Risk of deportation? Contact?

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So... long story, made as short as possible: 
I've been in a long distance relationship for about 3 years now. I'm American, he's Canadian. After a long time getting work sponsorship, I realized it was a lost cause because of my experience level, and opted to move here and try for common law status. 

About 2 months in, I needed to make a trip to the US, crossed the border, and when I came back, got stopped. I knew I'd get questioned, but at that point, I still had ties back home in the US and figured they wouldn't have too many issues since I hadn't been there that long. Obviously, I was wrong. 

So after quite the lengthy interrogation, the officer gave me a little over a month to be out. I was put on a Visitor Record with a set date to be out of the country by. He made it very clear that I was flagged in the system, would be interrogated every time I tried reentering, etc, etc. At 3 in the morning after a stressful business trip, I was exhausted and didn't ask all the questions I probably should've.....I was just happy he let me back in for a few more weeks. 

Fast forward. That date is approaching. I'm supposed to leave. Neither of us want to marry, but don't exactly want to end the relationship either (although that will likely happen if I have to leave....we've been apart for so long, I don't think it could handle that extended amount of time again). 

If I *don't* leave the country.... yes, I know it's illegal.... but because I'm flagged in the system with a set date I'm supposed to leave, will they contact me? I've seen other couples stay past their allowed time and then apply legally as common-law and get approved from outside the country. I'm wondering if because of the visitor record/interrogation/flagging if there's something different to expect. Do they go out of their way to track that and make sure I leave, or is it only really going to pop up if I leave and try to reenter? 

Have things changed in laws or is their good potential for me to be approved as common-law if I provide all the requested evidence, even though I technically stayed illegally? 

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MissMe Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 23 Sep 2011 Status: Offline Points: 6	Post Options Post Reply Quote MissMe Report Post Thanks(0) Quote Reply Topic: Risk of deportation? Contact? Posted: 23 Sep 2011 at 5:42pm
	So... long story, made as short as possible: I've been in a long distance relationship for about 3 years now. I'm American, he's Canadian. After a long time getting work sponsorship, I realized it was a lost cause because of my experience level, and opted to move here and try for common law status. About 2 months in, I needed to make a trip to the US, crossed the border, and when I came back, got stopped. I knew I'd get questioned, but at that point, I still had ties back home in the US and figured they wouldn't have too many issues since I hadn't been there that long. Obviously, I was wrong. So after quite the lengthy interrogation, the officer gave me a little over a month to be out. I was put on a Visitor Record with a set date to be out of the country by. He made it very clear that I was flagged in the system, would be interrogated every time I tried reentering, etc, etc. At 3 in the morning after a stressful business trip, I was exhausted and didn't ask all the questions I probably should've.....I was just happy he let me back in for a few more weeks. Fast forward. That date is approaching. I'm supposed to leave. Neither of us want to marry, but don't exactly want to end the relationship either (although that will likely happen if I have to leave....we've been apart for so long, I don't think it could handle that extended amount of time again). *If I don't* leave the country.... yes, I know it's illegal.... but because I'm flagged in the system with a set date I'm supposed to leave, will they contact me?** I've seen other couples stay past their allowed time and then apply legally as common-law and get approved from outside the country. I'm wondering if because of the visitor record/interrogation/flagging if there's something different to expect. Do they go out of their way to track that and make sure I leave, or is it only really going to pop up if I leave and try to reenter? Have things changed in laws or is their good potential for me to be approved as common-law if I provide all the requested evidence, even though I technically stayed illegally?

