I am an American citizen currently in Canada on a visitor record that is due to expire on December 20th. I found out literally 3 days ago that I am pregnant with my boyfriends baby. We had plans to get married and he wanted to sponser me to come up, but with this news thrust upon us it is becoming very important that we act quickly now. We want to get married and get the application process started but we are nearing the end of my alotted time. We have been advised by someone that it would be a good idea to get the sponsership show on the road asap to avoid some serious headaches in the future but what we want to know is...
1) If I apply for an extension this late, am I allowed to stay here while we wait to hear back even if it goes over my original time limit?
2) If we can get married in the nearest city hall as soon as possible and start the application process, once that gets sent in, am I allowed to stay in Canada while it is processing even if my extension was denied, or would I have to fly back home?
Also, I was denied entry to Canada once before for not having a return ticket. I have of course been let into Canada since then with little issues. At the time we were very new to everything and did not have all the appropriate information, and now my good name might be tainted with immigration. The officer said that it should not affect my chances assuming we go about everything in the proper ways, but I am still wary.
Worst case scenario is...I have to go back to the states to have this baby, and we have a lot more red tape to deal with to get us both up here.
What would be our best course of action from here? If we apply for an extension before we are married, how can we prove to them that we ARE going to be doing all of this asap since I am pregnant? Is the fact that I am pregnant going to hurt me at all during any of this?
Thank you for your time...
neptunesguns Wrote:I am an American citizen currently in Canada on a visitor record that is due to expire on December 20th. I found out literally 3 days ago that I am pregnant with my boyfriends baby. We had plans to get married and he wanted to sponser me to come up, but with this news thrust upon us it is becoming very important that we act quickly now. We want to get married and get the application process started but we are nearing the end of my alotted time. We have been advised by someone that it would be a good idea to get the sponsership show on the road asap to avoid some serious headaches in the future but what we want to know is...
1) If I apply for an extension this late, am I allowed to stay here while we wait to hear back even if it goes over my original time limit?
Your
extension application needs to be received by CPC-Vegreville before your current VR expires. You can send it by courier - be sure you track the delivery and get signature confirmation that it was received. That becomes, if you need it, proof of your "implied status" to remain in Canada until they make a decision - currently about 104 days. That's the good news!
neptunesguns Wrote:2) If we can get married in the nearest city hall as soon as possible and start the application process, once that gets sent in, am I allowed to stay in Canada while it is processing even if my extension was denied, or would I have to fly back home?
If you were denied, you'd be obligated to leave - and right now you're not yet a qualified PR applicant, so any extension ap would be refused. Problem #1 is that you'll have to get married, get proof of the marriage, pay the immigration fees ($550) and get all that to CIC BEFORE your VR expires on the 20th - and that's a tall order. If you managed it all, it's likely the extension would be approved . . . but then there are other considerations.
neptunesguns Wrote:Also, I was denied entry to Canada once before for not having a return ticket. I have of course been let into Canada since then with little issues. At the time we were very new to everything and did not have all the appropriate information, and now my good name might be tainted with immigration. The officer said that it should not affect my chances assuming we go about everything in the proper ways, but I am still wary.
Nope, won't adversely affect anything.
neptunesguns Wrote:Worst case scenario is...I have to go back to the states to have this baby, and we have a lot more red tape to deal with to get us both up here.
What would be our best course of action from here? If we apply for an extension before we are married, how can we prove to them that we ARE going to be doing all of this asap since I am pregnant? Is the fact that I am pregnant going to hurt me at all during any of this?
Thank you for your time...
