I am a Canadian citizen and I married a Mexican woman. We were married in July of 2009, and CIC began processing her Spousal class PR application in November 2009. My wife gave birth to our son in December 2009. This was very costly as there were complications and my wife needed to undergo an emergency C-section. BC's medical would not cover any portion of the medical expenses that applied to my wife so I payed around $6000 total for the hospital and doctors. As well, my wife's experience here with giving birth and her recovery afterwards was a bad one. I needed to work and there was nobody to help her. She battled with post-partum depression as well.
My wife first came to Canada as a tourist to see Vancouver in August 2008. We met in December 2008. We began dating in January 2009. She moved in with me in February. In April we found out that she was 1 month pregnant. In May, she went back to Mexico to receive care from her family physician as she developed an infection that was dangerous to the fetus. We had tickets for her to return to Canada on around July 25th or so (I can't remember exactly). On Monday, July 13th, CIC announced that Mexican citizens were no longer allowed to enter Canada without first obtaining an entry Visa. They would allow a 48-hour grace period (before midnight on Wednesday July 15th) for the last Mexican travellers to enter Canada without a visa. We frantically tried to find a flight for her and finally found one that would land her in Vancouver on the 15th at 10pm. Unfortunately once the plane landed, Customs officers held every Mexican in their offices for "interviews". My wife was held and questioned for five hours. The Gatekeepers continually pressed her, asking "You want to come to Canada and stay, don't you. You have no intention of ever leaving?" "You just want to come here to live a better life, don't you?" "You liked it so much here last time that you are going to stay forever?"
She did not tell them she was pregnant with my son or that she did not intend to leave. How could she? They would load her back up on a plane and send her back. She told them she was here to attend the birthday celebration of a friend who had become very dear to her during her previous stay. In the end, they gave her a 15-day Temporary Resident Permit.
I had planned to propose to her on the weekend after her arrival, but this 15-day expiry date on our relationship pushed that ahead. I proposed to her immediately and we were married that Sunday (the 19th) by a Marriage Commissioner.
I admit that in the beginning we did not take this immigration process as seriously as we now know we should have. We believed that because we were married, it was a foregone conclusion that my wife would quickly receive Permanent Residence. My wife has a few friends from Mexico who married US Citizens and receive CITIZENSHIP within 6 months. We were told that the processing time for PR was about 8 months.
8 months into the wait, we received a letter stating that my wife's application has been transferred to the local office in Vancouver for further review. I looked into it and this usually adds 5 months to the process. Fine, it will be done before year's end in 2010.
Fast-forward to October 2010. My wife and I decided to have another baby. After all, we are already 11 months into our waiting period: how much longer can they really take? This time we agree that the baby will be born in Mexico. There we have access to better doctors and private clinics for less than the price we paid for Canada's 'free' public system. Also my wife will have her whole family to help, especially her mother.
Months pass and we still haven't heard anything. It's now 2011 and we are getting worried. We are still resigned to have the baby born in Mexico. On April 15th my Wife, my son and I left for Mexico. I spent a week there with them getting them settled and then I returned to Canada because I needed to continue working to support them while they stayed there. We are ready to begin an Outside of Canada application as we are sure that her TRP will not allow her to return.
One week after my return to Canada, I receive a letter from the Vancouver CIC office requesting my Wife and I for an interview on the 17th of May. Really!? NOW?!!!!
I called CIC's ever-expediant call-waiting center and eventually got to speak with an agent. I asked what I should do in this situation, since my wife would not be able to attend the interview because she was in Mexico. The lady assured me this was not a problem. I was informed that all I needed to do was send the local office a letter from my wife stating that she could not attend and the reason why, with supporting documents showing that she was in Mexico receiving medical care. She would also need to indicate when she was going to return and then the interview would be postponed until such time. I should have asked the agent's name.....
I faxed over all of the information that I was told to.
After a year and a half of waiting and hearing next to nothing from CIC I received an almost immediate response:
"This letter refers to your application for permanent residence from within Canada as a member of the Spouse or Common-law partner in Canada Class.
Regulation 124(a) of the IRPA requires that in order to qualify to become a member of the Spouse or Common-law partner in Canada Class you must demonstrate that you 'are the spouse or common-law partner of a sponsor and that you cohabit with your sponsor in Canada'.
Since you are currently in Mexico and no longer cohabiting with your sponsor, we have refused your in-Canada application for permanent residence and closed your file."
Now I had expected this before we had left for Mexico, but I was told specifically by someone at CIC to send the info that I did and that the application would remain open until they could interview her!
I'm really very exhausted by all of the misdirection and misinformation that I receive from CIC. I cannot afford to have a lawyer take care of our case but I need help. I just returned this weekend from a 2 1/2 week trip to Mexico for our daughter's birth. She's so beautiful. But unless I move to Mexico myself, I will not be able to live with my family for a minimum of a year. They tell me an outside of Canada application will take from 8-12 months, which I now know means 2 years in CIC speak. We were prepared for this initially, but we were given the confidence that we would be together sooner with the In Canada application remaining open.
