Can my husband visit while he is being sponsored

[Tashannon]

Hello, short history.....me and my husband have been married for a yr and 2 months now. We have a 2 yr old and having a baby next month as well. He spent most his time on visitors status here in Canada (he's a green card holder of the United States). October 2012 we decided to get a lawyer and file his papers however he went to North Carolina to get the police certificate that is required and when he tried crossing the boarder in Niagra falls they only gave him a week to stay in canada (they assume he is working here). So he brought the papers to my lawyer and he had to leave so now he is in the US and I sent off the paper works November 14th....they approve me to sponsor him and said his pr application has been sent to Ottawa.


My questions are:
Can he try coming back to Canada now with this letter showing I have been approved to sponsor him?

How much longer before he gets his pr?

I am due to have baby in a few weeks and I can't do this alone I need my husband here with me to manage college, work and 2 kids.

I also ensured I included a doctors note with the application stating my due date for this pregnancy.

 

[RajaJi]

Hello, short history.....me and my husband have been married for a yr and 2 months now. We have a 2 yr old and having a baby next month as well. He spent most his time on visitors status here in Canada (he's a green card holder of the United States). October 2012 we decided to get a lawyer and file his papers however he went to North Carolina to get the police certificate that is required and when he tried crossing the boarder in Niagra falls they only gave him a week to stay in canada (they assume he is working here). So he brought the papers to my lawyer and he had to leave so now he is in the US and I sent off the paper works November 14th....they approve me to sponsor him and said his pr application has been sent to Ottawa.


My questions are:
Can he try coming back to Canada now with this letter showing I have been approved to sponsor him?

Yes, he can.

How much longer before he gets his pr?

Most of the cases are decided within 12 months with many as early as 3 to 6 months.

I am due to have baby in a few weeks and I can't do this alone I need my husband here with me to manage college, work and 2 kids.

I am sure, IO at border will consider and make a positive decision, so that both of you are together

I also ensured I included a doctors note with the application stating my due date for this pregnancy.

That will help.

Congratulations! for new baby in few weeks and Good luck! Take Care

 

[Tashannon]

Thank you so much for your response.

He is going to travel by plane this time instead of driving across the boarder.


Should he ask for 6months stay or less?

 

[amikety]

Hello, short history.....me and my husband have been married for a yr and 2 months now. We have a 2 yr old and having a baby next month as well. He spent most his time on visitors status here in Canada (he's a green card holder of the United States). October 2012 we decided to get a lawyer and file his papers however he went to North Carolina to get the police certificate that is required and when he tried crossing the boarder in Niagra falls they only gave him a week to stay in canada (they assume he is working here). So he brought the papers to my lawyer and he had to leave so now he is in the US and I sent off the paper works November 14th....they approve me to sponsor him and said his pr application has been sent to Ottawa.


My questions are:
Can he try coming back to Canada now with this letter showing I have been approved to sponsor him?

How much longer before he gets his pr?

I am due to have baby in a few weeks and I can't do this alone I need my husband here with me to manage college, work and 2 kids.

I also ensured I included a doctors note with the application stating my due date for this pregnancy.

The letter of sponsor approval should help him visit. It's no guarantee, but it should help.

He will need a return ticket already purchased. The airline isn't supposed to allow him on the airplane without. They even made sure I had one and I'm a US citizen.

We need to know which country he's from to tell you about the PR. Share your timeline and his VO.

I hope he's able to get in, but do remember, there are no guarantees.

 

[RajaJi]

Thank you so much for your response.

He is going to travel by plane this time instead of driving across the boarder.


Should he ask for 6months stay or less?

Does your husband has a Job in USA or other evidence to prove his ties to USA. IMO, Travel by plane or driving across may not make much difference. Most of the time, IO will allow for 6 months but since your husband was allowed one week on his last entry, it will depend what view IO takes on his next visit. Ask your husband to carry all the evidence he can to prove that he is visiting for the birth of baby and intends to return after his short visit.

 

[Tashannon]

He is a Jamaican citizen and so am I. He has his greencard for the states.

