Hello, well we filed outland PR for my wife about 3 weeks ago. We plan on visiting her family on mothersday. So my question is she has over stayed her 6 months will she have issues coming back into canada when we return on our application we stated she lived in canada with me will this be a problem?
If she overstayed and is out of status, then yes, that could very definitely be a problem when she tries to re-enter Canada. If they realise she overstayed before, and it's on file that she plans to become a PR, it's quite possible they could refuse her entry as she is not a genuine temporary resident.
You're in a minefield here and by far the safest thing to do (assuming you want to stay in Canada together) is to not leave until her PR application is finalised, and it's time for her to land. Unfortunately that may mean missing mothers day with her mother this year, but unless mothers day is so important that you're quite prepared for her to be denied re-entry into Canada, I'd say maybe just go with a long phone call this year.
well the thing is she never had status as she was waved in at the border so they have no record of her being here.Also to add to this we have 5 kids 4 were born in the us and one born here since they are citizens and very young 8 5 4 2 newborn would that decrease her chances of being denied .
I suppose if they didn't scan her passport before, and have no record of her having overstayed, she's in a similar situation to someone else with a PR application in process wanting to visit Canada. If you're both together at the border, and you do the talking - explain that you've sponsored her and you're waiting for the PR application to be processed and want her to visit while you're waiting, there is a reasonable chance they'll let her in. There is a chance they won't though, and it's always a risk if you get an IO having a bad day. Robsluv would be a good person to give you more of the down-low on US citizen's entering Canada with an app in progress.
Sounds like if you are traveling together; if you are accompanying her, you and her are not likely to have a problem. No guarantees, of course, but once she has left Canada with no enforcement proceedings ever having been brought for removal, the previous overstay is almost irrelevant.
And just because you put her Canadian address as where she is "living" on the PR forms does not translate into any definitive showing of an overstay. An officer scrutinizing the PR app may infer it, but it is not something that will pop up noticeably at the POE.
It is always possible to encounter an IO having a bad day, and things going awry, but so long as from now on your attitude is that she is staying with you in Canada pending the outcome of the PR app -- that is, that she has dual intent, intent to be visiting while applying to stay -- and there are no other disabilities (such as inadmissibility), really should not be problematic. The PR app in process shows intent to properly comply with the immigration rules and regs.