Visitor Visa extension for spouse

[TravisJ]

Hey guys first time posting here,

Me and my wife are currently filling out the papers for the spousal sponsorship, the only issue we are facing now is that she has stayed past the date of her visitor visa as she had to send her passport back to be renewed in the USA, we are still within the 90 days of it expiring so we are trying to figure out if she has to renew it to send in our application so she maintains legal status.

We have a wedding coming up for her family in 45 days so we don't want to have any issues when we are coming back, any advice would be appreciated !

 

[Naturgrl]

Hey guys first time posting here,

Me and my wife are currently filling out the papers for the spousal sponsorship, the only issue we are facing now is that she has stayed past the date of her visitor visa as she had to send her passport back to be renewed in the USA, we are still within the 90 days of it expiring so we are trying to figure out if she has to renew it to send in our application so she maintains legal status.

We have a wedding coming up for her family in 45 days so we don't want to have any issues when we are coming back, any advice would be appreciated !

She can't extend her visitor visa because right now she has no status in Canada. She is in Canada illegally. She has to first restore her status.

Guide 5551 - Applying to Change Conditions or Extend Your Stay in Canada - online application - Canada.ca

 

[TravisJ]

She can't extend her visitor visa because right now she has no status in Canada. She is in Canada illegally. She has to first restore her status.

Guide 5551 - Applying to Change Conditions or Extend Your Stay in Canada - online application - Canada.ca

Thank you! Should we first submit the spousal application or restore her status first? Not sure if I can do one before the other

 

[canuck78]

Would not recommend leaving Canada if she has overstayed her visa. Getting back into Canada could be a problem.

 

[Naturgrl]

Thank you! Should we first submit the spousal application or restore her status first? Not sure if I can do one before the other

Is she a US citizen? I am not sure if you can put in a spousal application if she has not status in Canada.

 

[TravisJ]

Is she a US citizen? I am not sure if you can put in a spousal application if she has not status in Canada.

Yes she is a us citizen it's been a hassle to get through to the ircc

 

[TravisJ]

Would not recommend leaving Canada if she has overstayed her visa. Getting back into Canada could be a problem.

I was thinking this could be a problem as well but would it be the same if we put in an application to restore her status? Even if it's not approved as of yet

 

[MJSPARV]

I was thinking this could be a problem as well but would it be the same if we put in an application to restore her status? Even if it's not approved as of yet

I'd imagine it will be a problem at the border. She had six months to get the application submitted while she had her visitor status, she could have applied to extend her visitor status, she could have submitted her passport for renewal sooner etc. Unless there's some compelling reason why she has overstayed without having applied for a visitor extension/getting her PR application in that you haven't mentioned, I'd think the chances of her being turned away at the border if she leaves and tries to reenter are probably pretty high as she's already shown that she is not willing to comply with the conditions of visitor status.

 

[TravisJ]

It's only 3 days past the 6 months does it makes a difference if she's leaving and wants to come back? Does she reapply for a visitor visa? I feel like if she's leaving on time it should be okay

 

[canuck78]

It's only 3 days past the 6 months does it
a difference if she's leaving and wants to come back? Does she reapply for a visitor visa? I feel like if she's leaving on time it should be okay

Assume she isn't employed in the US and doesn't have a home in the US. She os essentially living in Canada ehen she is only supposed to be visiting so the combination of living in Canada as a visitor and overstaying her stay makes leaving Canada very risky. It is impossible to guess whether she will be denied entry but the overstay makes chances much higher than normal. The only way to guarantee that she'll be able to remain in Canada is not to leave.

 

[Teaa]

Thank you! Should we first submit the spousal application or restore her status first? Not sure if I can do one before the other

I was in a similar situation back in October last year (being out of status within the 90 day restoration window and submitting a sponsorship application). I submitted the application to restore my status as a visitor online and on the same day mailed out the inland spousal sponsorship application by courier. In both applications I included a letter of explanation which referred to the fact that I had submitted the respective applications (on the sponsorship application I selected "out of status" for my status).

My visitor record was just approved last month (valid until the end of September 2022) and my sponsorship application is in process (only the background check is outstanding).

I am a bit confused by your timings. You say that "It's only 3 days past the 6 months" and "I feel like if she is leaving on time it should be ok". What do these "3 days" and "on time" refer to? Does she still have the option of leaving earlier for the wedding in the US to leave 'on time' before the visitor visa expires?

I don't know the current processing times, but when I submitted my Visitor status restoration application the ETA given was approx. 162 days. If it's still a similar timeframe, I am not sure what that would mean if it has not been approved by the time you need to leave- like the others have commented, it could be problematic.