Married a Canadian, but may have issues being sponsored

[MuscleMan]

Original Post is under the "General Immigration" Section but unfortunately I cannot post links and I was asked to move my question here...

SO heres the story. Im in my early 30s, Healthy and strong American citizen (born in the US) and live in the DC area. I met this great Canadian-born woman (shes almost 30) almost 4 years ago and has been my gift for many years. We recently got Married in her hometown of Edmonton, Alberta. She was born and raised there. We recently received our proof of Marriage Certificate and couldnt be any happier. Well- Problem is she isnt a potential candidate to sponsor me.... She has no proof of taxed or taxable income since she works in her family business and has always either got paid directly into an account via cash- or its gone straight back into the business. She still lives with a parent and has no place of her own, and probably wont be able to because she simply cannot afford to at this time.

I am still back here in the DC area, bummed out because i just found out all this today that she probably wouldnt be able to sponsor me. So naturally Im bummed out. The CIC Canada site has a huge waiting list just to talk to someone and it took almost 20 days before they responded back to my voicemail so naturally im not too happy period.

She has a bachelors and is currently enrolled in college at a local university in Edmonton. I have a Bachelors degree myself in Information System Security. Her parent cannot sponsor me because she is not blood related so Im lost.

I thought I had one spring of hope because I have a 1st Uncle that lives in Montreal and migrated there in his youth and became citizen almost 20 years ago. Problem is, hes a convicted felon, and he recently filed for bankruptcy.

So to recap:
We are both educated.
She is currently enrolled in university and is a student.
She was born and raised in Edmonton
I am born and raised in the US still living in the DC area
We just got married, have a certificate for proof.

What are our options if she cannot sponsor me due to income?
We were planning to have an official BIG wedding later this year, and Im worried this wont happen because of these issues...I need to work, make money, Ive vested so much money and time in college education and I cant for the life of me find anyone to help except lawyers that seem to promise half-assed work for thousands of dollars, not really guaranteeing anything.

Please help, Her and I could really use guidance

 

[mikeymyke]

I believe that the sponsor isn't required to have income, or a job, as long as they can show they can take care of you (bank account statements, business accounts, etc).

 

[MuscleMan]

First- thank you for responding.



Based on your response what if she has no statements to prove with. Literally has been working for next to free since her youth into these latter years.

So if she declares she ha no income, how would she be able to provide support and proof of that? I'm anxiously waiting to hear back

Thx again

 

[SenoritaBella]

Sorry to hear your ordeal. All hope is not lost.
1. Do you have at least 1 year of skilled work experience in the past 10 years? Skilled work is defined as a job that falls under O, A or B of the NOC code list. If you do, then you may want to look into Federal Skilled Worker program(re-opens in May 2013).

2. There is also the Canadian Experience Class (CEC): To be eligible, you need at least 1 year of full-time(30hrs/week) skilled work experience(experience must be obtained in Canada).
To obtain a job, you will need to find a Canadian employer willing to apply for a labor market opinion(LMO) for you and if approved you can apply for a work permit at the border. Once you obtain the work experience, you can apply for permanent residence under CEC.

3. Look into the provincial nominee programs - some allow applicants with semi-skilled or low-skilled work experience to apply for nomination and eventually permanent residence.

 

[Harju]

Well I think you need to do some basic research. Here are the eligibility requirements for sponsorship. I'm not sure how you arrived at the conclusion that she cannot sponsor you. There is no income requirement although CIC will consider the ability of the sponsor and sponsored to support themselves.

In order to sponsor, you must…
•be 18 years of age or older,
•be a Canadian citizen, Registered Indian or permanent resident,
•be sponsoring a member of the family Class,
•live in Canada or provide evidence , if you are a Canadian citizen living outside of Canada, that you will live exclusively in Canada once the person you are sponsoring becomes a permanent resident.
•sign an agreement with your spouse or common-law partner confirming that each of you understands your obligations and responsibilities,
•sign an undertaking promising to provide for your spouse or common-law partner’s basic requirements and, if applicable, those of his or her dependent children,
•prove that you have sufficient income to provide basic requirements for your spouse or common-law partner’s dependent children. To do this, you must provide documents showing your financial resources for the past 12 months. This requirement applies only when dependent children who have dependent children of their own are included on the application.

You may NOT sponsor if you…
•signed an undertaking for a previous spouse or common-law partner and three years have not elapsed since he or she became a permanent resident and,
•receive social assistance for a reason other than disability,
•are in default of an undertaking, an immigration loan, a performance bond, or family support payments, For more information. See Defaults below.
•are an undischarged bankrupt,
•were convicted of an offence of a sexual nature, a violent criminal offence, an offence against a relative that results in bodily harm or an attempt or threat to commit any such offences—depending on circumstances such as the nature of the offence, how long ago it occurred and whether a pardon was issued

 

[anticipation]

You can still apply spousal. There is no minimum income requirement. She just can't be on social assistance.
That does not include worker's comp or disability. If you can't supply proof of income, I have read about people getting letters from the family that they will support you so you won't become financial burden on the people of Canada.
Maybe your spouse needs to bite the bullet get her own bank account and put some money in. If you can afford a big wedding you can certainly stow some of that money in a bank account in her name.
In your situation it probably would be worthwhile hiring an attorney to help with that part of the application. The rest of the application you could do yourselves and have them check. This could save you money.

