Visitor Visa Overstay

[baysbaw 8]

Hello all,

First of all sorry if we posted this in the wrong section. We're desperate for some advice.

Here's a little background info on our situation. I am an American citizen. My wife is a Canadian citizen. We eloped in April of this year. We have a child together who is almost two years old. She is a Canadian citizen and we have not yet filed our CRBA for her American citizenship. My wife is pregnant with our second child and she is due at the end of the month.

I entered Canada on December 17, 2015 with my passport card. This might be my 10th trip to Canada and I usually have no issues traveling across the border. Everything I've checked online leads me to believe I have now overstayed my visitor visa and may have problems re-entering Canada. Every trip I've taken up here in the past has been less than 3 months on average.

My desire it to continue to be able to travel freely to/from Canada/US and to eventually bring my wife and children to the US to live with me. I'm not sure if I should go back to the US and re-enter Canada before the baby is born or just stay here. I need to be here for the birth of our second child. Is it too late to apply for an extension?

If anymore information is necessary for advice or recommendations from the community here I am happy to provide it.

Please help!

[canadian_wife 1,791]

So you are in Canada now? What makes you think you've overstayed?

Canadians do not travel on a visa. Typically we are admitted under a B classification but do not actually travel on a visa. This classification generally allows (unless otherwise told - did you have something written or stapled into your passport on your last crossing?) 180 days within Canada I believe.

Have you started filing for the U.S. spousal visa?

Good luck

[baysbaw 8]

So you are in Canada now? What makes you think you've overstayed?

Canadians do not travel on a visa. Typically we are admitted under a B classification but do not actually travel on a visa. This classification generally allows (unless otherwise told - did you have something written or stapled into your passport on your last crossing?) 180 days within Canada I believe.

Have you started filing for the U.S. spousal visa?

Good luck

Yes I am in Canada now. The official Canadian immigration/visitation website says that even when visitors don't have a stamp in their passport they are only allowed to stay 6 months.

I have a passport card. There are no stamps/written statements anywhere on it. It's basically an ID card that allows travel by land/sea.

We have not submitted any visa paperwork but we have started collecting information for it.

Thank you.

[canadian_wife 1,791]

So how long have you been in Canada for?

Good luck

[NikLR 13,220]

Apply for an extension.

File for the CRBA for both children. Start the process for either inland Canadian residency or for a US spousal visa. Pick one and go.

[Missmatalini 6]

Just apply for an extension, should be $100 * might have changed since it's been over a year since I've had one since I'm a Canadian PR now*

Usually you can request the length of it (I asked for 18 months as an extension and it was granted)

Still need to know how long you've been in Canada though...assuming it's more than six months you might need to flagpole instead - which is risky cause they could deny you re-entry

Also I don't recommend going Inland if you choose to stay in Canada.

You can apply Outland, while in Canada. It's quicker.

[NikLR 13,220]

Outland is faster but may not enable him to provide for his family since inland you can get a work permit in about 6 months I believe.

[baysbaw 8]

Sorry for the late reply. I've been in Canada since December 17, 2015 so 184 days.

[Missmatalini 6]

Outland is faster but may not enable him to provide for his family since inland you can get a work permit in about 6 months I believe.

It's kind of a gamble honestly.

I've seen Outland applicants processed and completed with residency in as little as 4 months for those coming from the USA. I received mine in 9.

I know someone doing an Inland right now, it's been a year and they are still waiting for a work permit.

AND not to mention with Inland, you can't leave Canada without the risk of your application being thrown out.

Irrelevant to U.S immigration so there isn't a point to discussing it (There's a super helpful Canadian Immigration Forum if you do find that is where you'll stay, I used it and it was so helpful)

Best of luck to you!

Edited June 19, 2016 by missmatalini

[NikLR 13,220]

Current timelines say Outland is 15 months. Inland is 26 months.

http://www.cic.gc.ca/english/information/times/index.asp

I've seen both as low as 4 months. When my husband petitioned for me to move to the USA in 2012, it was 6 months for inland. We chose the USA because he had a better job than me and he had VA benefits (like no down payment on a house.)

Since this is the Canada forum, and the OP is in Canada at the moment, it is relevant to the conversation. Road to Canada is a great website for moving to Canada though, so should the OP decide to go that route they should.

ANYHOW, the only route to US residency currently is the CR1. I suggest highly reading up on sponsorship and domicile. Montreal is very strict on domicile.

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

http://www.visajourney.com/content/i130guide1

[Missmatalini 6]

Current timelines say Outland is 15 months. Inland is 26 months.

http://www.cic.gc.ca/english/information/times/index.asp

I've seen both as low as 4 months. When my husband petitioned for me to move to the USA in 2012, it was 6 months for inland. We chose the USA because he had a better job than me and he had VA benefits (like no down payment on a house.)

Since this is the Canada forum, and the OP is in Canada at the moment, it is relevant to the conversation. Road to Canada is a great website for moving to Canada though, so should the OP decide to go that route they should.

ANYHOW, the only route to US residency currently is the CR1. I suggest highly reading up on sponsorship and domicile. Montreal is very strict on domicile.

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

http://www.visajourney.com/content/i130guide1

I didn't intend on my response to you to come off snarky. I apologize if it did.

Timelines given by CIC aren't the best to go by necessarily, it's better to look at spreadsheets set up based on where you are immigrating from.... Wait time according to CIC when my husband and I applied was 32 months. Like I said previously, I got it in 9.

I've never heard of Road to Canada, I specifically used the Canada Visa forum, was a great resource.

I've lived in Canada now for 3 years, and am applying to sponsor my Canadian Husband in January. Excited to finally move back home.

Best of luck to all of you.

Edited June 19, 2016 by missmatalini

[NikLR 13,220]

And you as well.