I am in a big mess. Confused and don't know what to do from here on. Help

[lahore1990]

Got married in Pak and applied for my wife's sponsorship back in 2013. Wife's family had already applied for their green card and it was under process. Wife finally got her green card in 2015 and decided to move to US with her parents as it wouldve been easier for me to meet since Toronto isn't that far from NYC. My wife receives an email from Canadian high commission in Pakistan for an interview. My wife goes to Pak for the interview but during that time, we had some fights. She decided not to go for an interview. I was angry enough to email the canadian high commission and the London visa office to cancel her sponsorship. Things get normal between us and she goes back to US.

My lawyer tells me that the london visa office and the Canadian immigration will reject the case because she didnt go for the interview and on top of that, you emailed them to cancel the sponsorship. He advices me to re-apply as a new spousal sponsorship case from US, before the reject the first case. If they deny the case, than I wont be able to sponsor the same person again, be it from US or inland Canada or anywhere else.

I also find out that my wife stated her status as Single in her green card. If she had not stated her status as Single, she wouldve not received the green card in first place. Now if I sponsor my wife from US, the Canadian immigration wants to see the green card and theyll know that her status is Single. My lawyer tells me that she could get in trouble for misrepresenting the facts in her green card and she could end up losing her status in US. Also, I wont be able to sponsor her as the Canadian immigration won't allow me to sponsor her.

I am in a huge mess and have no idea what to do. Yes, we made some mistakes but there must be a way to get out of all this mess.

Basically, if i sponsor her from US, she has to attach US police record and her green card. Once the Canadian immigration goes through the record, theyll know that she isn't even married. THeyll reject the case and my wife will end up losing her green card as it falls under Misrepresentation of facts.
What are my options? Any help would be greatly appreciated. You can also PM me. Thanks and Good night

 

[Leon]

I have never heard that you can not re-apply to sponsor the same person even if they were denied the first time. Is this stated somewhere on the CIC website?

So are you saying that your 2013 application to sponsor your wife is still ongoing in spite of you withdrawing your sponsorship? I do not see how it would help starting a new sponsorship application from the US over applying again through Pakistan. Even if you apply through the US, immigration knows what happened with the first application, that she did not come for the interview and you withdrew your sponsorship. This is definitely a hurdle when it comes to sponsoring her. I think even if you applied again through Pakistan, they ask about her other nationalities or PR's and they would also see that she is single on her green card.

However, it is another matter alltogether whether Canada immigration would voluntarily share this information with the US without being asked. I am not sure that they would. However, it's a big risk to take for her green card.

As a green card holder, can she sponsor you to the US? In order to hide the fact that she misrepresented herself in the US which is already done and can not be taken back, you could re-marry and then she applies to sponsor you. They have some info on this here: http://www.apsanlaw.com/law-128.How-to-sponsor-your-spouse-for-a-Green-Card-if-you-are-a-Lawful-Permanent-Resident.html It looks like you would need a visit visa to the US in order to apply and you would have to stay in the US until you get your green card. This could be stressful and take a long time, who knows. In the meantime you would not be allowed to work. Staying outside Canada for too long, you would eventually lose your PR.

Another option, if she is willing to risk losing her green card, you can apply to sponsor her through the US or bring her to Canada and apply inland and see what happens.

 

[jairichi]

As far as I know there is nothing called remarrying for an already married couple. The only way it is possible is if you divorce and marry again. When you marry you need to sign a declaration that you are single at the time of marriage and how will you answer that question? As Leon had mentioned Canada will not voluntarily contact US authorities about this misrepresentation of fact as being single. But, when PR application is being processed by Canada they will scrutinize all documents thoroughly and in this case your spouse's GC as she is currently in US.

 

[fr33z3n]

As far as I know there is nothing called remarrying for an already married couple. The only way it is possible is if you divorce and marry again. When you marry you need to sign a declaration that you are single at the time of marriage and how will you answer that question? As Leon had mentioned Canada will not voluntarily contact US authorities about this misrepresentation of fact as being single. But, when PR application is being processed by Canada they will scrutinize all documents thoroughly and in this case your spouse's GC as she is currently in US.

I was informed that this loophole has been closed