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zaimin

Newbie
May 27, 2014
2
0
Hi

I am a canadian citizen. My husband and I met here in Canada and we got married here. He then got deported back to Pakistan a year ago because he was here illegally for several years and because he had a minor criminal record.

I thought our marriage would help keep him here....I learned the hard way it would not. When I speak to lawyers about getting him back here they say because of his criminal record and the amount of time he spent in Canada illegally - they will NOT let him back in.

I am so angry because I was told that maybe if I marry him it may help him. Even when we tried to appeal his case to federal court the prosecutor says the spouse can always sponsor him back so we will deport him for now.

Is there anything I can do? Or is this it?
 
this is a tough case and you may have to proof that it isn't a marriage of convenience. you mention that you two got married just so he can stay back. that's a red flag in itself. did you file for a sponsorship application after the marriage? any joint documents in canada?
 
Best to consult an immigration law firm, and then decide.
Only they can offer best advice after they look @ everything, including his criminal records.

OP should decide AFTER that about her life
 
zaimin said:
Hi

I am a canadian citizen. My husband and I met here in Canada and we got married here. He then got deported back to Pakistan a year ago because he was here illegally for several years and because he had a minor criminal record.

I thought our marriage would help keep him here....I learned the hard way it would not. When I speak to lawyers about getting him back here they say because of his criminal record and the amount of time he spent in Canada illegally - they will NOT let him back in.

I am so angry because I was told that maybe if I marry him it may help him. Even when we tried to appeal his case to federal court the prosecutor says the spouse can always sponsor him back so we will deport him for now.

Is there anything I can do? Or is this it?

The best course of action is discuss with the best immigration lawyer in your city, he/she can find a way out for you. Wish you good luck!!
 
I think OP has already been to some lawyers who show her a bleak picture, and that's true - not only he will need rehab but the illegal stay will also hinder the whole app. In addition, add to Pakistani Spouse timeline + the fact if marriage is genuine ( very tough to prove about its genuineness ) so OP has to decide if she can stay in the fight for easy 3+ years
 
Basically our relationship is genuine - we were dating for several years in Canada. I just didn't marry him sooner b/c we had our issues that were not resolved yet. Then I find out he may be getting deported so I did the marriage quickly in the court - but we have all the pictures/our trips / proof that we have been dating for several.

then I filed an in land sponsorship which was then denied b/c he got deported.

Then I wanted to file an out of land sponsorship but the lawyers are telling me that there is no point - they will make it impossible for him to come back due to his record and his illegal status (he was hiding from immigration once his refugee status got denied in Canada for years).

I am so frustrated...I am thinking for his life I should just end the marriage so he can move on. I don't know how much more of this I can handle. I have already spoken to 2 lawyers who say the same thing. But then I hear friends/family say that there has to be another way....I don't know.
 
zaimin said:
Basically our relationship is genuine - we were dating for several years in Canada. I just didn't marry him sooner b/c we had our issues that were not resolved yet. Then I find out he may be getting deported so I did the marriage quickly in the court - but we have all the pictures/our trips / proof that we have been dating for several.

then I filed an in land sponsorship which was then denied b/c he got deported.

Then I wanted to file an out of land sponsorship but the lawyers are telling me that there is no point - they will make it impossible for him to come back due to his record and his illegal status (he was hiding from immigration once his refugee status got denied in Canada for years).

I am so frustrated...I am thinking for his life I should just end the marriage so he can move on. I don't know how much more of this I can handle. I have already spoken to 2 lawyers who say the same thing. But then I hear friends/family say that there has to be another way....I don't know.

BTW how bad is the criminal conviction - illegal wouldn't be as bad as this issue. Frankly, at this point - the lawyers are being honest coz all u can do is apply and take it from there but there are so many variables that from the offset, this looks like a bad case ( but not an impossible one ) so u need to decide that this will be a long stretched out fight, and if u both can give 3, 4, 5 years - lot of things change in that time period
 
There is another option. It would increase the odds of being able to come back. Move out and go live with him for a year or 2 in Pakistan. Then submit the application. The fact that you married him to help prevent him from being deport screams "red flag" of marriage of convenient right there to CIC view point. Once CIC see that you were there with him for a couple of years will show them that it wasn't a case of marriage convenient.
 
You should live with him in Pakistan for a year or two, then submit proofs of that when you apply for outland sponsorship. However, you do have an uphill battle because of his immigration record.