Patience Tuesday Members Profile Send Private Message Find Members Posts Add to Buddy List Average Member Joined: 05 Mar 2010 Location: Ontario, Canada Status: Offline Points: 242	Post Options Post Reply Quote Patience Tuesday Report Post Thanks(0) Quote Reply Posted: 24 Sep 2011 at 1:43am
	Welcome to the forum! I'm going to answer you straight: Presently there are no "exit" monitors in Canada. Being said, they may contact you but I imagine they have other, more pressing needs than finding that needle in a haystack. Your mileage may vary. "They" will not know you're still here UNLESS you were told to go to such-n-such a place to have your passport stamped. Even then, the likelihood of CIC taking time and money searching for you is remote. Not impossible, but very slim. People have been known to 'go under the radar' here in Canada. They fail to leave, stay here and set up their family. There is a better way though. Even with the 'flagging', even with the interrogation and unpleasantness, you can for the low, low price of 75$ see if CIC will allow you to extend your visit here. Sending it out as quickly as you can will help you. It gives you about a hundred days implied status and also after you get to see if you can stay here longer. Not a bad deal. http://www.cic.gc.ca/english/visit/extend-stay.asp or http://www.cic.gc.ca/english/information/applications/visitor.asp If you end up overstaying, well, go Outland. It's the only real choice a fine American like you has for a faster application approval than the onerous Inland application. The fees are the same, but it cuts your time in half or a third and it's the one that allows you to appeal if your application is declined. Sure, you still have to prove your relationship but you're able to be working free, clear and with a card by the time those poor folk in Inland get first stage approval. More questions? Clarifying? Just post again! Hearts and huggles, -H Edited by Patience Tuesday - 24 Sep 2011 at 1:49am

MissMe Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 23 Sep 2011 Status: Offline Points: 6	Post Options Post Reply Quote MissMe Report Post Thanks(0) Quote Reply Posted: 24 Sep 2011 at 3:19pm
	I knew about extending the visa, but I didn't realize it had to be done 30 days before the last date....which past by the time I went to do it. Also, I don't have a job back home any more or a returning plane ticket. The border officers made it very clear that that was a big no-no, couldn't prove ties, etc, so I was under the impression that it would flag the visitor extension, too, and they'd tell me no. So.... 1. It's too late to apply for extension now, right? I've only got about 2 weeks before I'm supposed to be out. 2. It's likely to be declined because I don't have a good "reason" to stay and no proven ties back home, correct? 3. Thanks a ton for answering the "slipping under the radar" question. It's not what I want to do, but it is starting to look like my only option. I know to apply Outland....do I need to actually go out of Canada to file it that way, though?

Patience Tuesday Members Profile Send Private Message Find Members Posts Add to Buddy List Average Member Joined: 05 Mar 2010 Location: Ontario, Canada Status: Offline Points: 242	Post Options Post Reply Quote Patience Tuesday Report Post Thanks(0) Quote Reply Posted: 25 Sep 2011 at 12:40am
	1. I do not believe it is too late. They may be cranky, but well, if you have the 75 buckaroonies to send out do it NOW. That's going to give you another three-ish months of implied status and if you qualify to stay, you win both times. If not, you now have two months (brief visit to US), plus three months for the price tag to add to the 'common-law' pile requirement. 2. Better believe you need a "good enough reason" to stay. Tim and I were not in a qualifying relationship and we were declined. Read what other people wrote to stay in for that time frame. The search function here is harsh. Here's a couple of other forums, too where I lurk. http://www.canadavisa.com/canada-immigration-discussion-board/family-class-sponsorship-b5.0/ http://www.roadtocanada.com/forums/forumdisplay.php?fid=10 http://www.canada-city.ca/canada-immigration/index.php 3. Thing with Outland is that it does not have ANY residency requirements. You tell 'em where your RESIDENTIAL ADDRESS is. That, dear friend, is in the United States. Then you tell 'em where you are visiting which is in Canada. If you wind up illegal anywhere in the world it really doesn't matter as long as you just let them know where you are. It's far far far FAR better though to stay legal. There's this question in the application, see, where they ask if you basically broke any of Canada's laws. That brings us to the little bit of writing in your passport. If you stay beyond that written date, you're going to have to tell them about it or things become unpleasant for you. I have to rescue some burning food at this moment. I'll pm you in a bit.