They gave him a list of things he needs to prove he lives in the states....
Job letter
Bank statement
Proof of address ( he lives with his parent there since 2006)
Marriage certificate
Confirmed means of departure.

He has all of those, his bank statement shows $3,000 in his account (is that enough)
He is planning on getting a plane ticket to come over in January and leave July 1st so he can stay for his son's birthday in June. (Is this time too long)

 

[Tashannon]

Also his boss will give him a post dated cheque to travel with for payment of his last job, and he is going to give him a letter saying he is giving him 6months off from work for maternity leave.


After he left from the one week visa he tried to come back a few days after but was denied. They told him he needs to bring the proof I explained previously and proof I'm sponsoring him.

 

[RajaJi]

A job letter with a continuing Job will be better rather than a Job letter with 6 month leave. Bank statement with only $3000 may not be so strong but is still needed. Proof of residence and parents in USA sufficient to prove USA ties.

He has already been denied is not good. IO thinks that your husband does not have a proper or regular job and may not return within authorized period. It is likely that he will be denied entry again.

 

[Tashannon]

So you don't think they will consider he is currently being filed for and the letter from my doc providing proof of pregnancy and due date? Also along with all the documents they asked him for the last time?



What are our options?

 

[amikety]

Can you give him copies of your paystubs or EI eligibility for maternity leave too? $3000 isn't enough for a six month stay.

Post dating checks is actually illegal in the USA. Not many people know this. Doubtful the IO will but I wouldn't take the risk!!!

 

[Tashannon]

He has a bank statement from me showing $5,000 in my account here. This was stamped by my bank on October 2012. Will this help?


I'm not working right now n no maternity leave was given because my employer fired me before I had enough hrs......


He is just gonna try and visit for 4 months then. I have no pay stubs presently that I can send to him.

I am in school full time but took this semester off to have baby....will be returning to school May.

So I'm living off my osap funding until I have baby then go back to work.

 

[amikety]

I'm not sure the IO will decide he has enough funds to visit for six months. You'll need to show any proof of funds you have. If I was the IO, seeing $3000, a wife with no job, and a baby, I would suspect he's going to work under the table.

Combined with his prior refusals, I don't think he'll be admitted.

 

[Peterpan12]

Can you give him copies of your paystubs or EI eligibility for maternity leave too? $3000 isn't enough for a six month stay.

Post dating checks is actually illegal in the USA. Not many people know this. Doubtful the IO will but I wouldn't take the risk!!!

There is certainly nothing illegal about post dating checks in US. The UCC does allow for post dating, however, it also allows banks to pay checks regardless if the check is dated in the future so long as the check is good otherwise.

It is illegal in certain states to write a check above a certain $ if you do not have funds immediately at the time in your account, regardless of the date of the check but that's not the same thing.

 

[RajaJi]

Regardless of post dated checks, there is slim chance of your husband getting admitted to Canada. Even if he tells the IO that he will return after a month or less, IO may not be convinced. However, one positive is that your husband did return within a week on his prior visit. I am not sure if your husband is eligible but another option is to apply for Temporary Residence Permit (TRP).

 

[Peterpan12]

Regardless of post dated checks, there is slim chance of your husband getting admitted to Canada. Even if he tells the IO that he will return after a month or less, IO may not be convinced. However, one positive is that your husband did return within a week on his prior visit. I am not sure if your husband is eligible but another option is to apply for Temporary Residence Permit (TRP).

I think he doesn't have too bad a chance. My wife had been to Canada several times on a Multiple Entry Visitor Visa before we applied for PR. The last time she entered Canada (after sending the PR but before file transfer to her local VO) the IO even asked us if we had applied for PR for her and we told her exactly when we had applied. She had no problem admitting her and didn't ask much else. Of course she still had strong ties to her country of residence and we were holding a wedding there in a few months so obviously those matter regardless the IOs are flexible to people who show a history of compliance with rules.

I agree though that he should show stronger source of income so the IO does not suspect he wants to work in Canada illegally specially as the last visit raised this red flag for him.