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

[Saskatoon-Tree]

Am I in dilemma?

I am a Cnd PR (soon to be a citizen). I was sponsored (with my 9 y old daughter, from previous marriage) by my ex-husband who is a Canadian (naturalized citizen). Things did not work out for us and we were separated within a year from my landing. We reached mutual agreement for the divorce and we were done after 12 month in the court. I successfully obtained a student loan and attended an educational course for 14 months, in order to achieve a Cnd degree and experience. I met my current husband online. We got on well together and decided to get married. He was in USA at the time we met online. Then I became aware that he had no status in USA. It was impossible for me to leave Canada and go to him there and get married in USA. This is because of my financial difficulties, and also I needed a visa to go there. I was not familiar with the immigration steps to Canada at that time. I took it as simple as my own immigration sponsorship. In my own, I got married to my ex in my native country, he sent the sponsorship application and it was straightforward as simple as a piece of cake. Within 4 months, my daughter and I arrived to our destination in Canada.
My new husband decided to make his way to Canada. He arrived and we got married within a month of our (in person) meeting. Because I was keen to complete my family, by having a second child, and because he was eager to father his own, I am now pregnant (10 weeks). I started to look around for a way to sponsor him. I read through the process in all forums. I feel nervous. He was illegal in USA.I was aware of that. But to my surprise he arrived here and we got married. How did he manage to enter Canada? What can we do with his police clearance in USA? What is his current status in Canada? These are questions that make my head spinning. I think he is a lovely man and he does want to settle and have good life. I don’t think he wanted to deceive me or anyone else but just to overcome his harsh circumstances. He is giving me conflicting answer regarding his status and the way he arrived. Sometimes, refugee claim, sometimes he simply made his way and came here. He is a good father to my daughter and good husband to me. He is just scared.
From where should I start?

 

[peacekeeper]

Hi
Seems pritty tough situation, Where he is right now ?
is he still in Canada or Back to USA ?
He claimed for Refuge or not yet? How he entered in Canada most probably with Refuge Claim...
Clearify these questions first Please

Are you in Saskatoon??
I m also in Saskatoon, get in touch with answers of these questions
thanks

 

[Saskatoon-Tree]

Where he is right now ? He is in Canada with me
is he still in Canada or Back to USA ? He is in Canada.....he can not go back to US. He was illegal there already
He claimed for Refuge or not yet? as I said he is giving me conflicting answers. So I am not sure if he claimed refugee or not yet.

How he entered in Canada most probably with Refuge.....? not sure either

I am in the province

Thanks

 

[peacekeeper]

If he is not telling you the exact situation, How he could be serious or faithfull with you Whole life ahead,,,,
First kow the exact situation wot he is up to and wot is his plan, he want to apply Refuge case or he want Inland spouse sonprship, He get in Canada illegaly and Was ILLEGAL in USA, Most probably IO will consider the Marriage of In Convenience, purposly done to get PR in Canada, YOu need very strong grounds to prove that Marriage is Genuine, Need Proofs of your relation development, strong proofs of relationship which leads to Marriage.... Thing thousand times before take any step, This situation is very complex and seems doubtfull...

 

[confusednscared]

He is most likely trying to use you to get his legal status in Canada .. I would try to research him more and try hard to understand him before I make any moves, legally.

Keep in mind that you probably would not be eligible to sponsor yet because part of your ex-husband's undertaking was to take care of you for 3 years after you land.

You have to go through all those little bit of details and I would strongly suggest seeking some legal help with a professional (immigration lawyer n not consultant)

But for now, it's a tough tough tough situation to get by.

Good luck!

 

[sbwv09]

I agree that finding a reputable immigration lawyer would usually be the first step.. but like others, I am quite worried by the fact that he will not give you correct information about how he entered Canada. Withholding information like this in a 'normal' marriage would be a red flag, let alone when immigration is involved and he has lived in another country illegally in the past. I realize that we all make mistakes and I am not the person to judge, but it doesn't seem like he is willing to give up his ways since he won't even be honest with you about the immigration process. If you wanted to get a PR or something for him you would need to be open and honest in admitting past mistakes and showing that they will not be repeated.. but if he won't even be open with you, how much less with immigration?