MissMe Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 23 Sep 2011 Status: Offline Points: 6	Post Options Post Reply Quote MissMe Report Post Thanks(0) Quote Reply Posted: 25 Sep 2011 at 3:53am
	"There's this question in the application, see, where they ask if you basically broke any of Canada's laws. That brings us to the little bit of writing in your passport. If you stay beyond that written date, you're going to have to tell them about it or things become unpleasant for you." And I'm guessing I'd have to say I stayed past my visa point for that? And then what happens, they decline it? I don't understand how other couples have done it then? Also, attempting to get the extended visa....if it's declined because I don't have any "ties" back in the US (which is likely and I was told that before), then isn't that going to kinda throw up more flags about me not having left yet?

MissMe Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 23 Sep 2011 Status: Offline Points: 6	Post Options Post Reply Quote MissMe Report Post Thanks(0) Quote Reply Posted: 25 Sep 2011 at 4:25am
	"Legal temporary resident status in Canada Under the current Regulations, applicants in this spouse or common-law partner in Canada class must have a valid temporary resident status on the date of application and on the date they receive permanent resident status to be eligible to be members of the class. However, under the spousal policy, applicants who lack status as defined under the public policy (see “What is lack of status under the public policy” below) may be granted permanent residence so long as they meet all the other requirements of the class (i.e., they are not inadmissible for reasons other than “lack of status.”) However, applicants who do not have temporary resident status and who cannot be granted positive consideration under the public policy can be removed at any time. Further, the spousal policy does not change the requirement to seek necessary authorization to visit Canada or to work or study here. What is “lack of status” under the public policy? For the purposes of the current public policy, persons with a “lack of status” refers to those in the following situations: • persons who have overstayed a visa, visitor record, work permit, student permit or temporary resident permit;" http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf Is it silly to bank on stuff like this? It does clearly state that so long as there aren't other reasons to deny it beyond the "lack of status" (ie, staying beyond the visa), then it could be approved...but to just be aware that I can be removed at any time. Or am I misreading that? Edited by MissMe - 25 Sep 2011 at 4:26am

Patience Tuesday Members Profile Send Private Message Find Members Posts Add to Buddy List Average Member Joined: 05 Mar 2010 Location: Ontario, Canada Status: Offline Points: 242	Post Options Post Reply Quote Patience Tuesday Report Post Thanks(0) Quote Reply Posted: 25 Sep 2011 at 7:36am
	DO. NOT. APPLY. INLAND. No, here: DO. NOT. APPLY. INLAND. DO. NOT. APPLY. INLAND. DO. NOT. APPLY. INLAND. DO. NOT. APPLY. INLAND. DO. NOT. APPLY. INLAND. DO. NOT. APPLY. INLAND. DO. NOT. APPLY. INLAND. DO. NOT. APPLY. INLAND. DO. NOT. APPLY. INLAND. DO. NOT. APPLY. INLAND. DO. NOT. APPLY. INLAND. DO. NOT. APPLY. INLAND. DO. NOT. APPLY. INLAND. DO. NOT. APPLY. INLAND. DO. NOT. APPLY. INLAND. And again: DO. NOT. APPLY. INLAND. Edit: You are an American. You have a legal right to appeal if you apply Outland. You do not have that right applying under the inland application. If you apply Outland, sure you'd have to "come clean" and admit that you are in Canada without status, but you'd have to do that anyway with an Inland application. Outland does not have a residency requirement. You can be legal or out of status anywhere in the world, and Buffalo will process your application anyway. So long as you can prove that you're in a 'geniune' relationship, you're BY FAR better off to apply Outland even if you're in Canada "illegally". The fees are the exact same, the burden of proof is exactly the same, but the wait times are vastly different between the two! Outland: 11 months at the outside, usually far, far less. Inland: up to 3 years. Holy cow, Lady! Up to three years without the ability to work, go to school, do much in the way of volunteering and you KNOW they know you're here illegally and where to find you. If that isn't the definition of stress, I don't know what is. In my PM to you I gave you several different posts. Please, oh pretty please read them all before you do anything rash! XD The LAST thing you want to do is apply Inland while out of status. Hearts to you, -H Another Edit: Ah! I did not see your quote from before, " And I'm guessing I'd have to say I stayed past my visa point for that? And then what happens, they decline it? I don't understand how other couples have done it then? Also, attempting to get the extended visa....if it's declined because I don't have any "ties" back in the US (which is likely and I was told that before), then isn't that going to kinda throw up more flags about me not having left yet? " First, the application to extend would not need to admit overstay because at that point you would not have overstayed. Simplicity. If you end up overstaying, yes on the PR application you get to let them know you have overstayed. Tim landed himself a removal order the first time he came over. He left and came back after a week of staying with his Mom through a "letter of invitation" that I sent him. I'll give you a template here, if you want. If they decline the request, you go visit family for a week and then see if you can come up for another visit. Then apply for an extension when you are 30 days to the end of that visit. I'm not saying it's inexpensive, but it'll keep you in status. You let the CIC know why you want to stay. I'd defer to folk who have written compelling extension letters to explain how they did it. Edited by Patience Tuesday - 25 Sep 2011 at 7:59am

