Just got VISA stamped but didn't notify CIC of marriage! Wife is American

[LionHeart76]

Hello All!

My situation is complicated. My American wife is living with me here in North Africa, We met in the USA. We got married this past summer. Last month (December 2012) I had my passport stamped by VISA office. I'm planning on landing in Canada in a couple of months. I know my wife doesn't need a VISA to get in Canada. We're planning on moving to Canada this year.

Question: Given the fact that I didn't inform CIC of my marriage, and instead I went ahead with the PR/VISA process (long story why I didn't do so), how bad is my situation now? Will my wife be able to apply for PR in Canada if she ever wanted to? Any information is appreciated!

Thanks!

 

[scylla]

Hello All!

My situation is complicated. My American wife is living with me here in North Africa, We met in the USA. We got married this past summer. Last month (December 2012) I had my passport stamped by VISA office. I'm planning on landing in Canada in a couple of months. I know my wife doesn't need a VISA to get in Canada. We're planning on moving to Canada this year.

Question: Given the fact that I didn't inform CIC of my marriage, and instead I went ahead with the PR/VISA process (long story why I didn't do so), how bad is my situation now? Will my wife be able to apply for PR in Canada if she ever wanted to? Any information is appreciated!

Thanks!

You can't use the visa you have now to land in Canada. If you do, two things will happen:

1) You will never be able to sponsor your wife.
2) You will be committing misrepresentation by landing with single status when you are in fact married. Misrepresentation can result in having your PR status revoked.

You must return your visa to your visa office and notify them that you have gotten married and your family composition has changed. You must also complete and include all of the required forms and supporting documentation to add you wife to your file. You must then wait for the visa office to review your wife's paperwork. Once they have done so, a new visa will be issued to both of you.

Whatever you do, absolutely do not land on the visa you have now.

 

[LionHeart76]

You can't use the visa you have now to land in Canada. If you do, two things will happen:

1) You will never be able to sponsor your wife.
2) You will be committing misrepresentation by landing with single status when you are in fact married. Misrepresentation can result in having your PR status revoked.

You must return your visa to your visa office and notify them that you have gotten married and your family composition has changed. You must also complete and include all of the required forms and supporting documentation to add you wife to your file. You must then wait for the visa office to review your wife's paperwork. Once they have done so, a new visa will be issued to both of you.

Whatever you do, absolutely do not land on the visa you have now.

Again, it's a long story why I didn't inform CIC about my marriage... Now, given the fact hat my wife can come join me in Canada, would she be able to apply for PR on her own, as I know that I can't sponsor her in the future.
And, if/when CIC know about the "misrepresentation", how serious is that? Will I be asked to leave the country?

Thanks!

 

[herewecome]

Who will be sponsoring her?

You have said you couldn't tell them but can you now? Would you really rather be looking over your shoulder the whole time waiting to have PR revoked?

 

[scylla]

Again, it's a long story why I didn't inform CIC about my marriage... Now, given the fact hat my wife can come join me in Canada, would she be able to apply for PR on her own, as I know that I can't sponsor her in the future.
And, if/when CIC know about the "misrepresentation", how serious is that? Will I be asked to leave the country?

Thanks!

If CIC finds out about the misrepresentation and decides to do something about it - your PR status will be revoked and you will be ordered to leave the country.

Your wife cannot live in Canada. She can only come as a visitor. As a visitor, she won't be able to work and won't have access to health care. She would likely be admitted to Canada for six months. At the end of this six months, she would either have to leave the country or apply for an extension (no guarantee that extension will be approved). There is also some chance she could be refused entry into Canada or only granted a short visit when she arrives if immigration suspects she has plans to stay longer than a visit. There is no guarantee she will qualify to apply for PR on her own. She will have to meet the requirements for applying for PR independently and there's no special treatment or process for Americans.

You really need to add your wife to your application. It's only going to create complications in the long run if you don't. Let's say you go ahead and commit misrepresentation by landing on your "single" visa. This means your status in Canada will never be safe - even after you become a citizen. Because you lied, Canada can revoke your status at any time. Do you really want that hanging over your head?

