Candian wife getting deported

[Honest Rob]

Hi, I'm an American married to Canadian wife. She is probably going to get deported when she goes before a judge and I want to go to Canada with her. We were married in the states when she was 17 and have been married for 46 years. She has lived in the states since she came with her parents in 1971 apparently illegally. She never applied for green card because we were young and stupid then later afraid.

She apparently checked a box when getting a drivers license saying she was a U.S. citizen and even voted once over 20 years ago. She nor I have ANY criminal record. We are so scared as she has no relatives alive in Canada that she knows of, surely none that would allow her to live with them. She has been here in the states her entire adult life, married to me a U.S. citizen for 46 years.

Question is can I come and live in Canada with her? I do not want to work as I'm retired collecting my Social Security. We have a decent nest egg and about 2500 a month income. She may or may not work. We are planning on selling our home here packing up our stuff and move to Canada. I have a U.S. passport but all she has is her Canadian Birth Certificate.

Can I apply once inside Canada for PR. I read I can apply for visitor extension.

We are old now, i'm 68 and she is 63. We have never been apart and don't want to start now. Please help advise me. Oh, we may have another 6 mths before she gets the boot so i have some time.

 

[Alurra71]

I suggest you get started on an outland sponsorhip package ASAP. Your wife can sponsor you, since she is a Canadian citizen. You won't be able to just pack up all your belongings and move to Canada if she is 'deported'. If you get started now, you can likely submit the application before the 6 months are up and then you'll have at least that to show them at the border. She can bring all her belongings moving back to Canada, you can not as you have no status here.

You two will need to show a 'plan' for how you will live once you are granted PR. Your retirement income and the 'nest egg' will contribute to this plan. They will want 'proof' of her intent to return to Canada so you'll need to get detailed and specific about how and why she is going to return. It is a bit of a daunting task to get started but can be done entirely by yourself and her.

Provided that you do not have a criminal record you can complete the process in as little a 12 months. I would guess even sooner since you guys have been married for such a long time.

 

[scylla]

It's really too bad she claimed US citizenship. That's really the nail in the coffin - and as I'm sure you know, a lifetime ban from the US. She's not going to be able to return to the US again once she leaves.

Agree with the advice above, file an outland application asap. Details here:

http://www.cic.gc.ca/english/information/applications/spouse.asp

 

[Honest Rob]

Thanks so much for your advice, both of you. I can't be without her, I'm sick and scared. We would move almost anywhere to stay together.
I will start planning soon but it is all very confusing to me and her.

 

[meyakanor]

Before you leave the United States, I suggest you consult an immigration attorney about your wife's condition. Claiming US citizenship is a very serious offence, and if she did this offence on or after September 30 1996, there would be no waiver available, but understand that, the moment you leave the country, she will never be admitted back.

 

[Honest Rob]

What if they decide we dont have enough income and savings? I mean what will it take, are their guidelines. Is 320k and 2400 mth going to fly?
She can not get her U.S. social security and she has no green card, permanent resident status here. Wonder if she can still get her U.S. Social Security once she moves there as U.S. Canada have Totalization agreement on that.

 

[Honest Rob]

Before you leave the United States, I suggest you consult an immigration attorney about your wife's condition. Claiming US citizenship is a very serious offence, and if she did this offence on or after September 30 1996, there would be no waiver available, but understand that, the moment you leave the country, she will never be admitted back.

Reply - she voted once in the Nov 1996 election. I think that was when she may have signed something about U.S. citizen. at my encouragement, she gave them a ID they said sign here and gave her a ballot.

Are you saying that if she did it on Nov 1996 they have no choice but to deny her i-485 and deport her?

 

[meyakanor]

Reply - she voted once in the Nov 1996 election. I think that was when she may have signed something about U.S. citizen. at my encouragement, she gave them a ID they said sign here and gave her a ballot.

Are you saying that if she did it on Nov 1996 they have no choice but to deny her i-485 and deport her?

Unfortunately, they have to draw the line somewhere, and that line was drawn at September 30 1996 for false claim of US citizenship.

Your situation is extremely complicated, and I strongly suggest you consult a very competent lawyer to explore your option. Your wife can't adjust (485), she's inadmissible, and potentially, she can't even be waived, but still, consult a lawyer, unless you're dead set on settling in Canada and you and she are completely fine with her not being able to ever come back to the US.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartK-Chapter2.html#S-C

About sponsoring from outside Canada, typically Canadian citizens and their sponsored spouses need to show intent to reside in Canada. Your wife being in removal proceeding would mean that it's extremelt likely that you would be compelled to leave the US and come back to Canada, so in principle, it should not be an issue.

And I don't believe there is an income requirement if you are only sponsoring your spouse, but please correct me if I am mistaken.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5482-instruction-fill-financial-evaluation-form-1283.html

Again, please seek professional advice about your wife's US situation though. Nobody here is an expert.

 

[scylla]

Reply - she voted once in the Nov 1996 election. I think that was when she may have signed something about U.S. citizen. at my encouragement, she gave them a ID they said sign here and gave her a ballot.

Are you saying that if she did it on Nov 1996 they have no choice but to deny her i-485 and deport her?

I agree you case is extremely complex and you need very good legal representation. Based on everything I've read, the false citizenship claim + vote means there's no chance of success and it's a lifetime ban with no option to appeal. It's possible you may be wasting money by appealing something that has no chance of succeeding.

Suggest you join the following US immigration forum:

https://immigrate2us.net/forum/forum.php

 

[Rob_TO]

What if they decide we dont have enough income and savings? I mean what will it take, are their guidelines. Is 320k and 2400 mth going to fly?
She can not get her U.S. social security and she has no green card, permanent resident status here. Wonder if she can still get her U.S. Social Security once she moves there as U.S. Canada have Totalization agreement on that.

I have no idea about her US situation, but from a Canadian point of view it should be relatively simple for you to go through the PR process. Basically you have 2 options:
1. She can sponsor you for PR while you are both currently still in the US. This is an OUTLAND application. Typical processing times for US citizens can be anywhere from 5 - 12 months. During the processing, you can go to Canada as a "visitor" at any time, though you just have to be careful that you don't show intent to MOVE to Canada until your PR is approved.

2. If you come to Canada as a visitor first, then you can submit an INLAND application. Typical processing time is around 1 year. Once you submit the PR application plus an Open Work Permit application, you can then live in Canada with your wife for duration of the process.

There is no income requirement to sponsor a spouse. So simply showing your savings/retirement income to support yourselves, should be sufficient.

You will also need to undergo a medical exam which includes blood work and a chest x-ray. They are only looking for medical conditions potentially dangerous to others, so you shouldn't have to worry about it.