Looking to sponsor my Wife/Commonlaw partner [complicated]

[sephr1k]

Hi all,

I'm really at a loss now about how to approach sponsoring my unofficial Wife to Canada, the reason I use the term unofficial is because we got married in Cambodia, as in had a large ceremony with our families in attendance, but because of the statutory requirements here (minimum income requirement) I wasn't able to process our official marriage document at the time. Let me explain a little:

- I met my Wife 4.5 years ago while she was studying in Canada. We've been together for about 4 years.
- After 6 months into our relationship we moved in together, and have stayed together ever since.
- Because we had some personal family issues (on both sides) 3 years in, she ended up overstaying her visa by 4 months. Her rejection letter did state to leave Canada in 30 days, but we did not receive a departure/deportation order letter. I e-mailed the Embassy regarding how to know if I need an ARC (authorization to return to Canada) and they told me to put in a Visa application first so they can determine her eligibility later. We unfortunately were disorganized and did not verify our departure before leaving Canada 1.5 years ago...
- I am not bankrupt, I am not on any sort of social assistance, but I do have terrible credit and owe money to credit cards and student loans in Canada.
- My wife is currently 4 months pregnant.
- We both currently live together in Cambodia, I was born in Canada and am a Canadian citizen.

I believe I've covered all the important points. Now there are a couple of questions I'd like to ask to anyone who can help:

- Unlike a year ago, I now meet the minimum income requirements to process our official marriage documents. However, it will take 3 months to process which is a lot longer than I'd like to. I want to put in this Canadian family sponsorship application soon. I'm thinking to put in a Common law application instead. Is this a good idea?
- If we put in the application soon (within this month), do we need to mention our "child" that hasn't been born yet? Do I need a separate sponsorship form for this?
- When putting in the forms for the first stage of the "Application to Sponsor a Member of the Family Class", they ask me to pay the fees online. Not an issue. However, what should I pay at this point? Would it be "Sponsorship application (per application) $75" and "Principal applicant $475" fee? Unless necessary I don't want to pay the $490 Right of Permanent Residence until it's confirmed she can go.
- Is there any other way if I can find out whether an ARC form is required? Should I put in the application anyways?

I'm so at a loss right now and not sure if this case has hope or not. Please advise. Is it worth it to get a lawyer?

Thanks.

 

[crzy_canadian]

Unlike a year ago, I now meet the minimum income requirements to process our official marriage documents. However, it will take 3 months to process which is a lot longer than I'd like to. I want to put in this Canadian family sponsorship application soon. I'm thinking to put in a Common law application instead. Is this a good idea?

As long as you have sufficient evidence to support your common-law status, it shouldn't be an issue.

If we put in the application soon (within this month), do we need to mention our "child" that hasn't been born yet? Do I need a separate sponsorship form for this?

You don't need to mention it. Once your child is born you can simply update CIC with your change in situation and the child will be added to your application.

When putting in the forms for the first stage of the "Application to Sponsor a Member of the Family Class", they ask me to pay the fees online. Not an issue. However, what should I pay at this point? Would it be "Sponsorship application (per application) $75" and "Principal applicant $475" fee? Unless necessary I don't want to pay the $490 Right of Permanent Residence until it's confirmed she can go.

Yes, waiting to pay the RPRF until requested is fine, and as long as payed promptly upon request shouldn't negatively impact your timeline.

- Is there any other way if I can find out whether an ARC form is required? Should I put in the application anyways?

Sorry, not sure about this.

I'm so at a loss right now and not sure if this case has hope or not. Please advise. Is it worth it to get a lawyer?

Immigration lawyers are very expensive, in my personal opinion it doesn't sound like you need one, as long as you can clear up your previous overstay.

 

[scylla]

Has she completed the medical? If not, that's probably your biggest issue. CIC won't process the application without a complete medical (including chest x-ray) and most doctors strongly recommend against doing chest x-rays while pregnant as it may harm the unborn child. Having said that, some people chose to have the x-ray done while pregnant all the same. For immigration purposes, most women wait until after they give birth to complete the x-ray portion of the medical. So she could certainly get the medical done now (apart from the x-ray) and then complete the x-ray in five months once the baby is born.

 

[sephr1k]

As long as you have sufficient evidence to support your common-law status, it shouldn't be an issue.

You don't need to mention it. Once your child is born you can simply update CIC with your change in situation and the child will be added to your application.

Yes, waiting to pay the RPRF until requested is fine, and as long as payed promptly upon request shouldn't negatively impact your timeline.

Sorry, not sure about this.

Immigration lawyers are very expensive, in my personal opinion it doesn't sound like you need one, as long as you can clear up your previous overstay.

Thanks for your very comprehensive reply, I feel like there's still some hope for us now!

