Costa Rican wife denied temp Residence Visa...........do we have time?

[costacanadian]

Hey all.

Go figure right. Please excuse the lack of capital and sporadic commas....i type faster that way

Background

Canadian man falls for a Costa Rican Woman and marries her....Aug 24, 2014.

Here is the scoop.

Her current Canadian visitor visa (multiple entry) expires on March 3, 2015......we have all the forms filled and ready at the lawyers office. I am quite detail orientated when needed and know they are ready to go within hours.

She is currently in Costa Rica.....where she applied for the temp residence visa....we were honest and truthful and told the immigration office we were married even providing a marriage certificate. She was denied - we should have known this. Honesty is the best policy?

What are our options?

Can she come back to Canada....we file the inland papers for her residency and a visa extension and carry on until the process is complete. Do we have time to do this I realize time is tight? Or will she be turned around at the Canadian border as we have already made our intentions known.

Do we start an outland process? Guatemala is notoriously slow and currently has a 29 month wait....

Any help or information would be appreciated.

Thank You

Costacanadian

 

[tink23]

Since she has a bit of time left on the visitor visa, she can try to enter, but if she doesn't have a return ticket, they probably won't en allow her to board the plane. Also, the tiny bit of time remaining is troubling.

The fact that you filed an inland sponsorship and your wife is in Costa Rica is also a major issue. Inland means she is supposed to be in Canada living with you throughout the process. If she is denied entry on the visitor visa, then the PR application will also be denied eventually, since part of the deal with inland is she has to be in Canada.

You will do well to cancel the inland sponsorship, if she is denied entry on her visitor visa, and reapply OUTLAND. Even though the timeline is long, those are usually worse case scenarios, and most people finish before that timeline (to find out what is average for Guatemala, search the Guatemala thread and see what people with experience in that VO have to say.

Have your papers actually been submitted? Or are you just about to submit them? If the latter is the case, you might be better off completing the OUTLAND sponsorship.

 

[costacanadian]

Hey Tink23

Thank you for the comment.

We have completed but not filed the inland application. It is sitting at the lawyers office waiting......we were given some poor information about the process and decided she could go back to Costa Rica for a visit and I would meet her there later and we would come back together. Medical is complete and sent off only.

 

[tink23]

Hey Tink23

Thank you for the comment.

We have completed but not filed the inland application. It is sitting at the lawyers office waiting......we were given some poor information about the process and decided she could go back to Costa Rica for a visit and I would meet her there later and we would come back together. Medical is complete and sent off only.

Hmmmm, well, you could attempt her to enter on her current visitor visa. Then if she is allowed in, they immigration officer may not limit her time and allow her the full 6 month visitor status. She could then apply for a visitor extension or u could submit the OWP application along with the PR, which would allow her to work on the OWP while waiting for PR to be granted...

If you're too nervous to have her attempt to enter as a visitor again, then it will be best to submit the OUTLAND application, which like I said previously, usually goes faster than the times posted on the website. (For example, my husband's visa office was listed as 14 months, my husband had his PR in 3 months, and he average time for his visa office now is about 8 months, so much quicker than he 14 months listed).

 

[costacanadian]

Thanks again Tink23

The Outland process makes more financial sense and will be the least risky route to take.

I have a telephone call tomorrow AM with my immi laywer and will discuss your points with him.

 

[tink23]

Thanks again Tink23

The Outland process makes more financial sense and will be the least risky route to take.

I have a telephone call tomorrow AM with my immi laywer and will discuss your points with him.

Good luck with everything. I hope it goes swiftly.

 

[BrianDell]

I think you would have been fine to bring her in this month on her currently valid TRV if you hadn't tried to renew after the wedding and gotten refused. Situation now is that they don't want her admitted while she has a husband here unless for PR. Could you salvage something if she's denied entry? Like she flies into Detroit and tries to cross by land and if she can't you take a week together in Detroit? If she flies into Toronto and gets immediately turned around I am concerned such aggressive action on the part of CBSA might affect your PR application.

 

[costacanadian]

Thanks Brian

I too am concerned about a poor reflection on the PR application.....on one hand you have a hail mary attempt at the most desired outcome where i get to have my wife with me during the process.....high risk and high reward. But run the risk of having the PR application refused.

On the other you have the high road option of an outland application where she stays in Costa Rica and waits it out. This will result in not seeing my wife for up to 10 months or more due to my work schedule.

Maybe I have another hand......and move to Costa Rica. I can dream i guess.

 

[canuck_in_uk]

Her current Canadian visitor visa (multiple entry) expires on March 3, 2015......we have all the forms filled and ready at the lawyers office. I am quite detail orientated when needed and know they are ready to go within hours.

She is currently in Costa Rica.....where she applied for the temp residence visa....we were honest and truthful and told the immigration office we were married even providing a marriage certificate. She was denied - we should have known this. Honesty is the best policy?

Why did she apply for another TRV? Of course it was denied - she ALREADY HAS a valid visa.

The expiry date of March 3rd means that she has until then to ENTER Canada; it has no bearing on how long she may STAY in Canada. That is up to the border officer.

She can travel to Canada on her current visa. She should have a return ticket (you can buy a separate fully refundable ticket), proof of sufficient finances and proof of the PR app (like the fee receipt).