Is this a complex sponsorship case? am I in trouble?

[Saskatoon-Tree]

Thank you guys. I know your intention is good.
I am stressed out / in panic attack, which is not good for early pregnancy.
Plz forgive me if this appears as a naive question "how can I check if his IDs are genuine or false? "

Also, as annabruce suggested, if I send him home and apply freshly as an outland, does this mean his case would be considered like anyone else applying outland? BTW, he has not completed 6 months in Canada yet. So he will not need a police clearance from Canada. Would this make it easier


.

 

[peacekeeper]

JUST ask him his IDs are Fake or Original, easy way to confirm,
sending him back and sponsoring outland would be less complecated..

 

[Siouxie]

Forgive me, but if his identity papers are fake or forged and he used these papers to marry you - is your marriage legal?

Are the documents / ID in his real name? Did he use a forged or stolen ID to get into Canada?

Have you seen his passport - he would need one to get into Canada. What nationality is his passport and is it his? Are the documents / ID in his real name? Did he use a forged or stolen ID to get into Canada? Does he have a driving licence and is it in the same name? Have you seen his birth certificate?

If he needed a visa to enter Canada he should be able to show you it. If he hasn't then he may be here illegally under false documentation.

Without knowing his real legal name at birth it may be difficult to ascertain his true identity and his true reasons for being here. If you really want to check his identity then I suppose you could take his ID to the RCMP and ask them if it is real or reported stolen.

I have to say, as soon as I read your post alarm bells were ringing madly!

Have you known him for very long before he arrived? Did you invite him or did he just turn up - did you meet him or did he arrive at the house on his own? Has he talked about his family, friends, have you met any of them? Does he have relatives in the US or Canada? Has he received any letters or phone calls from friends or family? What name did they say?

What was he doing in the US and how long had he been there? Once the application for PR is in place he will need police checks done - will he pass them?

If "He said frankly, while residing in USA, that he was out of status there and that it might have been impossible for him to come and marry me in Canada." how did he manage it?

I would hold off on applying for spousal PR until your suspicions and fears are allayed. Far better to have him annoyed at you for delaying than be obligated to have to support him for the next 3 years... and the suggestion that he return to his country of origin and then put in an application is a good one - if he is "genuine" he will understand that this has to be done properly in order for him to get PR status, and yes, it would be treated like any other application. If he is not genuine he will probably get really angry and possibly leave... you should be prepared and not give into emotional blackmail.

You will still need lots of proof that the relationship is genuine when you do apply - take this time to get it!

I apologise for all the questions, but these are questions you should be asking yourself if you suspect that he is in Canada illegally and under false pretenses.

I really hope that he is genuine and that all this worry is for nothing - but better to be safe. I am so sorry for your troubles.



NB If he is here illegally he will not be allowed PR status. See: http://www.cic.gc.ca/english/resources/manuals/op/op01-eng.pdf

5.23 Applications from illegal residents
R11 stipulates that applicants cannot submit applications for temporary or permanent resident visas outside their country of nationality—or, if stateless, outside their country of habitual residence—to a visa office in a country where they have not been lawfully admitted. Therefore, visa offices should return applications, plus any accompanying documents or fees, if they determine that an applicant was not legally admitted to the country where the submission was made. Applicants should be counselled to apply for a visa to a visa office where they have been lawfully admitted for at least one year.

 

[Saskatoon-Tree]

OMG

We met online and we continued that way for almost 8 months before he arrived to get married. He has relatives in Quebec, and also friends. But I have never met them in person. We talked only. If I contact RCMP to check his IDs, it means I am in big trouble and he will be a subject for investigation. Only I do that when I am in full satisfaction he misled me. I am not sure yet. He is still good family man, at least for the period we spent together. I would only report my partner when the relationship has to end. I do not wish to betray him before I can come into one conclusion. I am just trying to get and give the benefit of doubts.
The marriage IDs were: his passport of country of origin (with his photo on it), and an American Driving licence. I did not go far and search his passport for a Canadian stamp at that time. I took it for granted. He can't be a refugee , asylum seeker. To the best of my knowledge, after reading all over the immigration sites, the CIC will hold the IDs of the seeker till his/her case is decided...am I correct? If that was the case, then why did he show his IDs in the marriage process? Also, if he is an asylum seeker, even if not genuine or subject to a decision, then he would be in legal stutus (temporary) and would be confident and no fear. I have just checked and he has no Cnd stamp on his passport.
he told me he was working as an accountant in US, in a firm and that the employer was aware of his illegal status and that he received cash in a form of minimum wage.
Now, where should I go from here.

