Road To Canada Forums

Hello i got questions? 1) my wife and my kids are in canada she entered the day before the border rule changes (she is american) we have her doctor check and her state clearance but not her FBI yet so my question is should she apply in canada or outside she got waved threw at the border so no stamp she doesnt have a passport i believe she only has until the end of the month before she loose's her status so should we apply for a study visa or something like that oh did i mention she is 4 months pregnant. Would it be faster to apply outside and have her stay here with me plus does any of those extensions give her the right to get BC medical. Also we are ready to apply but waiting on FBI clearance should we send with out to get it started please help im so nervous

OK, I understand this, I am actually an EU citizen and was (almost) waived through the border between US and Canada with no stamp in my passport, my lawyer said just explain this in your application and it should be OK it is becoming less common to get a stamp in your passport. I have also heard of people doing this in an application for an extension and the CIC accepting it. But as you will find it seems every case has it's differences.

Don't worry too much. you do have options. you can return to the states and re-enter (do not mention your intention to file for PR, you are just visiting friends)

thank you

I believe there are a few issues here:
I am from Ontario, not BC, so know nothing about how BC health works.
You say your wife and children do not have passports. They must have passports to travel back and forth between the US and Canada. Therefore, if they were to leave now, they would not be allowed back in unless they have their passports (or the Canadian citizens would not be allowed into the U.S.). That being said, we were in the same boat. We went to the US embassy in Toronto and filled out the passport information. We had to have proof the US citizen(s) were here legally. The passport was processed and received in less than two weeks. I would suggest you go get them their passports. It is my understanding they need these even to apply for PR status.
You can apply "outland" even though your family is here in Canada. Just go to the CIC website and fill out the paperwork for "applying for outside Canada", even though they are here with you. The "outland" app. is all about where the application is processed, not about where you are physically.
From what I have read, it is not advisable to send in your application incomplete (this refers to you not having the FBI clearance). We are having some trouble getting a dependant's passport and medical done. We are making a trip to the US over Christmas to visit and hopefully get all of this taken care of ourselves. We are holding our PR package until this can be taken care of as we understand otherwise it could be held up and be looked upon unfavourably.
You can also apply from within Canada to have her status extended. Unless she is a student on a student visa, I'm not sure why you are suggesting this route. There is a form you fill out to extend her status within Canada. It is on the CIC website. They ask the reason she wants to extend and you say something along the lines of you are married and she wants to visit with you while you await PR status. If you have already paid your PR fees, you could send receipt of those along with the application to extend. Make sure you courier everything so that you have proof of delivery. While you await confirmation of her extension, she has "implied" status. You must do this before her status runs out. Only thing is, I can't remember if we needed the passport number in order to do this. You may want to look this up.
I would suggest you get those passports ASAP. The rest really should fall quite easily into place from inside Canada.
As an aside, congratulations on your new family member; however, I don't think the government cares if someone is pregnant, they are more interested in a proper relationship.

Jason - I sent you an email. Please check your inbox, or junk filters if you didn't get it. There are some problems with the information you've been given so far. First of all, you said your wife was admitted to Canada - "waived through" - without getting any documentation of her entry. And she doesn't have her passport yet. That means it's not possible for her to apply from within Canada to extend her status - she has no way to prove that she has status in the first place and that's a requirement for extending from within Canada. Filing an extension application will actually put her at a disadvantage - it will alert CIC to the fact that she's in Canada, and they will defer on making a decision about extending and ask her, instead, to go to the border to apply. If she does that, she's pretty much guaranteed being refused re-entry . . . especially with the pregnancy. So I don't recommend that approach.

Secondly - I don't know whether she'll be able to apply at a US consulate for her passport. In theory she should be able to because the US consulates are in Canada to serve US citizens . . . and that should be irregardless of their temporary status in Canada! Things got complicated, though, when the requirement for passports came into effect because US citizens who live close to the border were inundating the Consulates in order to expedite their passports - so the Consulates made the rule that they'd only serve US citizens with "residence" in Canada. That shouldn't preclude US citizens who are often waived in without documentation, as you wife was but, unfortunately, it has. I believe if you prove you're legally married and that she needs her passport so that you can apply to sponsor her, and you INSIST, you might be okay . . . the alternative is for her to leave Canada and have to remain in the States until she gets her passport. Then, with an advancing pregnancy, she might get denied entry because of the fact that she won't have healthcare here in Canada. So, it's worth it to push a bit - getting her passport through the Consulate is an important consideration.

I've covered quite a few other things in my email to you about filing inland (NOT recommended in your wife's situation) vs outland, etc., so be sure to let me know if you didn't get it.

Thank you so much I now have a pretty good idea on what to do..