 

[Saskatoon-Tree]

Thank you for input, thank you for being patient and being considerate to my sensitive circumstances.
Till this morning I had never asked him directly. I always took into consideration the mutual respect, sensitivity and perhaps some sort of personal privacy. May be, I was misled by my own immigration, which was easy, straight and a piece of cake. I thought, from then, that Canadians (PR or Citizen) can bring their spouses, considering Canada is an immigration country. Foolish..naive etc etc..I know , I accept.
I became stressed and paranoid after reading all about immigration in websites and forums. This is because we started to prepare for his sponsorship by me.
I confronted him directly, after reading my post and thread. No, he did not claim for refugee. He simply managed to enter Canada and come to me. I am unable to exclude that he eyed Canada as his palce to live and start a family. 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. I could not go to him in US either for financial and other reasons. So, I was aware. But was NOT aware how complex it could be. USA harbours millions of illegal people there. They live, work and marry there. So many people want to come to Canada and start their life. Some get married because this is/was the only or best option, considering the hell of life they live in there. This does not mean they are abusive or gamers. I don't think he is a jerk. I still feel he is good family man. I am not in anyway trying to justify but only to be fair. Plz remember I am carrying his child now. It is a heart-break situation.

So, giving the new disclosure, is it easier for him to claim for refugee first or to sponsor him from within Canada.
I have to admit, we both can not afford the expensive lawyers. With regard to my ex undertaking, this is not an issue at all and in any way the time has passed.

Thanks again for your support

 

[alibaba]

Thank you for input, thank you for being patient and being considerate to my sensitive circumstances.
Till this morning I had never asked him directly. I always took into consideration the mutual respect, sensitivity and perhaps some sort of personal privacy. May be, I was misled by my own immigration, which was easy, straight and a piece of cake. I thought, from then, that Canadians (PR or Citizen) can bring their spouses, considering Canada is an immigration country. Foolish..naive etc etc..I know , I accept.
I became stressed and paranoid after reading all about immigration in websites and forums. This is because we started to prepare for his sponsorship by me.
I confronted him directly, after reading my post and thread. No, he did not claim for refugee. He simply managed to enter Canada and come to me. I am unable to exclude that he eyed Canada as his palce to live and start a family. 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. I could not go to him in US either for financial and other reasons. So, I was aware. But was NOT aware how complex it could be. USA harbours millions of illegal people there. They live, work and marry there. So many people want to come to Canada and start their life. Some get married because this is/was the only or best option, considering the hell of life they live in there. This does not mean they are abusive or gamers. I don't think he is a jerk. I still feel he is good family man. I am not in anyway trying to justify but only to be fair. Plz remember I am carrying his child now. It is a heart-break situation.

So, giving the new disclosure, is it easier for him to claim for refugee first or to sponsor him from within Canada.
I have to admit, we both can not afford the expensive lawyers. With regard to my ex undertaking, this is not an issue at all and in any way the time has passed.

Thanks again for your support

I am struggling to think how you are going to sponsor him since you are financially weak. However, Permanent residents are eligible to sponsor their partners and spouse but your situation is quiet complicated. I am not an expert but considering all the factors such as his illegal status in the US and Police checks and medicals (putting together all the documents). I would say seeking asylum could be an option for you guys and for that i think you would have to get a lawyer.

