Sponsoring a spouse from US where she has no status. V.IMP

[Bluff Master]

Hello,
My situation is little complicated. I recently got my canadian immigration. At present I am single, but intend to marry this girl whom I know for over 5 years. We are at present in USA. I know that at this time if I get marry to her, it will do nothing but slow down the process. I am going to Canada in Novemeber 2008 to do my landing. This is what my plan is: land in canada, get my PR card, get job, come back to US, get marry, go back to Canada, and sponsor her.

There is a small situation. She came to USA in 1999 and her family applied for asylum in 2000. There asylum was denied and they appealed. Her case is still pending as of today. My question is after getting married, when sponsoring her, can I apply from Buffalo office or I will apply from the office of her home country (Pakistan).

I hope you understand my question, this is really really important as my life decisions are based on the answers that I will receive from you guyz.

Thanks in advance,

BluffMaster

 

[JM]

If she has no status in the U.S then it cannot go through Buffalo. You will have to process through her country of citizenship. I know this because i am going through the same thing right now. Hope everything goes well.

 

[GK]

She can apply via Buffalo if she was legally admitted to the US for 12 months at point of entry (regardless of her current status)

 

[Bhooman]

GK is right about this. She has to be entered in the country of application legally, and there is no time restrictions as to how long she was required to be legal in the country of application. My friend entered in US on tourist visa (he got 3 months at the airport), applied for Canada immigration under skilled worker category in 2004 and just recently was interviewed at Buffalo and granted the visa 2 weeks back.

 

[Bluff Master]

GK and Bhooman.

Thanks for the information. Wish me LUCK.

Thanks again.

 

[RobsLuv]

STOP! It is VITALLY important that you disclose your relationship and intention to marry her BEFORE you land. Yes, it will delay your process, but if you do not declare your relationship with her - especially if you are currently living together - you WILL set yourself up to have your future sponsorship application for her refused because not disclosing your relationship with her before you land excludes her from the family class!! You're treading on really thin ice - don't take the chance!

My suggestion - marry her now and add her to your current application. It's the fastest, and safest route to what you want to accomplish. It's not going to matter that she's in the US without status - CIC will not hold that against her. But do not, do not, do not land and pretend that you're not in a serious, committed relationship with this girl just because you're afraid it will delay your own application.

 

[Bluff Master]

RobsLuv,

Sorry for a late reply. I was out of town and just cameback yesterday. Thanks for your input. I am also thinking on the same grounds. But we don't live together nor we are married at this time.

I want to marry her and that's why I am doing my landing earlier, so I can settle in Canada and then do the rest.

What do you say?

 

[RobsLuv]

I'm just cautioning you because I've seen people whose applications were refused because the visa officer's reasoning was that, if you married someone so soon after landing, you were already in a significant relationship (possibly common-law) at the time of landing and you did not declare the relationship. I know, it shouldn't happen but there's a guy posting in an appeals thread who was refused for this reason and he actually had to prove, in appeal, that he and his wife were not common-law partners before his landing. It took them two years to finally get her visa. You just want to do whatever you can to simplify your case and not give the visa officer reason to refuse, because if they believe something to be true, that's reason enough and they don't have to justify their decision. Even if you haven't lived together - it's better, in my opinion, to delay landing, marry her and add her to your application than to run into a situation where you have to prove that you didn't live together before your landing.

 

[Bluff Master]

Thanks for the information.

How about if she applies via Federal Skilled Worker class? She can easily get 67 points. then at a later stage say in3-4 months time, we get married and she can inform CIC about our marriage and get extra points for it if eligible.

Thanks,

 

[Leon]

Federal skilled worker is currently closed for renovations you could say. I don't understand why CIC has not announced that on their website. You can find things about it on various news announcements only, for example http://www.canadavisa.com/immigration-priorities-federal-skilled-worker-applicants-released-fall-080818.html and http://www.canadavisa.com/canadian-federal-skilled-worker-applicant-occupation-080904.html

The new rules are not out yet but according to various announcments by the minister it seems that they will have a list of skilled professions for skilled worker, if you are not in one of them, you may not be able to apply for it. No use trying to apply now to get under the wire because the new rules already apply since February 27 2008. Applications since then are waiting for the new rules. Basically it means that processing will be faster for the professions included in the list but other professions may need to find another way to immigrate. We will know more when they post the rules in a couple of months time.

 

[Bluff Master]

Thanks Leon for the information. Sorry to use this word but this really SUCKS.

Iam doing my landing in Nov and plan to come back to US to wrap up things and move to Canada for good. What would you suggest to do so the girl I am planning to get married to can move to Canada.

 

[Leon]

Are you common law (lived together over 12 months) because if you are, you should have disclosed her on your application. If you don't, you kill any chance you have of ever sponsoring her. Immigration will be really pissed off at you if you don't declare a common law wife on your initial application or when you land in Canada signing the paper that you are still single but then magically produce her right after you have landed.

If you are not common law yet or don't live together yet, you can marry her and apply to sponsor her at some point after you land but as RobsLuv said, if you marry too soon after you land, immigration may believe that you were already common law when you came and you might have to prove that you were not.

Another way for her to immigrate would be to try to get a job and work permit. You could help look for a job for her once you are here. If she comes in on a skilled work permit, you can live together and she can apply for PR later through PNP or CEC.

 

[Bluff Master]

Thanks Leon and Rob,

We are not living together and we are not married or common law partners. The culture and religion I come from doesnt allow this. When I initially applied for immigration, we talked about all options so we both can apply together, but there was no result and I have to apply by myself.

Now things have changed and we both want to get married. I know we have decided this a little too late. I dont want to take any step at this point which can create problems for both of us. Thats why i want to know what would be the best step to take. I have a question, why does it matter to them, if I get married next day of landing or after 3 years of landing. Law says I am eligible to sponsor my wife. it doesnt say that i have to wait for such and such time before i can marry. What do u think?

 

[Leon]

It is your right to get married when you want and to whom you want but it is also the right of immigration to question if the marriage is real or if you are trying to cheat on them somehow.

If you land as a single and then go and get married the next day or very soon after, their question would be; a) if you already had such an involved relationship that you were getting married, why did you not marry beforehand so that you could take your spouse with you at the same time, maybe you knew that your wife would get you refused for some reason, medial or otherwise and then you are trying to cheat them, or b) if you did not know the person that well that you get married to them before applying, then maybe you don't know this person at all and they paid you for marriage to get them a PR and then you are also trying to cheat them.

If immigration believes that you may be cheating them, it is up to you to prove that you are not. We are only trying to help you here to warn you about things that might cause you to get disqualified from sponsoring wife in the future or things that could cause a red flag to go up with immigration. You can do as you wish but I think RobsLuv is right that it is better to let CIC know about your marriage plans before you land, get married now, add your wife and delay your landing so you can land together or if you wish to go before her to arrange things, you can land when you both get your PR visa to find housing etc. and then she can join you later.

 

[Bluff Master]

Thanks Leon. I really appreciate your input. I am not blaming you or anything like that. All I am looking for better options.

Thanks again for your time and effort. I will keep you posted for any development. For now I am sure I have to land by myself as i cannot get married till April next year if it happens.