sami55 Members Profile Send Private Message Find Members Posts Add to Buddy List Senior Member Joined: 29 Nov 2009 Location: hidden Status: Offline Points: 594	Post Options Post Reply Quote sami55 Report Post Thanks(0) Quote Reply Posted: 25 Sep 2011 at 9:42am
	Hi Hope this helps 1 you can apply for extension even if its just ONE day before the expiry date....so dont worry about IDEALLY 3o days before rule..They are flexible on this...this happened to me and they DID EXTENDED IT FOR ME.... I agree withn PT apply for extension NOW....AND i ALSO AGREE with PT try to remain cleaner than clean..DO NOT GET ON THE WRONG SIDE OF THEM BY OVERSTAYING..DONT BE OUT OF STATUS..TRY TO EXTEND..or if it expires then RESTORE it... IF you go past the date (if it expires) then DO NOT APPLY for extension.you cannot extend something that has expired...if it expires then you apply for RESTORE...THIS also HAPPENED TO ME ..THEY HAVE JUST RESTORED my visa last week... you give reason as ....I wish to stay with my partner while my PR is being processed....its worked for me every time... SO ALL this above refers to short term visa. Now I refer to PR application.. PLEASE NOTE WELL.. you can be here IN CANADA and still apply OUTLAND..

Patience Tuesday Members Profile Send Private Message Find Members Posts Add to Buddy List Average Member Joined: 05 Mar 2010 Location: Ontario, Canada Status: Offline Points: 242	Post Options Post Reply Quote Patience Tuesday Report Post Thanks(0) Quote Reply Posted: 25 Sep 2011 at 9:49pm
	Hello, sami55! Long time no see! Thank you for letting MissMe know that it's possible to have them receive it the day before the original visa expires. I imagine she'll have to Xpress Post it to Vegreville, n'est pas? I keep reading of folk who have successfully written an extension. We have given up on them ourselves, rather doing a cross-border shopping trip now and then to keep him fresh. Would you be able to give a few details of WHAT you wrote that helped you stay with the first extension? MissMe and her Partner are still trying to qualify. They are not as yet able to say that they are just awaiting the PR application. If anyone else can answer too, this will be appreciated I'm sure. Very sincerely, H.

MissMe Members Profile Send Private Message Find Members Posts Add to Buddy List New Member Joined: 23 Sep 2011 Status: Offline Points: 6	Post Options Post Reply Quote MissMe Report Post Thanks(0) Quote Reply Posted: 26 Sep 2011 at 1:39am
	Alright, looks like visitor extension it is then. I'm not sure what to write, so if anyone has any help there, that'd definitely be appreciated. I would much rather do this the legal route, but feels like a fair bit is working against me right now, so suggestions would be great right about now so I can get it sent ASAP.