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Cindo and Joe

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Posts posted by Cindo and Joe

  1. I'll say again, ask over at www.roadtocanada.com There are folks there MUCH more experienced with the intricacies of Canadian Immigration and visitor records. Most of them have gone thru it already. Canuck Abroad is for Canadians travelling elsehwhere in the world, and Visa Journey is for people immigrating to the US, not Canada.

    Just a suggestion. ;)

    I did that already- my last post was the response I had gotten on RoadToCanada for the same question. Seems I'm getting even more responses on the topic here on VJ than I am over there! Why not take advantage of the extra knowledge just to be sure! Thanks,

    -Joe

  2. Well, this was the response I got over at RoadToCanada....and it makes sense based upon my unique entries/exits. If anyone has the time to read it, I would appreciate. Thanks!

    It seems way too soon to be filing for any extension of your current status. Foremost, your current time to stay in Canada appears to be six months from March 28th, or until late September (27th or 28th; not sure how the "six months work -- I never cut it that close). That is, unless they specifically gave you an earlier must leave by date (and then that is what controls) upon your last entry. Again, it looks like you can stay here until late September on your current status.

    If so, technically you should apply for the extension 30 days prior to that date (so late August), but practically so long as you apply prior to, say, September 25th (be certain to use a courier service, sent in time to deliver by that date, and keep the record of that so that you have something to show implied status until you receive a decision), you are okay.

    If (or when) you leave prior to that date, how long you can stay in Canada on your next trip will be either six months from the date you then enter, or the specific date they give you if they give you a VR at the border (VRs can be brief, a couple months, and as jonesg11 and others have reported, up to a year).

    If you apply for or receive an extension of your current status, and you leave, the extension will be of no effect. A VR does not authorize re-entry. You leave, it has no official effect. (It is in your record and will pop up on their computer when your name is put in, such as any time you attempt to enter Canada after that, and may influence how they process you, which could be either positive or negative depending on a lot of other factors.)

    In particular, then, if you have never been given a Visitor's Record (VR), applying for one now (if an extension is granted, that's what they give you, a Visitor's Record) will put you into the system with notations about the VR that will come up every time your name is put into the computer upon seeking entry to Canada. Forever, unless it is archived (which it usually is not, as I understand it).

    You can ask for any period of time. Again, what they give varies. I asked for a year once, got about additional seven months. We were married at the time but had not yet submitted the application for PR.

    Unless you are anticipating some reason why they will not allow you to re-enter if you leave (and any reason for that may also be a reason to deny an extension of visitor status), practically the best way to get more time is to leave and come back -- it is not that an American's status automatically renews for six months upon leaving, it is that unless they specify some other time period, an American is allowed to stay/visit (no work, no school, etc.) for six months from the date of entry, no matter how often or for how long the American has previously visited Canada (though the latter may affect what they do at the border, ranging from admonitions to allowing less time or even refusing entry if they believe you are "living" in Canada).

    Your idea of the reasons for seeking the extension are sketchy, but the reports (for Americans) seem to indicate it is pretty easy to get a first extension up to a total time of one year (that is, an additional six months) so long as there is sufficient showing of (1) means of support while in Canada, (2) means of transport home to the States, and (3) no hint of an intent to "live" in Canada or work in Canada.

  3. Ok great, thanks Tracy! I'm getting a lot more responses on this message board for this topic than I am over at RoadToCanada.com!

    I plan to fill out the extension application tomorrow, but still need to know:

    Do you guys think it would be safe to say that my reason for needing an extension is that I have met a girlfriend here and we are currently in the process of planning our wedding here in Canada for August/September? (That is the truth).

    I would like to have the extension regardless if we decide to stay here or move to the U.S.

    Also i've checked processing times for the extensions and they are currently at 90 days. Some say chances are you won't even get the response back from the government until 180 days, (however I don't have to leave the country before I get the response). If this is true, by the time they would even be able to reject my extension I would have been given enough time to figure out what we need to do.

  4. Currently, you have neither. Americans do not need a visa to visit Canada, and only have a visitor "record" if you specifically ask for it at the POE when you enter.

    Thank you Reba! This is what i've been trying to figure out! They didn't even stamp my passport when I flew back into Canada from our trip to Cancun.

    Now that I know this- what worries or steps should I take in order to be sure not to get into any trouble with overstaying? We just need more time to figure out where we want to get married, and where we will end up living. It's either Montreal or Los Angeles!

  5. For information about Canadian Immigration policies see http://roadtocanada.com

    This site is for US immigration.

    I am trying to figure out whether or not we are going to be immigrating to the U.S., and from what it seems there are people in here that probably know the answer to this question. Going on Road To Canada as well... thanks! :)

    I'm confused - are you a USC or Canadian? Do you want a visitors visa extension for Canada or the US?

    My mistake for not posting that. I am a U.S. Citizen, wondering if I need a Canadian visitor visa extension.