 

[peacekeeper]

Immigration to Canada is not a peace of Cake as you are considring espacialy in these kind of Cases. Chances for refuge Case success without very very storng grounds is 99% failuer.....
The only option he got is Inland sponsorship, in this kind of case it's realy not a peace of CACKE....
Spending money with Consultants or Lawyer will not give you 100% surity..
Collect the Max. possible proofs to prove relationship is true, You yourself come on sponsorship and you got seprated only after one year and now you are going to sponsor someone who was Illegal in USA and he enterd in Canada Illegaly...
going through all background story it doesnot seems the Genieun case, that wot IO will cosider,,, do you have any proof of your past contact with him, Emails , Chats logs, Phone call record, Money or Gift Exchange ?
collection every possible thing u can.....
good luck

 

[Saskatoon-Tree]

I am struggling to think how you are going to sponsor him since you are financially weak. However, Permanent residents are eligible to sponsor their partners and spouse but your situation is quiet complicated. I am not an expert but considering all the factors such as his illegal status in the US and Police checks and medicals (putting together all the documents). I would say seeking asylum could be an option for you guys and for that i think you would have to get a lawyer.

What can be the outcome or the scenario if he goes today and claims for refugee? His country of origin is not counted as one of those areas of "risk, danger, war..etc etc". I am lost.
Thanks

 

[annabruce]

I don't think his status in the USA is relevant. He left the USA as required. Now, if he were to attempt a return to the USA, he MIGHT be denied if they can prove he overstayed his time in the USA.

The real question you MUST get is how did he enter Canada. If he entered legally, there is no problem. If he somehow managed to cross the border undetected, and therefore NEVER had legal status in Canada, he is in a lot of trouble, and would likely be deported and disqualified from permanent residence for two years minimum.

How did he enter Canada? What is his country of nationality? Did he require a visa to enter Canada?

 

[Saskatoon-Tree]

I don't think his status in the USA is relevant. He left the USA as required. Now, if he were to attempt a return to the USA, he MIGHT be denied if they can prove he overstayed his time in the USA.

The real question you MUST get is how did he enter Canada. If he entered legally, there is no problem. If he somehow managed to cross the border undetected, and therefore NEVER had legal status in Canada, he is in a lot of trouble, and would likely be deported and disqualified from permanent residence for two years minimum.

How did he enter Canada? What is his country of nationality? Did he require a visa to enter Canada?

No, he did not enter legally. I am not trying to blame the system but he produced and provided IDs and documentation for our marriage, including his marital status. Otherwise, we could not successfully get the licence to marry and then the marriage certificate. the marriage process gave me the confidence that his status was all right. He needed/needs a visa of course. He is originally from the Middle East but I am Hispanic. I still have some chats and emails yes

 

[sbwv09]

So are his documents and IDs false, or am I misunderstanding?

I'm very sorry that you are in this situation and I know a lot of people are kind of bombarding you with stuff on here right now, but we are trying to help and also to further our own understanding of your situation so we can provide information.

 

[annabruce]

Illegal in the USA... never legal in Canada? He MUST go home, and then submit an outland application. This is your only option. If you attempt any other method, he will be deported, and then disqualified for atleast two years. Send him home, and then submit the application if you are certain he can be trusted. If he is willing to go home, I think he MIGHT be trustworthy.

Is his life in danger in his home country? Does he have a criminal record in the USA, his home country, or any other country where he has resided for six months or more?

Sorry that you have to go through this, but this is going to be a VERY VERY difficult and prolonged case.

 

[Halifax-Maple]

I was going to say the same as sbwv09 said.. but he/she was faster.
We know of a very complicated immigration case, near us, which is very similar to yours.
If I were you, I would check whether he is holding a genuine IDs or not. I am sorry if our advice makes you upset. Thinking of you as coming from a foreign country, having a child to raise, and being pregnant now in a new baby, makes me heart-broken myself.
You will face many difficulties in this case:
1) He is Middle Eastern and you are Hispanic: so totally different culture.
2) he married you straightaway in a very short period and also the pregnancy started earlier.
3) He had been in USA for long time illegally. So most probably he tried to marry and settle there hundreds of attempts. Only God knows what he was doing there
3) if it happens that he is holding false IDs, this can be a very serious and sensitive issue to the authorities here. However, we all know that most of refugees arrive to Canada with false documents....otherwise, how could they make it to Canada.

All my sympathy, Saskatoon