Documents, spousal sponsorship

[um_confused]

Hello, everyone, i'd like to hear some feedbacks on my situation here. I am USA citizen, and my husband is Canadian citizen. Originally we are both from Ukraine. He is sponsoring me, i am gathering documents now for the application. We are applying inland, because we don't want to be separated and wait apart for months(years?) for my canadian PR status. I overstayed my visitor's visa few months ago.

I have a few questions ...

1. As i understand, all of the documents that are not in English or French should send to CIC with English translation attached. That means : original document + translation + an affidavit from the person who completed the translation. Is that right? Will i get my original document back? Or should I send a photocopy of the document with translation?

2. I was married twice before, and every time the last name was changed as it shown on each of my marriage certificates. I know, that i have to send photocopy of divorce of my previous marriage(s). Do i need to send photocopies of marriage certificates also?

3. Do i need to translate and send my college diplomas and my employment record book? They are not in the Document checklist. But of course there are questions regarding education and job history in the Schedule A Backround declaration... Do people, who are applying under family sponsorship class, send their diplomas or not?

Thanks in advance for taking time to write an answer.

 

[CharlieD10]

1. Official documents such as birth certificates and marriage certificates can be photocopy of the original document accompanied by the certified translated copy with the translator's seal. The police certificate MUST be original, and if it is translated then you submit the original foreign language document and the translation, not a photocopy.

2. Not necessary. You need to establish that you are legally married to your current spouse, and for that you need the divorce decrees to show that the previous marriages were ended.

3. Not necessary.

 

[um_confused]

Thank you, Charlie, for replying! I was hesitant about sending originals... I am still not sure about marriage certificates... If i will not send them, won't CIC be lost without explanation about last name changes? maybe I should translate and send anyway, just in case..
can I ask you another question? I just was reading the Document Checklist and found out that i have to Indication of status in Canada (e.g. visitor visa, study permit or work permit, temporary resident permit, including out of status documentation) Where should i find such documentation? My visa - is a stamp in my US passport, so I thought I would just send them photocopy of this page ...

 

[CharlieD10]

On the forms I do believe there is a place for applicants to indicate if they have ever used any other names. That is where you would put information about your previous married names. Remember that if there are more answers to a question on any form than there is space for the answers you need to put, you can always use an additional sheet of paper. Clearly indicate your name and DOB on that extra piece of paper, what question you are answering and the answer to the question.

Out of status documentation can include notification from CBSA regarding removal procedures, probably. If all you have is the stamp in your passport indicating you were expected to leave at a specific time and you have not done so, you may send that in.

 

[parker24]

Just so you know, Outland is usually faster. Inland is longer. Just in case you didn't know that.

 

[um_confused]

On the forms I do believe there is a place for applicants to indicate if they have ever used any other names. That is where you would put information about your previous married names. Remember that if there are more answers to a question on any form than there is space for the answers you need to put, you can always use an additional sheet of paper. Clearly indicate your name and DOB on that extra piece of paper, what question you are answering and the answer to the question.

Thank you. I just put both previous names in the same space on the form. But i think its better to do it the way you've described.

Out of status documentation can include notification from CBSA regarding removal procedures, probably. If all you have is the stamp in your passport indicating you were expected to leave at a specific time and you have not done so, you may send that in.

Actually there is only one date on this stamp - date of entrance. Later I found out that i can only stay 6 months as a visitor.

 

[um_confused]

Just so you know, Outland is usually faster. Inland is longer. Just in case you didn't know that.

Thanks for writing, Parker. Yes I knew that. But as I understand, to apply Outland I'd have to live in the US during the whole processing time. It would be painfully depressing for both of us. We already been waiting for each other in the past. So we are together, but of course, there is disadvantages in our situation.... I am not sure, if I can be granted a work permit after my sponsor will be approved, does someone know, is that possible?

 

[Occasita]

You do not HAVE to live in the US if you are doing an outland application -- my husband and I are doing the Outland route, while he is in Canada on a Student Visa.

