advice needed. please help sponsoring spouse

[elletab]

Hi everyone! i have some queries regarding sponsoring my husband with my situation.

First, before i received my PR approval i was married with my husband now but due to legalities i filed for an annulment and was approved before my PR arrived. therefore i've never changed my status as Single since the marriage was declared null and void.

i entered Canada as single but then i was 2 mos. pregnant. and my husband applied for a visit visa and was approved. he came here last Oct. 2011 and we finally got married again the 2nd time. but now im pretty sure that its all legal and im planing now to sponsor him.

my question now are....

1. is our situation before will have an effect in my plans to sponsor my husband?

2. im going to deliver our baby anytime now and he's coming back again on a visit visa to be with me on my delivery. i am planning to submitt now my sponsorship application for him. but since he is in a visit visa he willbe staying only for a month. therefore, Can we go out of the country to spend my maternity leave with him while waiting for the decision of the sponsorship of my husband? sinve i dont have anyone to help or support me in taking are of our baby.

hope you can help me with this! thank you soo mch! any suggestions are highly appreciated!

 

[Jamgirl]

IN MY PERSONAL OPINION..........


1. Because you are legally married now, you may qualify to sponsor him, but be prepared for them to question the first marriage....

2. Yes, you are able to stay with him during the processing time.

 

[canadianwoman]

A Canadian PR who sponsors a spouse must stay in Canada during processing, so you cannot go abroad to stay with him while you are waiting. Short visits are OK, though.
However, since he is in Canada, he could apply to extend his stay, and wait with you in Canada for processing to be finished. He would have to go back to his country for any interview, however. Or you could sponsor him inland, in which case he would have to stay in Canada while waiting. Usually outland is faster, but even applying outland, he can stay as a visitor in Canada while waiting.

Expect the visa officer to question him about your annulled marriage. If you were married, you should have declared him and had him medically examined before you landed. You weren't married (as the marriage was annulled), so that should be OK, but also if you were in a common-law relationship, you should have declared him, and not said you were single. So was your relationship with him before you landed in Canada one that CIC would consider common-law? That is, you lived together for at least one year like husband and wife?

 

[Jamgirl]

I apologize for the wrong information... I misread your post and thought that you were citizen now... if you were, then you would be able to stay with him. But, canadianwoman is right, not me, sorry...

 

[elletab]

thanks for the advise! i cannot declare him as my common law partner because we are on working on an arab country where in male and female cannot leave together. do i have a problem later with the immigration regarding this situation?

what if i will never declare our first marriage since we are annulled when we got married on the 2 nd time? any advice pls! thanks! but are they going to question our baby

 

[NBaker]

You need to provide all the details of what happened to CIC so they are able to understand exactly what happened in your situation; you were married regardless of the annullment - is the annullment recognized in Canada or the 1st marriage? Regardless timelines and explanation are necessary. If you were pregnant at a point where annulled and not appropriate to culture it might be questionnable so be clear about your case.

It is especially concerning in your case that you were married at the time of your PR application. If you did not declare your spouse or your pregnancy at that time, as noted by another poster, to have him examined misrepresentation is a possibility that could jeopardize your own PR status.

Best to get this sorted out before it is discovered other than through your providing the explanation.

 

[elletab]

so you mean they will question my pregnancy? because in my situation i just found out that im 1 mos pregnant after i landed here last august 2011. with this situation am i supposed to inform the CIC regardingmy situation? thanks!im so troubled now.

 

[NBaker]

It is more likely the fact of not declaring your spouse at the time of your application than the pregnancy that would be a concern. It is still really important that you provide all of the information about the specifics of your case to CIC since your spouse at the time was not examined for admissibility. You do need to provide information about your pregnancy as well.