Sponsoring my non-status Wife from United States

[chrisabes]

Hello All,

Anything that would help me fill out all the forms and help us in processing our sponsorship is greatly appreciated.

Our situation:
My wife is a Filipina, but has been leaving in Unites States for almost 12 years. She came to US in a tourist visa in 2000, manage to get a job, finished school and now working in a hospital in California. She doesn`t have any status in the US (basically illegal alien), but have drivers license and SS number (she pays taxes as all other american do).

We got married in April 2012. I`m in the process of sponsoring her to come to Canada through Family Class Sponsorhip - Spouse.

Questions:
-What necessary information should we need?
-What Immigration Office should we use for processing the application? (United States or Philippines)
-Since she’s been leaving in US for almost 12 years now, What status should we put in her application?
-Would her status in US affect the application?
-Does she need to be in Philippines for the processing?
-I know that the police cetificates and medical certificates will be country specifics, can this be done in United States?

I guess the main question I have for this processing is if we can submit and process her Sponsorship without going home to the Philippines?

Again, we appreciate all the answers, tips, and help we can get.

 

[scylla]

Her file will be processed by the Manila office. She cannot select the US. To select the US, she would have had to have been legally admitted to the US for a period of at least one full year. You cannot get a one year stay on a US tourist visa (extensions don't count, you must be allowed a 1+ year visit when you originally enter the US) - consequently her file must go to Manila. She can submit the application while in the US. However if an interview is required, it will be held in Manila with no possibility of moving the interview to the US. So there is no guarantee the application can be processed without her having to go back to the Philippines.

She can complete the forms, do the medical, and obtain the police checks from the US.

She should say she has "no status" in the US (she must be honest). Her illegal status shouldn't complicate her application as long as she's honest.

Once she leaves the US, she will automatically be banned from re-entering for a period of 10 years. Having Canadian PR or even citizenship won't change this. Hopefully she's not leaving any close family behind that she'll want to visit.

Hope this helps.

 

[CharlieD10]

You can sponsor her while she remains in the US, but you have to do it via the office in Manila, as she was not admitted to the US for at least a year when she initially entered the country (visitors get a maximum of 6 months).

She has no status in the US, so that is what you put on the application: none. That would not affect her application to be sponsored to Canada in the sense that they would reject it for that reason, however the genuineness of your relationship could be called into question because she is without status, obviously doesn't want to go back to the Philippines and they might feel she is just using you to be legal in Canada.

You can get her medical done at a DMP in the US, you will need her FBI report (it doesn't matter if she's illegal, you still need to request one) and her PCC from the Philippines.

 

[chrisabes]

Thank you scylla for the help, every little information helps.
Where do we put "no status", should we choose Other and then specified as "no status" or "none"?


Thank you CharlieD10! You mention about getting her FBI report and PCC from the Philippines... What is DMP and PCC? Why can we not get the FBI and/or Police clearance from the US (as per scylla)?
She can go back to the Philippines now, but we prefer not too if we can process her papers from US. We are trying to be practical, since she have a work in the US right now, she is getting income. If she go home to the Philippines, then she will be staying home and doing nothing until we get the papers sorted out.

 

[CharlieD10]

Sorry. DMP = Designated Medical Practitioner, those are the doctors authorized to perform Canadian immigration medical examinations.

I meant she will need her FBI report from the US, as well as a police certificate from the Philippines (presumably she was over 18 when she left there), not that she has to get those while in the Philippines.

 

[scylla]

Charlie means that you will need BOTH a police certificate (PCC) from the USA AND from the Philippines (plus anywhere else she has lived for six months or more since the age of 18). You can obtain these while she remains in the US.

DMP is designated medical practitioner (doctors authorized by CIC to do the medical required for immigration). When you get the medical, you must go to a DMP.

 

[CharlieD10]

Thanks, scylla! Looks like you and I keep reading this one at the same time, LOL.

 

[scylla]

Thanks, scylla! Looks like you and I keep reading this one at the same time, LOL.

Yup!