HELP! My husband got deported, did not inform immi ,cross u.s border illegally

[canuck_in_uk]

canuck_in_uk----- who are you to say he did a false refugee case, we been together for 3 years. there's reasons why his refuge case was denied . i understand its a long road ahead one thing is for sure our relationship is genuine its not fake.

His refugee claim was refused by CIC because it wasn't real. CIC has determined that he is not a refugee, therefore he filed a false claim to try and stay in Canada.

I never said your relationship was fake. I said you face an uphill battle proving that to CIC because of his choices.

Actually, canuck_in_uk DID say that it was a false refugee claim...for some reason. ??

Maybe, it was meant to say "a failed refugee claim"?

No, I meant false. In my opinion anyone who submits a refugee claim and is determined to not be a refugee has filed a false claim.

 

[Ponga]

No, I meant false. In my opinion anyone who submits a refugee claim and is determined to not be a refugee has filed a false claim.

Ah...so you're of the belief that CIC never gets it wrong?

 

[mikeymyke]

Regardless of whether the refugee claim was a false one or a failed one, the outcome is still the same, that is they've determined the OP's husband is not a genuine refugee. A genuine refugee, would under no circumstances, return to his/her country for any reason if they're that fearful for their life, even if to return to their country for the CIC interview.

Maybe it would be nice if the OP shared the full story of his background. A true refugee is one whose life is in danger due to his/her race, religion, sexual orientation, etc, and the government or police refuse to help them out. Who knows, maybe the OP's husband really is fleeing for his life, but just lacks evidence. Or he's in a situation that's not really deemed a true refugee situation, but thinks he is.

I think they'll have themselves a bit of a problem in that when they apply outland, the husband will get an interview guaranteed, and it will likely be held in his home country. He can't really attend the interview since he's too fearful to return there, so if you don't attend the interview, it's an automatic refusal. However if he does attend the interview, the interviewer will ask, "Well if you're so scared of coming here, why are you even here now?". Genuine refugees will never under any circumstances, return to their home country for any reason.

 

[jomz]

Regardless of whether the refugee claim was a false one or a failed one, the outcome is still the same, that is they've determined the OP's husband is not a genuine refugee. A genuine refugee, would under no circumstances, return to his/her country for any reason if they're that fearful for their life, even if to return to their country for the CIC interview.

Maybe it would be nice if the OP shared the full story of his background. A true refugee is one whose life is in danger due to his/her race, religion, sexual orientation, etc, and the government or police refuse to help them out. Who knows, maybe the OP's husband really is fleeing for his life, but just lacks evidence. Or he's in a situation that's not really deemed a true refugee situation, but thinks he is.

Based on prior posts her husband is Albanian, likely of Muslim faith, she is St.lucian of Caribbean decent, likely Christian. So I can only imagine that her husband fears his family's backlash for marrying outside of the "cultural norm".

it is very likely your husband may need to return to his home country sometimes during the processing. I will be honest, a failed refugee claim, red flags such as different culture/religion will negatively influence the processing of his application for PR via spousal sponsorship. no one can say what the outcome will be, all you can do is just be optimistic and obtain good legal representation for him.

 

[Aquakitty]

You need to plan to live in another country together if you want any hope of reuniting in Canada. Don't waste your time applying now, go live together LEGALLY in another country for a few years.

 

[canadianwoman]

It is not enough for your husband to have a lawyer in the USA or in his home country. You need an immigration lawyer in Canada to help you with this application. The case is very complicated. To overcome the red flags in the case, you need to submit a lot of proof that your relationship is genuine.

I also think it would be a good idea to go live with him in another country for a while, if at all possible. This is not necessary, but would help your application.

 

[mikeymyke]

It's going to be a pretty tall order to ask the OP to live in a completely different country for a few years. For one, both will have to find jobs and housing from scratch. Her husband might still have left most of his documents back home. Not to mention language barrier. Also depending on the country, they might not just simply let someone enter and stay indefinitely, might have to meet some requirements to be able to remain in the country. Well I guess it depends on what country.

Also with his immigration record, you can count him out of staying in the UK, Australia, Western Europe, etc.

 

[canadianwoman]

Well, if it is not possible, or possible but too difficult, they can try submitting with what they have. Staying together outside of Canada is certainly not necessary, but might help show the relationship is genuine.

If they want to try sponsoring now, well, it is possible. Cases like theirs have succeeded. It sounds like they should have quite a lot of evidence, since they have been together for years and have lived together.

 

[mikeymyke]

Well, if it is not possible, or possible but too difficult, they can try submitting with what they have. Staying together outside of Canada is certainly not necessary, but might help show the relationship is genuine.

If they want to try sponsoring now, well, it is possible. Cases like theirs have succeeded. It sounds like they should have quite a lot of evidence, since they have been together for years and have lived together.

Well also remember that CIC has changed the rules. Before it used to be they have to prove either the relationship is not genuine AND the marriage was done for immigration. Now they just have to prove one or the other to refuse the application. They might have a hard time proving he's not marrying for immigration considering hes already had a failed refugee claim, marries a Canadian, and now being detained in the US

 

[CanadianAlien]

I have a friend who has a chinese wife, he is a fairly wealthy Canadian (by wealthy i mean 240,000 annual income) with his own Trucking business (3 trucks on the road), when they married 7 years ago it was in Las Vegas and at the time his spouse had over-stayed a working visa in the US by 3 days (for the wedding), she was not caught, got on the plane after the wedding back to china (my understanding is they met through a mutual friend and a relationship developed over the entire period of the visa while she worked in the USA). Their first application for outland sponsorship was denied under the grounds of overstaying in the US and if they let her into Canada she would not go back if everything failed...on those grounds they judged the marriage for immigration and non genuine relationship. They appealed...refused....took it to the courts....refused...one VO recorded their opinion that the marriage is bogus, and since then that is read out again and again in court and treated like concrete facts. The marriage is, as I said 7 years old now, he flies to China every 2-3 months (as of course CIC will not give her a TRV), everyone who knows the couple knows it's genuine, they just filed their second PR application outland, hoping for a more favourable outcome under liberal leadership. He has bought her a house in china and pays for her and their child's every needs.....all with the paperwork, and lawyers, and immigration experts too back it up.....if he can't get his wife in and all she did was overstay a visa for 3 days...take the hint....SEEK LEGAL ADVICE!!