Does anyone know how I can have this decision overturned or who I can speak to to discuss more favourable options than a two year separation from my family?
My wife first came to Canada as a tourist to see Vancouver in August 2008. We met in December 2008. We began dating in January 2009. She moved in with me in February. In April we found out that she was 1 month pregnant. In May, she went back to Mexico to receive care from her family physician as she developed an infection that was dangerous to the fetus. We had tickets for her to return to Canada on around July 25th or so (I can't remember exactly). On Monday, July 13th, CIC announced that Mexican citizens were no longer allowed to enter Canada without first obtaining an entry Visa. They would allow a 48-hour grace period (before midnight on Wednesday July 15th) for the last Mexican travellers to enter Canada without a visa. We frantically tried to find a flight for her and finally found one that would land her in Vancouver on the 15th at 10pm. Unfortunately once the plane landed, Customs officers held every Mexican in their offices for "interviews". My wife was held and questioned for five hours. The Gatekeepers continually pressed her, asking "You want to come to Canada and stay, don't you. You have no intention of ever leaving?" "You just want to come here to live a better life, don't you?" "You liked it so much here last time that you are going to stay forever?"
She did not tell them she was pregnant with my son or that she did not intend to leave. How could she? They would load her back up on a plane and send her back. She told them she was here to attend the birthday celebration of a friend who had become very dear to her during her previous stay. In the end, they gave her a 15-day Temporary Resident Permit.
I had planned to propose to her on the weekend after her arrival, but this 15-day expiry date on our relationship pushed that ahead. I proposed to her immediately and we were married that Sunday (the 19th) by a Marriage Commissioner.
I admit that in the beginning we did not take this immigration process as seriously as we now know we should have. We believed that because we were married, it was a foregone conclusion that my wife would quickly receive Permanent Residence. My wife has a few friends from Mexico who married US Citizens and receive CITIZENSHIP within 6 months. We were told that the processing time for PR was about 8 months.
8 months into the wait, we received a letter stating that my wife's application has been transferred to the local office in Vancouver for further review. I looked into it and this usually adds 5 months to the process. Fine, it will be done before year's end in 2010.
Fast-forward to October 2010. My wife and I decided to have another baby. After all, we are already 11 months into our waiting period: how much longer can they really take? This time we agree that the baby will be born in Mexico. There we have access to better doctors and private clinics for less than the price we paid for Canada's 'free' public system. Also my wife will have her whole family to help, especially her mother.
Months pass and we still haven't heard anything. It's now 2011 and we are getting worried. We are still resigned to have the baby born in Mexico. On April 15th my Wife, my son and I left for Mexico. I spent a week there with them getting them settled and then I returned to Canada because I needed to continue working to support them while they stayed there. We are ready to begin an Outside of Canada application as we are sure that her TRP will not allow her to return.
One week after my return to Canada, I receive a letter from the Vancouver CIC office requesting my Wife and I for an interview on the 17th of May. Really!? NOW?!!!!
I called CIC's ever-expediant call-waiting center and eventually got to speak with an agent. I asked what I should do in this situation, since my wife would not be able to attend the interview because she was in Mexico. The lady assured me this was not a problem. I was informed that all I needed to do was send the local office a letter from my wife stating that she could not attend and the reason why, with supporting documents showing that she was in Mexico receiving medical care. She would also need to indicate when she was going to return and then the interview would be postponed until such time. I should have asked the agent's name.....
I faxed over all of the information that I was told to.
After a year and a half of waiting and hearing next to nothing from CIC I received an almost immediate response:
"This letter refers to your application for permanent residence from within Canada as a member of the Spouse or Common-law partner in Canada Class.
Regulation 124(a) of the IRPA requires that in order to qualify to become a member of the Spouse or Common-law partner in Canada Class you must demonstrate that you 'are the spouse or common-law partner of a sponsor and that you cohabit with your sponsor in Canada'.
Since you are currently in Mexico and no longer cohabiting with your sponsor, we have refused your in-Canada application for permanent residence and closed your file."
Now I had expected this before we had left for Mexico, but I was told specifically by someone at CIC to send the info that I did and that the application would remain open until they could interview her!
I'm really very exhausted by all of the misdirection and misinformation that I receive from CIC. I cannot afford to have a lawyer take care of our case but I need help. I just returned this weekend from a 2 1/2 week trip to Mexico for our daughter's birth. She's so beautiful. But unless I move to Mexico myself, I will not be able to live with my family for a minimum of a year. They tell me an outside of Canada application will take from 8-12 months, which I now know means 2 years in CIC speak. We were prepared for this initially, but we were given the confidence that we would be together sooner with the In Canada application remaining open.
Does anyone know how I can have this decision overturned or who I can speak to to discuss more favourable options than a two year separation from my family?