OK, we've addressed a bit of this . . . you shouldn't waste time and money applying for extension before you're married. Chances of it being approved are slim to none - in spite (and maybe even especially because of) the pregnancy. Also, do not make the mistake of thinking that anyone at the border will take "pity" on you and allow you to remain in Canada with the father of your child simply because you're pregnant. They could be cruel enough to actually do the opposite - the pregnancy does not make you an eligible PR applicant. Only marriage (or having already established a common-law relationship by cohabitating continuously for at least one year) will do that. But all that aside - the most serious issue is what happens if you do get extended status because you're not going to be able to complete your immigration medical examination now - not until at least your third trimester - because it requires an x-ray that can be harmful to the baby. So probably the hugest consideration to all of this is that even if you do get an extension, you're not going to be able to get PR status until probably sometime after the baby is born - which means no access to public healthcare and no ability to work or go to school or anything for the next 9-12 months. Don't know what your healthcare options are in the States at this point but I'm sure I don't have to tell you how important pre-natal care is. Having endured the stress of a stalled PR application myself, while being stuck in Canada with no life to speak of (and NOT going through it pregnant at the same time), I can testify to the fact that it's VERY stressful both emotionally and financially. You're in a tough spot.
All my best - and please come back if you have more questions.
Ditto all robsluv said.
Small distinction: you do not need the marriage certificate to apply for the app to extend.
You can, and should, be married prior to applying for the extension (or as robsluv said, odds are it will be denied and you'll have to leave, and then . . . ) but once you are married your partner can and should submit a letter with your app to extend, verifying the marriage and vouching for your support while in Canada and vouching for providing means to return home if and when that becomes necessary. No need to submit a marriage certificate at this time. You can also pay the PR app fees up front and send a copy of the receipt to show that there is an intent to follow through and properly seek PR status.
Otherwise, again, what robsluv said.
Yes, all of the above. I wanted to add that we submitted my now wife's visitor extension the day after we got married and put right on the application that we were married and I was going to be sponsoring her for PR, when the extension came back they gave us only 4 months and said further extensions would only be granted with proof that we had applied for PR.
Ditto to sponge362, almost exactly. We submitted my husband's extension within days of getting married, put on the application that we were married and I would be sponsoring him for PR, I wrote a letter to say I would be supporting him while he was in Canada, and we included a copy of the certificate signed by the marriage commissioner (not the official marriage certificate) with a note that we would supply a copy of the official marriage certificate when it was available. I sent that copy to them within a few weeks. We also paid the $550 immigration fees online and included a copy of the receipt.
They gave him 6 months from the time the application was submitted, but seeing as how it took over 3 months for them to process it, he had less than 3 months from the time he got word back. They said that any further extensions would require proof of a PR application. He had to apply for a second extension, with proof of his PR application in process. He hasn't heard anything on the second extension yet, but will probably have PR before it goes through (just waiting for the passport request at this time).
We applied for extension with certified marriage certificate (online/paid for speedier delivery by courier/had it within two weeks), but had not yet paid PR fees. Letters of intent to sponsor and file for PR and from mom and dad with place to live. One year extension. No mention of proof of PR, although I would expect that should we have to extend again.
I was in almost this exact same situation a few months ago.
My husband and I made the decision to get married in August, but unfortunately my VR was due to expire before the wedding. I also sent my extension app in late, with less than the 30 recommended days before my visit was up. Even though we were NOT married yet, I stated in my application that we had the intention of getting married and applying for my PR immediately afterwards. I included a copy of our Marriage License showing the date/place it was to take place and the receipt for the license - that was it!
VERY shortly after the wedding (September) we found out we were pregnant. This was something we were extremely worried about because we weren't sure I would be approved for the extension. Worst case scenario I would go back to the States for a bit and try to re-enter once we had the application sent in. Fortunately I received the extension last week and I have been approved to stay through Nov 2010. Now, I don't if other factors played into this decision...perhaps the fact that we had visited each other every week for a year and a half straight, or that we had a previous application as conjugal partners (which we canceled shortly after being approved for sponsorship).
My advice is to do exactly as RobsLuv says and send in the extension app ASAP via expedited mail before your leave date comes up. If you aren't married yet by the time you send it in you could at least try using the marriage license - it's better than nothing! :) Also submitting the PR app fees as someone else said would be even better.