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common law sponsorship

shaunryder

Member
Nov 2, 2011
18
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My wife has been living illegally in Canada for 3 yrs. I am trying to sponsor her inland so she doesn't have to return to the states. In this process, it has come up that our marriage (which took place in the US) is not valid as when her ex-husband told her they were annulled, it was untrue. Should we first invalidate the marriage in the States before applying for sponsorship? She fears the cbsa may be looking for her I have heard that it's best to get the sponsorship application in before she gets a removal letter?
 

Kedeisha

Champion Member
Apr 15, 2011
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well you can sponsor her as common law since u have been living together and then u can figure out her married and not married to her ex husband after, however given that she has no status in Canada might not look favourable on ur application. If you do not wanna be seperated inland is better, however keep in mind if they dont approve the application due to her overstaying u need to reapply outland
 

shaunryder

Member
Nov 2, 2011
18
0
Can i put in an application myself or do i need an attorney? And will they send a removal letter or will RCMP come to our door and arrest her?
 

Kedeisha

Champion Member
Apr 15, 2011
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you can do an application yourself or should you feel u need an attorney u can personally I wouldn't get an attorney because if there is a removal order the likelihood of them overturning that without it costing u an arm and a leg is very slim so why not take the chance and do it yourself orrrrr you can have her return to the USA and process the application and since she didnt technically get a deportation order or got deported maybe she won't need and ARC and she can still be processed within a timely manner
 

shaunryder

Member
Nov 2, 2011
18
0
Is there a way to find out if there is a removal order? We are working with a lawyer now to file marriage invalidation, which seems like that in itself will take some time :(