Can someone help assuage my (probably illogical) fears? Spousal Sponsorship.

[PaperLantern]

My wife is an American citizen and I'm a dual citizen. We currently both live in Canada together because she had a TRP for inadmissibility that allowed her to remain in Canada for the duration of her TRP. It was multiple entry so she could still go to work and school in the USA. We finally got her rehabilitation! She had been charged with misdemeanour shoplifting when she was 19 (a shirt from a mall). So, now we are a couple of days away from sending out for the sponsorship/PR. I'm a nervous wreck. Her TRP is about to expire and we went to ask questions at a border crossing and we were told to return when there's an immigration officer and bring proof that we sent her documents, proof of rehab, proof of marriage, etc. and it's up to the individual officer if the TRP will be renewed. They also said sponsorship might take as long as 24 months. So, here are my questions and I apologize if I seem anxious and scared. It's mostly because I am.

1. Can they still deny my wife PR because of the shoplifting incident if she has a rehabilitation approval letter? Can they deny her just because they feel like it? What if we get an officer who doesn't approve of homosexuality can he or she just decide to deny my wife's PR application?

2. Will it hurt the PR decision that she is still a student? She currently works as a waitress and she's finishing up her degree in zoology in the USA.

3. If the TRP renewal is denied, is there another route we could take so that she can live with me in Canada? I bought a house here a year ago and I'd really like her to be here with me while we wait.

4. Last year, my wife was turned around at another border crossing even with the TPR. She signed some sort of document that said she would agree to turn around. Does this count as refusal of admission? I ask because we checked off "yes" on the form that asked if she had ever been refused admission to Canada.

5. Since she has been living with me here on a TRP for a year do I put that we have the same address on the forms? Or, do I use her USA address since she still has a US residence (although she's never there)?

6. Is 24 months standard or is it possible that it will take less time?

 

[PaperLantern]

Also, I read this on the website "All of your family members need to pass a medical exam, even if they aren’t applying to come to Canada with you. Failure to declare and have family members examined will affect your application, and you will be unable to sponsor them in the future."

What? So all of my wife's family (mother, father, uncles, sisters, cousins, etc) need to do a medical exam even though they plan to stay in the USA forever? There's no way they're going to agree to do any of that.

 

[WYWH]

Also, I read this on the website "All of your family members need to pass a medical exam, even if they aren’t applying to come to Canada with you. Failure to declare and have family members examined will affect your application, and you will be unable to sponsor them in the future."

What? So all of my wife's family (mother, father, uncles, sisters, cousins, etc) need to do a medical exam even though they plan to stay in the USA forever? There's no way they're going to agree to do any of that.

I will let someone else answer to your concerns above because I am not familiar with how US-Canada cases work exactly, but I can tell you for sure that the term "family members" for medical exam purposes only refers to children and spouses. If your wife had children, regardless of whether they are included in the application or not, they would have to submit their medicals as well. No other family members/relatives need to complete it.
I hope this helps a bit.

 

[PaperLantern]

I will let someone else answer to your concerns above because I am not familiar with how US-Canada cases work exactly, but I can tell you for sure that the term "family members" for medical exam purposes only refers to children and spouses. If your wife had children, regardless of whether they are included in the application or not, they would have to submit their medicals as well. No other family members/relatives need to complete it.
I hope this helps a bit.

That makes sense! We don't have children (just cats) so it looks like we won't have to complete that. I was really confused about having to get every family member checked medically but now that you've explained it, it makes more sense.

 

[Linda_s74]

Also, I read this on the website "All of your family members need to pass a medical exam, even if they aren’t applying to come to Canada with you. Failure to declare and have family members examined will affect your application, and you will be unable to sponsor them in the future."

What? So all of my wife's family (mother, father, uncles, sisters, cousins, etc) need to do a medical exam even though they plan to stay in the USA forever? There's no way they're going to agree to do any of that.

I can't comment on how ircc sees past criminal record but I can help you out with the rest.
2) Nope
3) is she currently living with you in Canada? If so then you can apply inland with owp and (provided your application is not returned before the trp expiry) she will be under "implied status".
4) why was she turned around?
5) if she is here with you and you are married you *must* be living together or otherwise prove why you are not living together and provide evidence of contact.
6)12 months is standard. If the application is complex it can take longer.
7) see the definition for family member in the guide.. it's just her dependents I believe
Hope this helps!

 

[scylla]

My wife is an American citizen and I'm a dual citizen. We currently both live in Canada together because she had a TRP for inadmissibility that allowed her to remain in Canada for the duration of her TRP. It was multiple entry so she could still go to work and school in the USA. We finally got her rehabilitation! She had been charged with misdemeanour shoplifting when she was 19 (a shirt from a mall). So, now we are a couple of days away from sending out for the sponsorship/PR. I'm a nervous wreck. Her TRP is about to expire and we went to ask questions at a border crossing and we were told to return when there's an immigration officer and bring proof that we sent her documents, proof of rehab, proof of marriage, etc. and it's up to the individual officer if the TRP will be renewed. They also said sponsorship might take as long as 24 months. So, here are my questions and I apologize if I seem anxious and scared. It's mostly because I am.

1. Can they still deny my wife PR because of the shoplifting incident if she has a rehabilitation approval letter? Can they deny her just because they feel like it? What if we get an officer who doesn't approve of homosexuality can he or she just decide to deny my wife's PR application?

