Exclusion Order/ Temp Resident Visa/Spousal Sponsorship - OH MY!

[rhcohen78]

Hello,
I am a US citizen, and my boyfriend is a Canadian citizen. Last December I was issued an exclusion order for 1 year, and have since stayed away from Canada. We are ready to take our relationship to the next level and are planning the next stages in our life. As it is almost time for the exclusion order to be lifted, we are confused on how to do things “the right way” this time around. Here are my questions:
What type of entry should I be applying for next? Do I go for a temporary resident visa first THEN apply for a spousal sponsorship once that expires? Or do we just start with the spousal sponsorship? If we are married, will I be able to stay in Canada while the application is under review? Will I be free to come back to the US during this time to see family?

I am so confused and really don’t want to get into any more trouble with CIC and have our lives be put on hold again.

Thanks for any advice or resources you can share!

 

[Creampop]

What was your exclusion order for? If it was for misrepresentation it could be 2 years before you are allowed back in. being American you don't need to apply for anything to try and revisit Canada. If you are in-fact ready to take the next step in your lives and want to get married do it, it usually takes a week or two to get the marriage certificate, stay in the states send for you FBI they take anywhere from 6 to 12 weeks.(you can have the FBI mailed directly to your boyfriend in Canada this way you don't have to wait in the US) Have your medical done (use appendix C). Have your boyfriend pay the PR fee in a bank in Canada they give you a receipt right there actually they give you 2 one is sent in with the application. Once all that is done have your then Husband meet you or pick you up but he needs to cross with you. Let the IO know you are recently married and would like a Visitor's Record they will then send you into immigration (which no matter how you try to enter since you had an exclusion order will be sent in anyways) tell the IO inside you have all your information gathereed and are ready to send in your application, show marriage certificate, receipt that the PR fee's are paid. The IO will ask your husband if he is in-fact your husband and if he is willing to support you during the process. Of course it is up to the IO whether to let you in or not and he can control the length of you stay the visitor's record will give you a set amount of time 6months to a year but you can apply for an extension one month before your VR is to expire. this is how I got in, I never received a exclusion order but I do have 3 red-flags on my passport.

 

[rhcohen78]

thanks for the info. I don't think my exclusion order was given because of "misrepresentation" - at least it doesn't say that on the forms. it says it was given because "a foreign national may not enter canada to remain on a permanent basis without first obtaining a permanent resident visa". and i was only returning to the US for planned events and intended to stay through march. Also, at that time i had recently quit my job and lived with family, so it did not appear i had "strong enough ties" to the US. It clearly says i've been excluded for 1 year.

I'm curious if i will have trouble getting in to visit for the holidays if i have proof of employment and a lease agreement?

Would you happen to know of any organizations who deal with this and offer free/low-cost advice?

 

[Creampop]

Like I said I never had an exclusion order, but the 3 red-flags kept me busy going into immigration every time I crossed the border my husband and I have been together 13 years tho, just recently married, we have 2 children together so I crossed 4 to 6 times a month. I was always asked for a lease and pay stubs and they always wanted to know how I was going to get home so I started renting a car in buffalo and driving back and forth with the rental agreement it proved when I had to have the car back, a plane ticket, bus ticket could be changed or just not used and in my car it was what ever I wanted to do LOL a few times I was asked why I rented a car and I just said I didn't trust my car to drive the 1200 miles round trip... once the year is up you really have nothing to lose by trying. I mean what's the worse they can do? send you home. You must have really gotten a IO with a bad god complex that they gave you an exclusion order just like that, had you had problems before? hell one of my red-flags is cus my then boyfriend who is hard of hearing told the IO I lived with him I tried to explain to the IO that he was deaf and could only hear bits n pieces of a convo on the phone when she asked does your girlfriend live with you he didn't understand but instead of saying I'm sorry I didn't hear you because he has a problem with the fact he can't hear he said yea ok and she took that as a yes and sent me home. I withdrew my application to enter as they put it. but it's still on my file... anyways GL!

 

[tin0306]

exclusion order/spousal sponsorship

Hi! I'm under live-in caregiver program and just got my open work permit, right now my application for permanent residence is on going. When I applied my application for PR last December 2012 my status is single. Now here is my main concern, my boyfriend and I is planning to get marry but we have a problem he got his negative decision from federal court under Pre Remova Risk Assessment. They gave him exclusion order for 1year. Now he needs to go back home. What do we do get marry first before he go home or let him go ang get narry until my PR is done?

P.S. can I get marry before he go home but I will just let my status single and later on I will sponsor him if my PR I done? I'm just scared its gonna be a problem or delay if I will sponsor him while my PR is on process. Please help don't know what to do. I don't want to be far with him long time. We want the best decision to do to win time not to lose time.