probably a very complicated family sponsorship matter..plz advise

[Lamont]

Hello everyone

I am new here. I posted my question in another forum (canada-city). I was advised to come here and seek your help. I just found out I am not allowed to post the link from the other forum but it is there in canada-city forum. So you may read before you offer your kind advice:

On 2008, I entered Canada using a fake passport. I had no other options. I married to my Cnd wife on 2009. She is pregnant now (30 weeks gestation). This year, and upon my request, my family back home sent me my real passport and all relevant Ids. My wife is preparing for my sponsorship right now. I have had no criminal records in both Canada and US (from there I came to Canada). What is the best way forward? Please do not be judgmental. There are circumstances that force some people to risk their life. Young Africans and young N Africans drown in the Ocean and Sea every week or month before they reach Europe shores.
I need your urgent advice please. I want to live with my loving wife and my baby.
Thanks

 

[lynw]

Best way forward? Be absolutely honest and tell CIC everything IMHO.

 

[Black-Berry]

Hello everyone

I am new here. I posted my question in another forum (canada-city). I was advised to come here and seek your help. I just found out I am not allowed to post the link from the other forum but it is there in canada-city forum. So you may read before you offer your kind advice:

On 2008, I entered Canada using a fake passport. I had no other options. I married to my Cnd wife on 2009. She is pregnant now (30 weeks gestation). This year, and upon my request, my family back home sent me my real passport and all relevant Ids. My wife is preparing for my sponsorship right now. I have had no criminal records in both Canada and US (from there I came to Canada). What is the best way forward? Please do not be judgmental. There are circumstances that force some people to risk their life. Young Africans and young N Africans drown in the Ocean and Sea every week or month before they reach Europe shores.
I need your urgent advice please. I want to live with my loving wife and my baby.
Thanks

okay lamont, i will be brutally honest with you. I will not be judgmental. It is hard because there are many many of us here being sponsored by our canadian spouses and vice versa and using legit means. First and foremost haveing a fake passport and using it to gain entry in the country is by law an offence. If they do find this out (which most likely they will). you can face deportation or even worse be charged.. My advice to you is.. if you are in a genuine relationship, leave the country and apply via outland
You also need to gather and save alll your papers that are in regards to this relationship because you will have to prove to an officer that your relationship is legit.
Im sorry but you do have a very complicated issue on your hands. Your case first of all will bring red flags to any IO looking at your case.
You are responsible for your own actions and the fact that you chose to obtain an illegal passport and use it to gain entry into canada ,marry a canadian and now you want to become legal??. Good luck mate. you will need it..
Sorry but i just had to be blunt and state it as it is .
That is just the honest truth. Where are you from if i may ask??

 

[SimpleMan]

I am sorry Lamont, I hope all the best for you man. It is very difficult situation.

In Canada, using illegal passport is a serious crime, and a national security risk. Usually, CSIS deals with those cases and investigates them.

Actually, I heard about people who used illegal passport to enter Canada in the past, and once government fount out, those people went ot jain and after that they deported them.

The best advice is to hire a good lawyer, and pray a lot. Marrying a Canadian wife and having a baby from her will not be much of help when it comes to national security related cases.

 

[scylla]

Lamont,

I was the one who suggested you come here. The board you posted on originally is useless, negative and hostile.

I can't offer you any real advice, but I'm sure others will throw in their two cents. However I do agree that you need to be honest going forward if you ever want to fully legalize your status here.

You may hear some opinions and judgements of the situation you are in. But along with that, you will hopefully get some useful advice and suggestions as well.

Good luck.

 

[Lamont]

Hello everyone

Thanks

I am not from a "security concern" country. In anyway, I say this for assurance though the classifications of "security threat" zones are biased.
I used the passport that came from :"visa waived" country. no stamp was needed. I just waved it from the car and entered. Then I joined my relatives in Quebec. By no mean I wanted to deceive Canada or anyone else. I was in despair status. The passport was destroyed the minute I arrived to my location. There was no fingerprint or any related issue. I have my own genuine ID passport right now. I can simply exit Canada and apply from abroad. Why should I bring trouble to myself if the fake passport does not exist and no one on earth know about it?

Please continue to advise

ps

scylla: thank you so much. I quite agree, the other forum is helpless

 

[locolynn]

. I can simply exit Canada and apply from abroad. Why should I bring trouble to myself if the fake passport does not exist and no one on earth know about it?