 

[LionHeart76]

If CIC finds out about the misrepresentation and decides to do something about it - your PR status will be revoked and you will be ordered to leave the country.

Your wife cannot live in Canada. She can only come as a visitor. As a visitor, she won't be able to work and won't have access to health care. She would likely be admitted to Canada for six months. At the end of this six months, she would either have to leave the country or apply for an extension (no guarantee that extension will be approved). There is also some chance she could be refused entry into Canada or only granted a short visit when she arrives if immigration suspects she has plans to stay longer than a visit. There is no guarantee she will qualify to apply for PR on her own. She will have to meet the requirements for applying for PR independently and there's no special treatment or process for Americans.

You really need to add your wife to your application. It's only going to create complications in the long run if you don't. Let's say you go ahead and commit misrepresentation by landing on your "single" visa. This means your status in Canada will never be safe - even after you become a citizen. Because you lied, Canada can revoke your status at any time. Do you really want that hanging over your head?

Scylla et al:

Thank you for taking the time to comment/answer!

I still haven't landed yet, and I'm researching all possibilities and routes to get out of this situation. Believe me, it wasn't my fault (or at least it's not 100% mine), but it's not time for defending one's self now. What happened happened now, and I'm trying to deal with it.

My main concern, if I informed CIC of my family change now after my VISA is already stamped, is that I heard that I would have to re-do the whole PR process from zero, i.e., apply again, pay fees, police reports, medicals, etc. It has already taken me close to 3 years since the date i first applied, and I don't really have that time to start over again!!
Going to the USA now is not ab option either for some scholar VISA reason (J-1)... And, staying with my wife who's pregnant here in North Africa is the last (but most undesirable) option...

I know that landing and having my wife join me later is WRONG, but I'm considering this "wrong" option to just take the risk and chances i will be given. I'm telling myself that if I will be asked to leave Canada later on, i will just do what they ask me to. But, again, I am in a very complicated situation! No doubt about that!

 

[scylla]

My main concern, if I informed CIC of my family change now after my VISA is already stamped, is that I heard that I would have to re-do the whole PR process from zero, i.e., apply again, pay fees, police reports, medicals, etc. It has already taken me close to 3 years since the date i first applied, and I don't really have that time to start over again!!

You don't have to re-do everything from scratch and pay the fees again. You just have to complete the paperwork for your wife and pay the fees to add her to your application. Your situation is by no means unique and it's pretty straight forward. And you're by no means the first person to have gone through this - many have.

Your situation will only become complicated if you land on the visa you have now. What if your wife isn't allowed into Canada as a visitor? What will you do then? If she is allowed into Canada, are you prepared to pay for the cost of the delivery out of your own pocket? (Any costs related to her pregnancy and delivery won't be covered by the health care system and will have to be covered by you.) What will happen when her six month visit is over and it's time to leave Canada? Has she determined if she would qualify to apply for PR independently? What if she doesn't qualify? Will she return to the US and live there while you live in Canada?

Obviously your choice...

 

[CharlieD10]

It's not from scratch, it is an addition.

Don't use the visa you have now, don't start off your time in Canada by misrepresenting yourself and having to look over your shoulder from the moment you set foot in-country. Do things the correct way: return the visa, include the papers for your wife and the fees relating to her, wait the additional time to get things done RIGHT, and then proceed to Canada properly. Do NOT **** yourself out of a chance to do things right the first time by justifying it with various excuses. NONE of those things will matter if you do it wrong and get caught, whether sooner or later when CIC catches up to you they don't really care how urgent you thought it was for you to get to Canada, they will only care that you lied.

 

[Peterpan12]

Take a look here:

http://www.canadavisa.com/canada-immigration-discussion-board/-t8423.0.html;msg27644#msg27644

http://www.canadavisa.com/canada-immigration-discussion-board/-t9468.0.html;msg31587#msg31587

 

[LionHeart76]

You don't have to re-do everything from scratch and pay the fees again. You just have to complete the paperwork for your wife and pay the fees to add her to your application. Your situation is by no means unique and it's pretty straight forward. And you're by no means the first person to have gone through this - many have.

