Update:
Our lawyer recommend we got the CBSA reporting center to see if they will return my spouses passport back to us.
The reason we went to get passport is because our app is moving along so quick, we need renew my spouse passport ASAP, as CBSA seized an expired passport from my spouse.
Once we get the landing interview we need to have a valid passport.
CBSA told us no, and that IRCC will internally request passport. This is frustrating for us. Because its only going to extended the process.
CBSA mandate is not provide Immigration I get it, but my spouse is from mexico and the passport process is long and takes much time.
Good news is my spouse Is no longer reporting monthly with them, we are reporting only bi monthly now.