Has she completed the medical? If not, that's probably your biggest issue. CIC won't process the application without a complete medical (including chest x-ray) and most doctors strongly recommend against doing chest x-rays while pregnant as it may harm the unborn child. Having said that, some people chose to have the x-ray done while pregnant all the same. For immigration purposes, most women wait until after they give birth to complete the x-ray portion of the medical. So she could certainly get the medical done now (apart from the x-ray) and then complete the x-ray in five months once the baby is born.

Interesting, that's something I hadn't considered. Is it possible to get the medical done without the x-ray, have them start the application and then complete the x-ray later in the process (after she delivers)?

 

[crzy_canadian]

Interesting, that's something I hadn't considered. Is it possible to get the medical done without the x-ray, have them start the application and then complete the x-ray later in the process (after she delivers)?

You can even proceed with the sponsorship with no upfront medical, you'll then wait for the outland VO to request it.

 

[canadianwoman]

Generally they will wait until the x-ray is done. So you might as well wait the 3 months to get the marriage certificate. You will have to wait longer than that to get the x-ray.
You could apply as common-law right now, but to prove common-law you need to show that you have lived together for one continuous year. Once you have the marriage certificate, you do not need as much proof of cohabitation. In both cases you need proof the relationship is genuine.
In my opinion, waiting until you get the marriage certificate may not cause the processing to be any longer than if you apply now. There is no guarantee, of course.
You can wait to pay the Right of Permanent Residence fee. Paying later when it is requested may delay the processing slightly. In addition, if she is refused, the Right of Permanent Residence fee is returned to you.
You have a long relationship, have been living together for 4 years, and will be having a child together. You should not really have any problem sponsoring your wife.

 

[sephr1k]

Generally they will wait until the x-ray is done. So you might as well wait the 3 months to get the marriage certificate. You will have to wait longer than that to get the x-ray.
You could apply as common-law right now, but to prove common-law you need to show that you have lived together for one continuous year. Once you have the marriage certificate, you do not need as much proof of cohabitation. In both cases you need proof the relationship is genuine.
In my opinion, waiting until you get the marriage certificate may not cause the processing to be any longer than if you apply now. There is no guarantee, of course.
You can wait to pay the Right of Permanent Residence fee. Paying later when it is requested may delay the processing slightly. In addition, if she is refused, the Right of Permanent Residence fee is returned to you.
You have a long relationship, have been living together for 4 years, and will be having a child together. You should not really have any problem sponsoring your wife.

Thank you for the information, you're right that the marriage certificate may be easier for us to get since it may be hard to prove we've lived together for a continuous year. We lived with my family and have no rent receipts or joint bills together, except one bank account (I should've mentioned this earlier).

After doing some research it appears that many sources claim that having a chest x-ray should not harm the fetus, especially if you cover that area during the operation. I'm not sure if any of you guys have any sort of experience with this, but do you think it would be stupid for me and my wife to go ahead with it?

 

[scylla]

Thank you for the information, you're right that the marriage certificate may be easier for us to get since it may be hard to prove we've lived together for a continuous year. We lived with my family and have no rent receipts or joint bills together, except one bank account (I should've mentioned this earlier).

After doing some research it appears that many sources claim that having a chest x-ray should not harm the fetus, especially if you cover that area during the operation. I'm not sure if any of you guys have any sort of experience with this, but do you think it would be stupid for me and my wife to go ahead with it?

She should speak with her obstetrician for an opinion on whether it's safe or not. Generally most doctors recommend against it and some say it's fine. So ultimately your choice since doctors don't agree. Note that some designated medical practitioners will refuse to do the x-ray on pregnant women. So you'll need to ask about this before booking an appointment.

 

[canadianwoman]

Doctors disagree about this, but most think it is a bad idea. For me, I would not risk my child's health just to gain a few months in the processing time.

 

[sephr1k]

She should speak with her obstetrician for an opinion on whether it's safe or not. Generally most doctors recommend against it and some say it's fine. So ultimately your choice since doctors don't agree. Note that some designated medical practitioners will refuse to do the x-ray on pregnant women. So you'll need to ask about this before booking an appointment.

Doctors disagree about this, but most think it is a bad idea. For me, I would not risk my child's health just to gain a few months in the processing time.

Thanks for both of your opinions, I am no medical expert but if the majority of doctors disagree I don't think we will take the risk either.

Since no one above mentioned anything about my terrible credit and outstanding loans, could I safely assume that as long as I'm not bankrupt this shouldn't have a big impact on my application?

 

[Decoy24601]

Thanks for both of your opinions, I am no medical expert but if the majority of doctors disagree I don't think we will take the risk either.

Since no one above mentioned anything about my terrible credit and outstanding loans, could I safely assume that as long as I'm not bankrupt this shouldn't have a big impact on my application?

The outstanding loans and poor credit shouldn't matter. Most of what they care about is if you are on social assistance (other than disability).

 

[canadianwoman]

Yes, the bad credit and loans do not matter for the application.