Ill admit our problem is mostly because of our own poor planning. Here's the situation:
My husband and I met in June of 2008 in California. I am a US born citizen he is Canadian. HE was there under the radar because he doesnt have a passport and he wasnt planning on staying but thats the way it ended up. WE met and dated and decided to get married and because he didnt have proper ID we had to come to canada to get married. We crossed over in January 2009 in niagara falls and when we got the the border the guard there was pretty hostile with us and before we could say why I was coming she told us if we were going to get married here she wouldnt let me in. (This was BEFORE a US Citizen needed a passport so all I had/have is my birth certificate and California drivers license. ) So we said I was coming here to meet his family and such, which I was in a way but also to get married. I was given a temporary status until february. We married Jan 9, 2009 and when my temp ran out we got an extension which they gave me until May 2009. We then(I know we should have researched all this before we even thought about coming here) found out that according to the immigration web site spouses do not have to maintain their status. They will simply be without any status and thus cannot legally work here or vote etc, etc. Because of financial difficulties and temporarily losing my birth certificate we couldnt do the PR application so we let my status run out. In the meantime we had our first child, here in canada. My husband has a past that has unfortunately caught up with him(it ALWAYS does you cant avoid stuff forever) and he is currently in jail and may be there for another 18 months. If he does have to stay there, I will need a job so I need to fix my status. I am sure that because he's in jail, he can no longer sponsor me. I was told that because our son was born here and is a canadian citizen and I am his sole caretaker, canada cant kick me out. I dont want to have to do anything under the table but I do have to support us so I need status. I sent an inquiry about this to an immigration lawyer and I am waiting on his reply. I think I am majorly stuck right now. I dont know if I need to apply for PR now as a spouse(if I even can) or maybe for work( I am a massage therapist), or go back to the US(will they even let me cross without a passport now? even though I came before it was required?) but then what will I have to do about our son? Can I bring him to the US with his dad being in jail? I do have in-laws here now who are willing to help any way they can but Im not sure the best way to go about this. Please save the condemnation, I just want to make this right for our son.
My husband and I met in June of 2008 in California. I am a US born citizen he is Canadian. HE was there under the radar because he doesnt have a passport and he wasnt planning on staying but thats the way it ended up. WE met and dated and decided to get married and because he didnt have proper ID we had to come to canada to get married. We crossed over in January 2009 in niagara falls and when we got the the border the guard there was pretty hostile with us and before we could say why I was coming she told us if we were going to get married here she wouldnt let me in. (This was BEFORE a US Citizen needed a passport so all I had/have is my birth certificate and California drivers license. ) So we said I was coming here to meet his family and such, which I was in a way but also to get married. I was given a temporary status until february. We married Jan 9, 2009 and when my temp ran out we got an extension which they gave me until May 2009. We then(I know we should have researched all this before we even thought about coming here) found out that according to the immigration web site spouses do not have to maintain their status. They will simply be without any status and thus cannot legally work here or vote etc, etc. Because of financial difficulties and temporarily losing my birth certificate we couldnt do the PR application so we let my status run out. In the meantime we had our first child, here in canada. My husband has a past that has unfortunately caught up with him(it ALWAYS does you cant avoid stuff forever) and he is currently in jail and may be there for another 18 months. If he does have to stay there, I will need a job so I need to fix my status. I am sure that because he's in jail, he can no longer sponsor me. I was told that because our son was born here and is a canadian citizen and I am his sole caretaker, canada cant kick me out. I dont want to have to do anything under the table but I do have to support us so I need status. I sent an inquiry about this to an immigration lawyer and I am waiting on his reply. I think I am majorly stuck right now. I dont know if I need to apply for PR now as a spouse(if I even can) or maybe for work( I am a massage therapist), or go back to the US(will they even let me cross without a passport now? even though I came before it was required?) but then what will I have to do about our son? Can I bring him to the US with his dad being in jail? I do have in-laws here now who are willing to help any way they can but Im not sure the best way to go about this. Please save the condemnation, I just want to make this right for our son.
