we are back to square one, out of ALLOT of money, and without many options. We really want to be together. We were planning on getting married once she got to Canada, to make it easier for my family to attend, but now we are thinking about getting married in the US so that we can apply for a family class visa, with me sponsoring her as my spouse. As far as I can tell, this is the only path we have left for her to live in Canada with me, and unfortunately one that will take about another year for her to get here. If anyone knows any other paths we have available, I would like to hear about them also.
Ok so, there are a few questions we have.
First, will her ban, or her refused student permit affect her family class application in any way? Her ban will expire as the new application is being processed, so by the time she gets the visa, she will be able to cross the border again.
Second, Will the fact that we will have gotten married days before we submitted the visa application affect the visa officers decision at all? I know we are *allowed* to do it, but will the officer see it as suspicious? We truly do love each other, and were already planning on getting married. Also the wedding we are planning will only be a small one at town hall, because we are planning on renewing our vows in Canada so we can still have a large wedding with all of my family. So any pictures we send will show a very small private wedding, again will that make the officer suspicious?
Third, I am a student in college, and after all of the trouble with the border, and having to pay for an apartment for my girlfriend in NY all these months, I barely have the money to support myself. Will this come into consideration at all? I dont belive it matters correct?
Fourth, I am receiving OSAP, which is a no-interest student loan from the Ontario Government. Is this considered by them to be social assistance? It IS money I HAVE to pay back, its not like I get to keep it. I need to know if this is considered by them as social assistance. The border said it that it WAS social assistance, and it was used as a factor in my girlfriends ban. I know that to be a sponsor I cannot be on social assistance, so I need to know if this counts.
I think that is everything I need to know for now, but I'm sure more questions will arise soon. Also if anyone has any suggestions or pointers on a route we should take other than a family sponsorship, that would be great. Our intentions are genuine, we simply love each other and want to be together. We have just made some unfortunate mistakes due to mis-information. Oh also, does anyone know of any way that I, as a Canadian citizen, could live in the US legally for many months and commute to Canada each day for school? The border says its technically legal for six months, but I would most likely get banned from the US.
Thank you so much for any help you can provide. It is greatly appreciated!