Just double checked with the son-in-law. He says they didn't even ask for his visitor's record. He went with his driver's license and birth certificate (what was asked for on the U.S. website).
I would take your marriage license and proof you are applying for PR status just in case. Remember, you will not be allowed to go into the embassy with your wife (my daughter waited outside in the car). She'll be escorted in.
From there, we just applied to extend saying they were married, applying for PR and he wanted to "visit" until he found out if he was approved. He was given a one year extension. At the very least you'll have implied status until they make a decision (and that's taking 90 days or more). If they ask you to go to the border, get in touch with someone who can help (MP, lawyer, whatever it takes). If you can cross the border with your PR paperwork, marriage license and your sponser, why wouldn't you at least try to get the extension from within Canada.
I've read your other thread too. Must admit, would agree you should apply outland.
Best of luck. Relax, one step at a time!

You can't benefit from "implied status" when you didn't get status in the first place! Implied status comes from applying to extend the status you were given on entry before it expires. Jason's wife did not get any documentation of her entry into Canada - so she can't demonstrate when her status will expire. Just saying she hasn't been in Canada for more than six months won't cut it - she needs to be able to prove it. If she applies to extend her status from within Canada, they're going to go, "What status?" Hope that makes sense. You can only apply to extend your status from within Canada if you can prove you haven't overstayed - if someone applies without being able to show when they entered the country, CIC will send back a letter telling them to go to the border to extend and I've seen too many people who've done that and have ended up being refused re-entry to Canada - sometimes for a specific period of time (exclusion). There is too much to risk here, with a baby on the way. If they ask her to go to the border, she's already "in the system" as far as how long she's stayed in Canada. Jason and his wife DO NOT NEED to apply to extend from within Canada. His wife is visa-exempt. Once she has her passport in hand (assuming she can get one from the Consulate, and hopefully she can) all they have to do is leave Canada together and then re-enter together with him (as her spouse and sponsor) asking for her to be able to stay with him during processing of the PR application. They'll need a copy of their marriage licence and proof that they are applying for PR - because they will be coming from outside the country there will be no questions about her previous stay or how long it was. I know - I've been there. We were lucky - we were only separated for three months.

I know I've seen comments from AWA1979 that he extended his status from within Canada with no problem, without having received a stamp at the border. When you are waved through at the border, you are basically given status as a visitor for 6 months, so there is a legitimate status to extend.

If necessary, you can prove that you haven't been in Canada longer than 6 months if you have a credit card receipt/statement on something purchased in the US the day before you came to Canada. I wouldn't do this unless you were asked for it, though.

Personally, I don't think I'd be inclined to risk a border run if you don't have to.

The problem is that, if someone submits an extension application that can't be approved because the person is unable to prove when they entered Canada, then they're "set up" for a border run. No choice then. I still think it's better, in any case, for someone to do a border run on their own terms, rather than being required to do one by CIC.

RobsLuv Wrote:The problem is that, if someone submits an extension application that can't be approved because the person is unable to prove when they entered Canada, then they're "set up" for a border run.

Ok, so maybe it would be best for them to include whatever proof they have of when she entered Canada, and explain the situation on a separate page.

Kinda funny semi-related story on dealing with government bureaucracy: Hubby's trying to figure out how to fill out a form he needs to get proof that he's paying into Canadian social programs (CPP, EI, etc) so he doesn't have to pay the self-employment tax to the US. Guy at CRA called him back today to answer questions about the form and basically said "Send us a blank signed copy of the request form, along with a letter describing your situation, and we'll make sure it's filled out right."

I too applied for an extension and was granted one even though I submitted no proof of when I entered Canada other than my statement, in the app form, as to the date. I was not just "waved through," but rather did have an interview in secondary, and since I was in the system there probably was a record of that entry on their end. Perhaps that is why I rec'd an extension (actually what I received in response to my request for an extension was a VR with a must leave date more than six months down the road) despite not having submitted any proof of when I entered Canada. I just know that not having a stamp or VR or other border crossing documentation does not necessarily result in an app to extend being denied.

Ok so i'm having a similar issue.
First of all let me just clarify that the requirements to enter canada by car are simply photo identification and birth certificate.

Anyway, my issue is that my fiance at the time entered canada by car, they didn't stamp his passport.
Now we're married and i'm trying to file his sponsorship papers from inside of canada which require proof of entrance (same goes to the extension of stay).
The canada immigration services operator told me that we would need any kind of proof of entrance on that day, be it gas receipts, etc.
Obviously, we don't have that kind of proof, all we have is bank records which are dated one or two days after the arrival.

Would this be enough for approval? because honestly, i'm forking over almost 1300$ for all of this, and i would rather it doesn't blow over!

Where is your fiance from?