2. Will it hurt the PR decision that she is still a student? She currently works as a waitress and she's finishing up her degree in zoology in the USA.

3. If the TRP renewal is denied, is there another route we could take so that she can live with me in Canada? I bought a house here a year ago and I'd really like her to be here with me while we wait.

4. Last year, my wife was turned around at another border crossing even with the TPR. She signed some sort of document that said she would agree to turn around. Does this count as refusal of admission? I ask because we checked off "yes" on the form that asked if she had ever been refused admission to Canada.

5. Since she has been living with me here on a TRP for a year do I put that we have the same address on the forms? Or, do I use her USA address since she still has a US residence (although she's never there)?

6. Is 24 months standard or is it possible that it will take less time?

1. No - they won't deny for this reason.
2. No - it shouldn't hurt the decision at all.
3. She would need to leave Canada if the TRP is refused. Since rehab has been approved, she can re-enter as a visitor based on her passport. If the TRP is refused, recommend she remain outside of Canada for a few months before re-entering.
4. Yes - she was refused entry. Yes - you must answer "yes".
5. Canadian address.
6. Should take 12 months but perhaps your application could take longer since it's not entirely straight forward due to the rehab and TRP.

 

[WYWH]

That makes sense! We don't have children (just cats) so it looks like we won't have to complete that. I was really confused about having to get every family member checked medically but now that you've explained it, it makes more sense.

I am pretty sure they managed to confused everyone with that. I remember reading that part over and over and over again and I still was not completely sure that I understood. CIC has a way of complicating things way too much instead of simplifying to avoid mistakes because that just creates more work for them and more delays for applications etc.

Stay positive and good luck with your app. I hope it all works out well.

 

[kcward7]

It's why they have a glossary: http://www.cic.gc.ca/english/helpcentre/glossary.asp

 

[PaperLantern]

I can't comment on how ircc sees past criminal record but I can help you out with the rest.
2) Nope
3) is she currently living with you in Canada? If so then you can apply inland with owp and (provided your application is not returned before the trp expiry) she will be under "implied status".
4) why was she turned around?
5) if she is here with you and you are married you *must* be living together or otherwise prove why you are not living together and provide evidence of contact.
6)12 months is standard. If the application is complex it can take longer.
7) see the definition for family member in the guide.. it's just her dependents I believe
Hope this helps!

Yes she's currently living with me under the TRP. But, the issue is that the TRP is set to expire in almost two weeks. If I send it this week, and then the TRP isn't renewed, wouldn't that be misrepresentation because I said she has a TRP on the sponsorship application?

As for applying inland, is the processing time way longer?

 

[np08]

Yes she's currently living with me under the TRP. But, the issue is that the TRP is set to expire in almost two weeks. If I send it this week, and then the TRP isn't renewed, wouldn't that be misrepresentation because I said she has a TRP on the sponsorship application?

As for applying inland, is the processing time way longer?

It wouldn't be misrepresentation as you're sending it when she has it. It doesn't matter when it expires - it asks you what your current status is, not what it will be in a week or a month. Plus there should be a field there that asks when said status is expiring.

 

[Linda_s74]

Yes she's currently living with me under the TRP. But, the issue is that the TRP is set to expire in almost two weeks. If I send it this week, and then the TRP isn't renewed, wouldn't that be misrepresentation because I said she has a TRP on the sponsorship application?

As for applying inland, is the processing time way longer?

Dame as above poster said
Outland for US applicants is supposedly faster, but if TRP is refused then she might have to go back to US while the app is processing.

 

[PaperLantern]

So if I apply inland and TRP is refused for renewal does she still have to go back to the US while the app is processing? Should we apply for a work permit too? Sorry for all the questions!

 

[Linda_s74]

So if I apply inland and TRP is refused for renewal does she still have to go back to the US while the app is processing? Should we apply for a work permit too? Sorry for all the questions!

You can apply inland *with OWP* and she can stay in Canada, as long as you apply before TRP expires (And not sent back for missing signatures/documents - if it is sent back and TRP is refused she must leave and you can only apply outland after)
She won't have to leave if the inland app is accepted but TRP refused if you apply with OWP as this will give her implied status
Or you can apply outland - if TRP is approved she can stay, if TRP is refused she must leave but the app will still process outland.

 

[Torablack]

I am wondering if you applied inland now with valid status in which during the processing time she falls out of status, will that be a problem? I can't see why or how that will hurt you. There are many cases where out of status applicants still remain in Canada and get their application approved. If CBSA gets involved, wouldn't they wait for the outcome of the application?

 

[PaperLantern]

Ugh, another question. Thanks so much for the information so far guys it's been a big help!

The inland application asks for documents proving that she lives here in Canada. All I have is a TRP. We didn't put her name on anything (mortgage, bills, etc.) because she is a temporary resident and not permanent so she can't have Canadian car insurance or anything. We were told to use her US address for everything. So now I face a big problem because her name isn't on the mortgage or really anything. Her name is on my work insurance but that doesn't show that she actually resides with me. She's also an authorized user on our cellphone account (we both have Canadian cellphones through Rogers and we are on the same plan). I'm going to be adding her to my bank account (joint account) tomorrow but other than that there's nothing I can do.