 

[sbwv09]

I wonder if he is from a visa exempt country. If he presented his non US passport at the border and he's not visa exempt he would have had to have had a visa or a Green Card or something, I believe. Did he fly or drive?

I will say though, I've been waved through the border a few times without the person even taking my passport and I have yet to have my passport stamped and I have been to Canada numerous times, so perhaps in that he didn't do anything untoward.

However, a lot of the other factors in your situation are serious. If it were me, I would talk to a private investigator to see if he is even who he says he is. If he is telling the truth about everything, the others are right in that the best chance you have is to apply outland.

 

[annabruce]

Actually, sbwv09, you bring up a very good point. He could have EASILLY just driven accross the border without being checked. Are you by law required to arrive at the border with a visa if you are NOT from a visa exempt country? Can he simply claim, honestly, that he wasn't checked. In that case, he is perfectly legal in Canada, and can apply in-country without any significant issue.

 

[Saskatoon-Tree]

sbwv09

No, he is not from visa exempted country. He does need visa to enter US or Canada. But what if he decided to try his luck and cross the border! You have just said that officers do NOT often hold or check passports. Excuse me, what is the private investigator? and how can I get one?

 

[iarblue]

You need to find out if he is who he says he is,you need to find out if he is in Canada illegaly,you need to tell him you want to see all his identification so you can eneter it in the app.I hate to say it and god forgive me for it but i think you got taken for a ride.
I may be totally wrong,but if you were trying to use someone for entrance into Canada you would be nice to the child and your wife for as long as it took right.
If he is here illegally you can not sponsor him,he needs medicals and police report from the US which he will have to do by online,also one from the middle east where ever he is from.
If he provides you with these documents ok then prove them and proceed but if he cant supply them then you may want to question why as all police reports can be obtained from online with supporting documents.
Once and if he gets these reports and medical then he needs to tell them all other info they require work,travel history.
Its my opinion you are not going to get this.So he is here illegally and its only a mater of time before they send him packing because he has to have some sort of status to sponsor him.

 

[sbwv09]

Actually, sbwv09, you bring up a very good point. He could have EASILLY just driven accross the border without being checked. Are you by law required to arrive at the border with a visa if you are NOT from a visa exempt country? Can he simply claim, honestly, that he wasn't checked. In that case, he is perfectly legal in Canada, and can apply in-country without any significant issue.

That's what I was thinking, but could they also get him by saying that he should have known that he needed a visa? I'm not really knowledgeable enough to say. However, I do feel that the other factors in this situation call for caution. You should be able to find a private investigator in the phone book.

 

[iarblue]

Ok im sorry to say everyone but its sad to say but if he is from the middle east there is no way they did not check him and just wave him through.Trust me.

 

[iarblue]

there are many ways to get across the border without crossing land or air if you get caught is another thing.I feel so sorry for you because you need to really sit him down and have a talk and tell him that to sponsor him he needs to get some documents,police reports from the US and the middle east you will never get approved without them,and you will not get in trouble by anyone as if he is fooling you then how can you get in trouble for being fooled.
So thats an easy way to make sure he is who he says he is get the police reports.
Also he is still here illegally,big problem,how are you going to prove his status when he has none.

 

[Saskatoon-Tree]

thank you all. Thu it sounds sad and depressing, I found your input as great and helpful.
I do not want to make the way he looks as a big issue but just to explain. He does not look typical middle eastern. Some Syrians, North Iraqis, Kurds and Algerians can look very European like any average Canadian and American whites. He looks this way. Did it hep him to cross? I really don't know.

