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I think you just told yourself the answer, using this vehicle asa forum.

Wait for the domestic situation t be resolved: wed; apply. Until then, use this as the gathering. Collect all you can to prove this is not a marriage of convenience.

You can do this if it's the right thing to do. But it takes an eon of effort and what seems like a lifetime of waiting. Good luck to you both but, never forget, if as you said there were, with children involved their well-being is put first in any mature and healthy adult relationship.

Good luck to you, her,and the children.
 
mallock said:
Still haven't answered the question

what to do at the border?

Hi,

Was the visitor record given to you in March of 2008? And did you leave on August of 2009 after being given the visitor record?
 
Yes they gave me the visitor record in March of 08 which was for three months, it expired in May of 08 but i was told since I had an active work visa application it was legal for me to remain there, they closed it in October of 08, we tried to find work and explore our options then at the end of August 09 I returned to the states

All I'm wondering is if this will effect my visit
 
mallock said:
Yes they gave me the visitor record in March of 08 which was for three months, it expired in May of 08 but i was told since I had an active work visa application it was legal for me to remain there, they closed it in October of 08, we tried to find work and explore our options then at the end of August 09 I returned to the states

All I'm wondering is if this will effect my visit


I think you were given a wrong advice. You should have extended your stay as a visitor while waiting for the change of status to that of a worker. But you can not undo that now. And you also left a trail of the overstay with your application. The officers at the border may deny you entry because of this overstay. Another member suggested having your girlfriend's lawyer ask for a subpoena so you have legal reason to be in Canada. This might work but they may also issue a Visitor Record again which puts a "cap" on your allowed stay.