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Visitor extension DENIED

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cor-32 View Drop Down
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    Posted: 02 Sep 2011 at 3:52pm
Here is by info:

Applying for PR (spousal, married 7yrs to a born/bred Canadian citizen, with 2 Canadian citizen children)
I also need to apply to be deemed rehab'd (forgery '99, fine & DUI '00, fine/1yr licence suspended)
I am in Canada since Sept, i applied to extend my stay under the 
I was about to mail both this weekend.....
  BUT>>>>>

I rang CIC about my extension, and it was denied......
because of insufficient documents.  Only then did i see the document checklist. i never had my passport photocopied)

Where do i stand from here?  Should i drive to the border and get a new stamp, pay the $200 there and post applications? or use mail, and wait, hoping they don't begin work on my PR/rehab files first?

thanks
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ProudOne View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ProudOne Quote  Post ReplyReply Direct Link To This Post Posted: 07 Sep 2011 at 9:36am
I would follow CIC's instructions in the letter.
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jogruni View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote jogruni Quote  Post ReplyReply Direct Link To This Post Posted: 07 Sep 2011 at 6:28pm
When do you have to leave?
What nationality do you have? US?
You are in Canada since Sep 2010?

If you have time, resubmitt the application with propper documentation.

I am a bit confused here. You are married since 7 yrs to a Canadian with 2 Canadian childen (assume they are your mutual children - not his). I have problems to believe, that you could not get a PR sooner? Okay maybe with your record... but still the interest of the children is an important point in granting PR status and in such a situation it is hard to believe, that you have problems to stay in Canada. I was under the impression, that you as a spouse of a Canadian would easyly get a PR quick.

Don't get me wrong and I do not want to judge you, but I am a bit more under the impression, that you just take things a bit too easy and don't pay attention to a few formal details.

But to me it seems a bit more just a buerocratic problem. You did not pay attention to the documentation and your application was denied, because you forgot documents. This is a bit your fault. You have to try a bit harder.

Over all, I have the feeling that you need a bit more than support from this community. I think your should search for legal advice from a immigration lawyer, as the consequences could be hard for you and your children.

Going to the border to get a stamp might not be the best choice, as you would be pretty close and they could also kick you out completely.

So I would suggest a lawyer and try to argue more on Humanitarinan and Compassionate ground. Again with the interest of your children in mind, it is hard to believe you would face eviction.


Edited by jogruni - 07 Sep 2011 at 6:29pm
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cor-32 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote cor-32 Quote  Post ReplyReply Direct Link To This Post Posted: 07 Sep 2011 at 7:22pm
No offence jogruni......
but dont judge me or pretend to know much....
first off, i am male.....
we came to Canada as i got money at home (Ireland) and we knew the longer we waited, the more it would shrink.
If you had more than 39 posts, meaning to me that you are pretty new to the CIC world, you would know that spousal sponsorship takes, as of today 10-11 months to get AIP.

The last lawyer i dealt with gave me the opposite advice from what the FOUR different calls to CIC, AND an in-person visit to my local office.....

have you applied for PR?
In my case, my wife is the sole bread winner, supporting herself and 2 children, the money for the applications, never mind a lawyer, does not grow on trees..


Edited by cor-32 - 07 Sep 2011 at 8:09pm
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jogruni View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote jogruni Quote  Post ReplyReply Direct Link To This Post Posted: 07 Sep 2011 at 9:22pm
I didn't wand to offend you or judge you, and sorry that I assumed you're female Wink
I just was under the impression, you must have done things wrong, as I cannot believe that it is difficult to get PR being married to a Canadian. But you are right I DO NOT KNOW.

I am a PR myself and my impression was, even though I have no experience in family related immigration, that in case of being married to a Canadian spuse, it would be fairly easy to get a PR (or whatever it is called in this case). Most of this might come from my guts feeling and my experience from Germany, where i know a marriage means automatically a permanent resident status, unless it is obvious not a "real" marriage.

I completely understand the financial impact. I just thought that the situation is important and critical, so I would not just want to depend on recommendations from strangers like me.

I got a lot of knowledge from CIC enforcement guide documents. Maybe I should recommend to read through these pdf documents, because they often clearly describe procedures and I learned a lot from them in my current renewal application and preparation for citizenship application. It is way more detailed and founded than the normal documents. I am sure, there is something specific for your two problems.

http://www.cic.gc.ca/english/resources/manuals

The enforcement section http://www.cic.gc.ca/english/resources/manuals/enf might contain valuable information. But I have not done any research, what documents contain information in your special case.

So you arrive ths Sep or last year?

It is still hard to believe, that Canada would evict a father of two canadian kids, who is married to a Canadian citizen.

Lawyers and CIC officers have two different points of view. CIC can only recommend things, that are true and legal, where lawyers might suggest to bend the law a bit, making results easyer, which CIC cannot do.

Take a look at the documents and maybe you can fins something helping you. I really wish you all the best to get it solved soon. ATM you cannot even work in Canada, I guess. So this makes it even more difficult.

I also learned from my PR renewal, that processing time are insane rigt now. 5 month for a simple renewal and 19 month for a citizenship application are insane. They seem to reduce CIC staff more and more. So all those processes take huge ammount of time.

To discuss your case, you would need to provide more details, and I can understand, that you might net want to disclose much. Mainly the more detailed timeframe and what lawyer / CIC recommended. I still believe something must have been terribly wrong at the beginning, that you are in such a desperate situation right now. I honestly wish you all the best.
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