I will spend all the evening with him to find out the truth. I will come back for update or for further help late tonight or tomorrow morning. To help me to find out plz guide me to the answer of a few questions, still in my head right now:
1) if he was asylum seeker at the time he entered Canada and the time we got married, do Immigration authorities allow him to hold his IDs? or do CIC keep IDs till they decide his fate?
2) if the answer is yes (CIC keeps IDs) then how/why could he show and provide his IDs during the marriage licence process? This may lead me to believe that he is in possession of two different IDs.
3) If the answer is No (CIC does NOT Keep), then has the refugee applicant obligation to report the marriage or other activities to CIC?

I would really appreciate your feed back ASAP, as this will help find out all what we need in the family sitting this evening.

Thanks

 

[Halifax-Maple]

I don't know the answer to your questions above. Hopefully experts will help you.
I must add: if I were you I would agressively check all about him. I would report him to CBSA, before he flees the place, goes underground, and leaves you in dilemma and legal limbo. Sorry to disappoint you, but just being tough and honest

 

[iarblue]

6. Processing of Individuals Returned from Canada
If Canada determines that an individual claimant is ineligible and an exception to the Agreement does not apply, the individual is returned to the U.S. [note 43] The CBSA provides advance notification to CBP of applicants being returned to the United States under the Agreement. Individuals returned from Canada placed are not placed in expedited removal proceedings. They are processed as if encountered within the interior of the United States. If they are found to be illegally present in the United States, or without valid immigrant or non-immigrant status, they may be processed for INA § 240 proceedings, where they may seek protection from removal. If they have outstanding removal orders, they may be removed. [note 44]

So as you can see that its not a one day process,they hold them until they do all there checks to make sure if he is returned to his home country he will be tortured or killed.And it also states if he enters canada while being illegal or out of status in the US he can apply for removal protection,but if he has removal orders he may be removed but like i said this is not a one day process so he is held in detention until they figure out the whole thing,i could not find anything that his identification would be held.

But i do know that while they are processing him they do hold his identification,so from how long from the time he said he was coming did he land on your door step if it was a day very questionable.

 

[iarblue]

2. Canada Safe Third Country Process
Eligibility Determinations under the Agreement
Under the Agreement, a person seeking refugee protection in Canada at a POE along the Canada-U.S. border is not eligible to access the refugee determination process in Canada unless he or she can satisfy the BSO, on a balance of probabilities, that he or she qualifies for an exception outlined in the Immigration and Refugee Protection Regulations (IRPR). The Agreement applies to all refugee protection claims made at land border POEs. When the Agreement came into force, the legislative provisions found within section 101(1)(e) were exercised for the first time. To date, the U.S. is the only country that has been designated by Canada as a safe third country.

Exceptions to the Agreement
Exceptions to the Agreement, as outlined in the Regulations, take into consideration other key policy objectives, and are consistent with the principles established in IRPA, which favour family reunification and the protection of the best interests of the child. Under the exceptions, a claimant arriving at the land border will be allowed to make a claim for refugee protection in Canada if the claimant:

•has a family member in Canada [note 10] who is a: Canadian citizen; permanent resident; protected person; person in favour of whom a removal order has been stayed for humanitarian and compassionate considerations; person over age 18 who has made a claim for refugee protection and awaits a hearing at the IRB; holder of a valid work or study permit;
•is an unaccompanied minor [note 11];
•has a valid Canadian visa or other valid admission document (other than a transit visa) issued by Canada; or was not required to obtain a visa to enter Canada but was required to obtain a visa to enter the U.S. [note 12]
•has been charged with or convicted of an offence that could subject the claimant to the death penalty in the U.S. or in a third country [note 13];
•is a national of a country with respect to which the Minister has imposed a stay on the enforcement of removal orders or a stateless person who is a former habitual resident of a country or place where such a stay has been imposed and the stay has not been cancelled. [note 14]