Your situation will only become complicated if you land on the visa you have now. What if your wife isn't allowed into Canada as a visitor? What will you do then? If she is allowed into Canada, are you prepared to pay for the cost of the delivery out of your own pocket? (Any costs related to her pregnancy and delivery won't be covered by the health care system and will have to be covered by you.) What will happen when her six month visit is over and it's time to leave Canada? Has she determined if she would qualify to apply for PR independently? What if she doesn't qualify? Will she return to the US and live there while you live in Canada?

Obviously your choice...

You (and other members here) said that I don't have to start everything over from scratch. If that's true, how would you interpret the following quote from the letter I received with my passport, VISA, etc: "Your file is closed with the issuance of your visa and it cannot be reopened. You will be required to submit a new application and pay new processing fees for all family members..."
I don't know, but it seems like my file (not only my family's) will be processed again.

I don't really mean to argue or prove anybody wrong here; my intention is mainly to add information and correct whoever might be wrong. I welcome all suggestions and corrections myself, too.

Thanks!

 

[scylla]

You (and other members here) said that I don't have to start everything over from scratch. If that's true, how would you interpret the following quote from the letter I received with my passport, VISA, etc: "Your file is closed with the issuance of your visa and it cannot be reopened. You will be required to submit a new application and pay new processing fees for all family members..."
I don't know, but it seems like my file (not only my family's) will be processed again.

I don't really mean to argue or prove anybody wrong here; my intention is mainly to add information and correct whoever might be wrong. I welcome all suggestions and corrections myself, too.

Thanks!

The standard process is that you only have to complete paperwork to add your new spouse and pay the additional fees. Again, we've had many people on this forum add a new spouse after visa issuance without issue. If your application isn't following the standard process, then there must be a reason why. How did you apply for PR? Through which stream? Did you apply alone?

 

[canadianwoman]

I know that landing and having my wife join me later is WRONG, but I'm considering this "wrong" option to just take the risk and chances i will be given. I'm telling myself that if I will be asked to leave Canada later on, i will just do what they ask me to. But, again, I am in a very complicated situation! No doubt about that!

Don't think the 'wrong' you are contemplating is just immoral or 'not a good idea' in the abstract. If you land without telling CIC you got married and adding your wife to your application, you will never be able to sponsor her to Canada. It is true that Americans can come to Canada without a visa, but that is only to visit. She cannot come to Canada and live here. If she comes to Canada without a PR visa or some other sort of immigrant visa, she will not be able to work and she will have no access to government-funded health care. Does she really want to 'live' in Canada for years without being able to work or go to school, always wondering if today is the day she'll be caught and deported?

The worst possible thing to do in your situation is to land without telling CIC you got married.

 

[LionHeart76]

The standard process is that you only have to complete paperwork to add your new spouse and pay the additional fees. Again, we've had many people on this forum add a new spouse after visa issuance without issue. If your application isn't following the standard process, then there must be a reason why. How did you apply for PR? Through which stream? Did you apply alone?

I applied when I was in the USA: mid 2009
Initial VISA Office: Buffalo (before it closed and my file gets transferred to Ontario)
I applied as skilled worker (alone of course and single)
I applied through the provincial nominee "Certificat de selection du Quebec"

Like I said earlier, it's been more than 3 years now since I first applied, and given the circumstances, I'd rather take my chances of being asked to leave the country than wait another 3 or 4 years, as I know very well that if I will have to wait even another year, I will just stay here in my home country...

 

[herewecome]

Where will you live with your wife if you don't tell CIC and land?

How do you mean wait 3-4 years?

 

[LionHeart76]

Where will you live with your wife if you don't tell CIC and land?

How do you mean wait 3-4 years?

By wait another 3-4 years, I mean I can't take the risk of having to re-apply again and go through all the headache of doing police reports (even though I don't care as I don't commit crimes---at least not yet! ;-)--- ), medicals, etc. I know if I have to start everything over, it will be a long process again, maybe even longer given I will have a family to add, etc.