  6. November 28th, 2008 - I came to Montreal, Canada on a Greyhound

    January 12th 2009 - Crossed the border to the U.S. on a bus for Bruins/Canadiens game in Boston

    January 14th 2009 - Came back to Montreal, Canada

    March 21st 2009 - Flew from Montreal, Canada to Cancun, Mexico for vacation

    March 28th 2009 - Flew back to Montreal, Canada

    Currently still here and very confused as to when my visitor visa expires!

    I've heard from some that it automatically renews on the new year, heard from others that it renews immediatley when leaving the country, heard from others it lasts 6 months regardless of the year, etc. etc.

    I've looked into filing an extension on the visitor visa and the process seems VERY easy. I just don't know if i'm required to do so at this point? I would just like to have some more time to figure out where and when we would like to get married.

    Also noticed on the Visitor Visa Extension form there is an area that asks how much longer I'm requesting to stay for.... what is the longest I can ask for!?

    It also asks what my reasons are for extending... are there any reasons that would make them reject the extension?

    Also asking how much money I have access to.... what is required???

  7. Hey thanks everyone for your responses! We still might just go for a quick consultation just to hear what someone has to say- but we are more than willing to talk to any of you on here that have been through the process.

    Anyone in here knowledgeable on the topic speak French? It would be great for my girl since it is her 1st language! Thanks!

  8. Hey everyone,

    I'm wondering if any of you could reccommend any good immigration lawyers in the Montreal area?

    My girlfriend (who I plan on marrying) would feel better if we went through a consultation for our options with a hired professional. Someone who is knowledgeable in both immigrating to the U.S. and also immigrating to Canada.

    Thanks!

    -Joe

  9. I believe I am closer to figuring out which visa process to take-

    From the page I found, it says it only takes 35 days to become a Permanent Resident via Spousal Visa (IMM 5289) in CANADA... I'm assuming that after that is processed I can start working legally in Canada? Could someone please clarify because that seems very fast!!! Here is the link:

    http://www.cic.gc.ca/english/information/t...asp#sponsorship

    This would be the ideal route, because having permanent residence in Canada myself we could then file for a DCF in order for us to go back to the states which seems to be the most convenient.

    If not that, from what I've been reading the CR-1 seems to be the most hassle-free way to go (not having to deal with the USCIS for 2 years). Although I've heard conflictingopinions- some say that the couple is forced to seperate, some people have said you can stay together throughout the process.

  10. I think the best option for us is to outline the exact process of immigration for both countries first, weigh the pros and cons of both- THEN make the decision. So first I will start by theoretically making the move to the U.S.

    I looked into the DCF option, however after reading the guide here on VJ- i noticed this note: A US Citizen living overseas that wishes to complete the I-864 Affidavit of Support for their spouse (as part of the DCF process to get an Immigrant Visa) will be required to have a US home/domicile to qualify as a Sponsor for the I-864.. And, as another member stated- It might not be possible to apply for DCF while I am in Canada on a Visitor Visa.

    I am stuck on either the K-1 or the K-3.... we don't care if we get married here in Canada or in the U.S.

    K-3 seems pretty convenient, from what I've read it makes it much easier for her to go back and forth to Canada for visitation with that visa.

    Has anybody been in the same boat deciding whether to go for the K-1 or K-3?

    Thanks!

  11. Hey everyone, first post here. :)

    This website is awesome, there is so much information! However, that is why I am posting- because there are so many options I don't know where to start.

    Our situation is this:

    -I am a U.S. citizen from California, met a lovely Canadian from Montreal while traveling in Portugal October '08. We stayed together in Portugal for 3 weeks immediately after we met. Then left back to our own countries.

    -As soon as I came back to the U.S. in November '08 I took a trip to visit her. We fell in love and I never left, so I'm still here in Canada.

    -In this time, we have left Canada together on 2 occassions- one to the U.S. in January for a quick visit, and once to Mexico in March for a vacation. Since I've left Canada visitor visa is going to expire soon (read that it is possible to have an extension on this?)

    -We have recently decided to get married, and wish to do so in the quickest/easiest way possible.

    -She has a stable job here at the moment, with a job offer in the U.S. if she gets a green card. I also have a job offer here in Canada if I can get a work permit, but also a job offer in the U.S. if we decide to go back. We both have job offers in both countries our dilemma is only one of us can work legally, for both countries at the moment.

    We don't care what country we have to get married in or stay, we just want to be together and work legally.

    What would you say is the best option for us to remain together throughout this process?

    I've read the following for if we decide to go the U.S.

    1. apply for the K-1, go to the U.S. and get married?

    2. get married here and then try to go to the U.S. on a K-3?

    3. visit the U.S. and adjust status (I hear this is shady, and run the risk of deportation).

    4. get a lawyer to handle all of this...I think would cost about $3,000 USD?

    If someone could point me in the right direction it sure would help establishing a starting point!

    Thank you, and congratulations to those who have made it!

    -Joe

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