 

[tavora]

There is no minimum income requirement to sponsor. Can she provide a plan to CIC as to how she intends to support you so you do not go on welfare? Can you get a letter from her family saying you will be able to live with them rent-free and they will help you two until you get on your feet?

 

[tamarindball]

Unpaid taxes are not a requirement to sponsor. She just needs to state how she will support you as she's the sponsor. You can include your qualification proof although not requested but just to show that if necessary you would be able to support yourself. Your wife just needs to explain why she hasnt for e.g. included an Option C without giving too much/any details as they relate to cash pay etc. Once she has a good reason then she should be ok to sponsor you. Income is not a requirement for spousal sponsorship.
There's still plenty of hope. Dont worry. You are no way lost

Original Post is under the "General Immigration" Section but unfortunately I cannot post links and I was asked to move my question here...

SO heres the story. Im in my early 30s, Healthy and strong American citizen (born in the US) and live in the DC area. I met this great Canadian-born woman (shes almost 30) almost 4 years ago and has been my gift for many years. We recently got Married in her hometown of Edmonton, Alberta. She was born and raised there. We recently received our proof of Marriage Certificate and couldnt be any happier. Well- Problem is she isnt a potential candidate to sponsor me.... She has no proof of taxed or taxable income since she works in her family business and has always either got paid directly into an account via cash- or its gone straight back into the business. She still lives with a parent and has no place of her own, and probably wont be able to because she simply cannot afford to at this time.

I am still back here in the DC area, bummed out because i just found out all this today that she probably wouldnt be able to sponsor me. So naturally Im bummed out. The CIC Canada site has a huge waiting list just to talk to someone and it took almost 20 days before they responded back to my voicemail so naturally im not too happy period.

She has a bachelors and is currently enrolled in college at a local university in Edmonton. I have a Bachelors degree myself in Information System Security. Her parent cannot sponsor me because she is not blood related so Im lost.

I thought I had one spring of hope because I have a 1st Uncle that lives in Montreal and migrated there in his youth and became citizen almost 20 years ago. Problem is, hes a convicted felon, and he recently filed for bankruptcy.

So to recap:
We are both educated.
She is currently enrolled in university and is a student.
She was born and raised in Edmonton
I am born and raised in the US still living in the DC area
We just got married, have a certificate for proof.

What are our options if she cannot sponsor me due to income?
We were planning to have an official BIG wedding later this year, and Im worried this wont happen because of these issues...I need to work, make money, Ive vested so much money and time in college education and I cant for the life of me find anyone to help except lawyers that seem to promise half-assed work for thousands of dollars, not really guaranteeing anything.

Please help, Her and I could really use guidance

 

[bigleafbride]

Hi,

A faster and less complicated way would be for her to get a part time job. Since you are a spouse and you guys have no kids, there won't be any income amount required for her to sponsor you. If your concern is the tax, then a part time job can address that.

 

[MuscleMan]

Thank you everyone. A part time job doesnt seem like an option since shes a full time student and already working over 40+ hours a week at her family business. Lets just say, she is a key part of this business and without her, it would fail.

So- ive been doing research as well, and it seems the mother (who is now the mother in law) can sponsor me too correct? If this is the case, please let me know.

thank you for the wealth of feedback to all of you.

 

[scylla]

Thank you everyone. A part time job doesnt seem like an option since shes a full time student and already working over 40+ hours a week at her family business. Lets just say, she is a key part of this business and without her, it would fail.

So- ive been doing research as well, and it seems the mother (who is now the mother in law) can sponsor me too correct? If this is the case, please let me know.

thank you for the wealth of feedback to all of you.

No - her mother cannot sponsor you. Her mother also cannot be a co-sponsor. Only your wife can sponsor you from a Family Sponsorship perspective.

 

[MuscleMan]

Is that because the mother and I are not blood related.. I figured since she is NOW a mother-in-law, she can technically be considered family.

wrong?

 

[zardoz]

Yes, only a spouse or common-law/conjugal partner can sponsor in the class you are enquiring about.

The subject is covered in detail here -> http://www.cic.gc.ca/english/immigrate/sponsor/index.asp

 

[canadianwoman]

Well- Problem is she isnt a potential candidate to sponsor me.... She has no proof of taxed or taxable income since she works in her family business and has always either got paid directly into an account via cash- or its gone straight back into the business. She still lives with a parent and has no place of her own, and probably wont be able to because she simply cannot afford to at this time.

None of this means she cannot sponsor you. Someone can sponsor his or her spouse or common-law/conjugal partner without any income or job.
Now, the visa officer does want to see that the couple can support themselves once the applicant arrives in Canada. So a sponsor without an income or job typically includes a plan about how the couple will survive once in Canada. Your wife can get a letter from her parents stating that they will support the two of you until you get on your feet, and will let you two stay at their place rent-free. She can also include your qualifications and job history as evidence that you will not have any trouble getting a job. An applicant who can speak English (or French) is generally considered capable of getting a job once they arrive. I have never heard of a healthy American in his 30s being refused for this reason: the visa officer will just assume you will be able to get work once you arrive in Canada.


Your uncle cannot sponsor you.
Her mother cannot sponsor you either. However, your wife can sponsor you. You need proof the relationship is genuine, and I suggest a plan outlining how the two of you will support yourselves once you get your PR visa, but that is basically all.

 

[scylla]

Is that because the mother and I are not blood related.. I figured since she is NOW a mother-in-law, she can technically be considered family.

wrong?

Yes - unfortunately wrong.