 

[Aquakitty]

I have a friend who has a chinese wife, he is a fairly wealthy Canadian (by wealthy i mean 240,000 annual income) with his own Trucking business (3 trucks on the road), when they married 7 years ago it was in Las Vegas and at the time his spouse had over-stayed a working visa in the US by 3 days (for the wedding), she was not caught, got on the plane after the wedding back to china (my understanding is they met through a mutual friend and a relationship developed over the entire period of the visa while she worked in the USA). Their first application for outland sponsorship was denied under the grounds of overstaying in the US and if they let her into Canada she would not go back if everything failed...on those grounds they judged the marriage for immigration and non genuine relationship. They appealed...refused....took it to the courts....refused...one VO recorded their opinion that the marriage is bogus, and since then that is read out again and again in court and treated like concrete facts. The marriage is, as I said 7 years old now, he flies to China every 2-3 months (as of course CIC will not give her a TRV), everyone who knows the couple knows it's genuine, they just filed their second PR application outland, hoping for a more favourable outcome under liberal leadership. He has bought her a house in china and pays for her and their child's every needs.....all with the paperwork, and lawyers, and immigration experts too back it up.....if he can't get his wife in and all she did was overstay a visa for 3 days...take the hint....SEEK LEGAL ADVICE!!

Well, I'm inclined to think there were more reasons for the refusal than just an overstayed visa, but I do agree the OP's situation isn't good and legal advice (good legal advice) is a smart move.

Staying together or at least having some long visits together will help show he's not just desperate to stay in Canada. The relationship should be more important than the immigration part, that's what they want to see.

 

[mikeymyke]

I have a friend who has a chinese wife, he is a fairly wealthy Canadian (by wealthy i mean 240,000 annual income) with his own Trucking business (3 trucks on the road), when they married 7 years ago it was in Las Vegas and at the time his spouse had over-stayed a working visa in the US by 3 days (for the wedding), she was not caught, got on the plane after the wedding back to china (my understanding is they met through a mutual friend and a relationship developed over the entire period of the visa while she worked in the USA). Their first application for outland sponsorship was denied under the grounds of overstaying in the US and if they let her into Canada she would not go back if everything failed...on those grounds they judged the marriage for immigration and non genuine relationship. They appealed...refused....took it to the courts....refused...one VO recorded their opinion that the marriage is bogus, and since then that is read out again and again in court and treated like concrete facts. The marriage is, as I said 7 years old now, he flies to China every 2-3 months (as of course CIC will not give her a TRV), everyone who knows the couple knows it's genuine, they just filed their second PR application outland, hoping for a more favourable outcome under liberal leadership. He has bought her a house in china and pays for her and their child's every needs.....all with the paperwork, and lawyers, and immigration experts too back it up.....if he can't get his wife in and all she did was overstay a visa for 3 days...take the hint....SEEK LEGAL ADVICE!!

Thanks for sharing this story. However I feel like there's more to this than just a simple overstay (not implying ur friend's marriage is bogus). Overstays generally arent a big deal if the rest of the marriage seems solid, especially with such a short overstay like 3 days

Do they have a big age difference? Does one have kids and the other not? One a divorcee the other not? One is more highly educated than the other? Both from different cultural backgrounds? Why get married in Vegas instead of at her hometown with a traditional ceremony with everybody's parents in attendance? Did they get married after a short courtship?

 

[CanadianAlien]

No in my opinion, and only in MY opinion, they loved each other and worried that the distance of her going home would suddenly change EVERYTHING and rushed into the vegas wedding without either family even knowing or attending, etc etc...the part about them seizing on the overstay is genuine, thats the reason given for refusal and not allowing her into the country (to this day, despite her NEVER having broken Canadian Immigration laws..not even allowed for a one week visit) although until I really got to know them (well as much as you can get to know someone elses spouse through skype "hellos") even I thought "come on, her visa's just expired and you guys rushed through a wedding..something's not right"...same age, same education levels, even their umm looks don't separate them, they both "fit" as a couple (by that I don't mean one being beautiful, and the others photo used on the mantelpiece to keep kids away from the fire).

Their problem was, unlike us, they had not researched what CIC want to see, or expect to see and present just that, and instead allowed love to let them make some dumb decisions, instead of thinking about the PR application down the line, and those decisions have been coming back to bite them in the ass ever since.

In my humble opinion.

I still maintain to the OP...SEEK LEGAL ADVICE

 

[jess2027]

Thank you everyone for the help. . my husband is stuck now his scared to go back home he understands what he needs to do but his scared he will go and get denied to come to Canada. its not easy obviously he was scared that's why he didn't go back to his home country what will happen if he does go back and doesn't get approved we will get a lawyer he has one now.

we still have our sponsor papers in process for inland when he was in Canada . his bullshit x lawyer wants money to bring me back apparently u get 500$ once its returned.

everything is very stressfull for my husband who is very young and myself also.

 

[canadianwoman]

Yes, now that he is out of Canada, the inland sponsorship is over. You might as well cancel it - you should get some of the fees refunded.