 

[tinytortoise]

Occasita is right, I am going to apply outland and visit my husband for 6 months, when that is up, if I do not have PR then I will apply for an extension. From what I've read on the forum it's a fairly easy process.

 

[parker24]

Thanks for writing, Parker. Yes I knew that. But as I understand, to apply Outland I'd have to live in the US during the whole processing time. It would be painfully depressing for both of us. We already been waiting for each other in the past. So we are together, but of course, there is disadvantages in our situation.... I am not sure, if I can be granted a work permit after my sponsor will be approved, does someone know, is that possible?

You both can be wherever to apply outland. Canada, States, Timbucktoo haha. Just as long as you are legal in Canada (Visitor's Status)

 

[um_confused]

We were thinking about student visa, but due to hard financial situation, I cant afford to be a student.
tinytortoise, I wish I knew before I overstayed my status, that get an extension of the visa is easy. I thought they would definitely refuse me, they would assume that my intentions are to immigrate... Will you have to present an explanation why do you need extension?

 

[NBaker]

Unless there has been a change, very recently, to apply from a country where you are not present or do not have status from within Canada is not possible.

One must have status in the country from which they apply for a minimum of ordinarily a year.

um_confused if you are out of status, an overstay and know this you tread on thin ice. While it is possible to be approved in Canada through a spousal application while out of status, if you are out of status there is nothing to prevent CBSA from arresting you for that, writing a report and issuing a removal order - an exclusion order. Depending upon the stage of the in Canada application you could be removed from Canada. The only point at which enforcement action should not proceed is where an approval in principle is granted. Up to that point there is no protection from enforcement action at all.

 

[parker24]

We were thinking about student visa, but due to hard financial situation, I cant afford to be a student.
tinytortoise, I wish I knew before I overstayed my status, that get an extension of the visa is easy. I thought they would definitely refuse me, they would assume that my intentions are to immigrate... Will you have to present an explanation why do you need extension?

Yes you would. My husband has applied twice for extensions, both times we have said we were applying for me to sponsor him.

 

[frege]

Um_confused,

I'm not sure what's best in your situation. It's not clear to me to what extent your legal status would affect your application, whether in Canada or outside Canada. However, here is some information about in-Canada spousal sponsorships for people who are out of status.

Refer to the following CIC manual at p. 36 and pp. 53-67.

http://www.cic.gc.ca/english/resources/manuals/ip/ip08-eng.pdf

This situation seems very tricky, so it might be worth consulting an immigration lawyer. Perhaps someone who's been a member of the forum longer than I have will know if there have been discussions of how to find a good, affordable lawyer. I doubt a one-hour consultation would be too expensive.

 

[frege]

Unless there has been a change, very recently, to apply from a country where you are not present or do not have status from within Canada is not possible.

One must have status in the country from which they apply for a minimum of ordinarily a year.

um_confused if you are out of status, an overstay and know this you tread on thin ice. While it is possible to be approved in Canada through a spousal application while out of status, if you are out of status there is nothing to prevent CBSA from arresting you for that, writing a report and issuing a removal order - an exclusion order. Depending upon the stage of the in Canada application you could be removed from Canada. The only point at which enforcement action should not proceed is where an approval in principle is granted. Up to that point there is no protection from enforcement action at all.

I think there are usually several steps before you reach actual deportation. They certainly give you a chance to leave voluntarily first. But I agree that this sounds like it would be a potential pitfall.

If you're a citizen of the United States, you can always apply through the visa office in the United States, whether or not you live there. Paragraph 11(1) of the Immigration and Refugee Protection Regulations reads as follows:

11. (1) An application for a permanent resident visa — other than an application for a permanent resident visa made under Part 8 — must be made to the immigration office that serves
(a) the country where the applicant is residing, if the applicant has been lawfully admitted to that country for a period of at least one year; or
(b) the applicant's country of nationality or, if the applicant is stateless, their country of habitual residence other than a country in which they are residing without having been lawfully admitted.