Please continue to advise

Maybe you just answered your own question.

However, if you don't plan on sharing the issue of your passport with immigration (and I can certainly see why you wouldn't) you are going to run into trouble explaining how you were married in Canada and came to have a child with a Canadian if you never were in Canada to begin with...do you see the conundrum?

Good luck to you!

Lynn

 

[SimpleMan]

The only problem I see is that sooner or later they will find out the real story. It is always good to be honest and come clean with the government.
Sooner or later, the CSIS will ask you how did you managed to enter to Canada, and they will interview you to get the detail.

I suggest you hire a good lawyer. You need a GOOD legal advice man.

 

[HoneyBird]

what if he indicates the officer did not stamp his passport? sometimes it happens when you cross borders? he said he was waved through...so maybe he can say he did not get stamped? report it as an error? dunno? unless his country of origin requires a visa then its hard to say it was not stamped cause that officer will not have made that big a mistake?

 

[SimpleMan]

what if he indicates the officer did not stamp his passport? sometimes it happens when you cross borders? he said he was waved through...so maybe he can say he did not get stamped? report it as an error? dunno? unless his country of origin requires a visa then its hard to say it was not stamped cause that officer will not have made that big a mistake?

I am sure that he requires a visa to enter Canada, so saying that he just waved his non-visa-exempt passport, and the officer made a mistake and did not stamp it, will not fly with CIC/CSIS.

Also, waving passports across the border and entering Canada without the CBSA entering your arrival info in the computer does not happen anymore. Those good days are long gone.

 

[HoneyBird]

okay but he came in 2008..so that was not so long ago. what if he applies for humanitarian or refugee status or something?because having a wife or kid does not mean he would not be imprisoned. Maybe as a refugee ? dunno...


He needs a really good lawyer.

 

[plumosa]

okay but he came in 2008..so that was not so long ago. what if he applies for humanitarian or refugee status or something?because having a wife or kid does not mean he would not be imprisoned. Maybe as a refugee ? dunno...


He needs a really good lawyer.

he can't get refugee status because he entered the US first---there's some rule about the first safe nation you enter being the one you have to apply for refugee status in.

 

[canadianwoman]

Lamont, your case is not hopeless, but it may take you a long time to get your PR visa. Could you tell us what country you are from and your real passport is from?

One problem is that the visa officer processing your case will most likely think you married your wife just to stay in Canada. Anyone applying for a PR visa as a sponsored spouse has to prove that the marriage is genuine and not just for immigration purposes. You will need even more proof than the average applicant that your marriage is real. Since you are living with your wife right now, getting lots of evidence should be easy. Get proof you two actually do live together; get affidavits from friends and relatives stating that they have seen the two of you together and it seems like a real, loving marriage to them; get evidence that you are thrilled about the baby - you should seem very interested in the pregnancy, eagerly planning for the new arrival, and well-informed about all medical issues your wife is going through.

It would probably be easiest if you voluntarily left Canada before the gov't catches you and apply outland. If you are willing to admit the illegal entry, you could try staying and applying inland. They may well try to deport you, but these cases often drag on for years. Meanwhile, you are living with your family. If you do this, develop close ties to the community - involvement in religious activities, volunteer activities, a good work record, and a close family life will help you with an ultimate H & C application, if it comes to that.

I know a Nigerian man who entered the USA illegally, then entered Canada illegally, was caught, married a Canadian, was deported, the first wife sponsored him and he was rejected, the wife refused to appeal and they broke up, then he married a Canadian friend he barely knew, she sponsored him, and he finally got accepted. He's in Canada right now. He had to wait for 2 years, because he was banned for that length of time, and also had to apply for an ARC - if you've been deported you have to ask the Minister to allow you to come back. Basically, though, he entered Canada illegally, but was ultimately successful in being able to stay in Canada, so don't lose hope.

 

[SimpleMan]

he can't get refugee status because he entered the US first---there's some rule about the first safe nation you enter being the one you have to apply for refugee status in.

Yes, you are correct, since he entered the US first, we will need to apply for a refugee status in the US.

The best option is for him to move to his home country (before the government finds out that he is in the country illegally), and his wife can sponsor him.

 

[plumosa]

personally I would wait until after the birth so you can have daddy-baby pictures and get to have some of the new parent experiences that I'm sure he doesn't want to miss. This way you can write your feelings about the birth, baby, to know what its like to change a diaper, etc.