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Sponsoring spouse, living in U.S., from Colombia

marbarr

Newbie
Jan 29, 2008
4
0
My Son married a young lady who is a citizen of Colombia. She was working in the U.S., but her company has informed her that her visa has been canceled and that she needs to leave the U.S. Meanwhile, my son has been working on immigration papers to Canada, but now doesn't know what to do. Can his wife come to Canada and work on immigration from inside Canada? Is there any way around having to send her back to Colombia?
 

thaiguy

Champion Member
Apr 7, 2007
1,216
4
Vancouver
You have about four questions I think.

First, can your son sponsor his wife for immigration to Canada. The answer is yes. Since your son is a U.S. citizen, he can apply to the Buffalo office and must include his spouse (and any dependents) in the application. It doesn't actually matter where his family is living.

The second question is whether his wife can legally stay in the U.S. during the application process. Technically, the answer is no. She should leave before her visa expires to comply with U.S. law. However, I'll tell you that other 'out of status' individuals in the U.S. have immigrated to Canada. If she overstays her visa, that will not disqualify her from immigrating to Canada.

Third is whether she can go to Canada during the immigration process. I don't really see a way to do that legally, because your son isn't yet a permanent resident. If he were, he could sponsor her from inside Canada while she visited on a temporary residence visa. However, he's not so he can't and she can't.

What are possible outcomes? If your son's wife is detained or deported from the U.S. during the application process, it shouldn't affect her ability to immigrate to Canada. However, if she gets her medical checkup done in the U.S. and follow-up is needed, she'll need to go back to the same doctor. That will be a problem if she's detained or deported. Also, if your son and daughter-in-law are called for an interview, they'll be expected to be available for it in the U.S. If she can't attend, that will be a problem. And finally, overstaying her visa will affect her ability to visit the U.S. in the future.

So what I recommend is that she use her own best judgement. If she stays in the U.S., it is likely that everything will happen smoothly and the happy couple will be able to go to Canada. But there are some hazards that I think it would be best to avoid. I'd recommend she wait out the application process in Colombia.
 

marbarr

Newbie
Jan 29, 2008
4
0
In response - My son IS a citizen of Canada. In fact, he has dual citizenship with Canada and U.S. That's partly the reason they got a U.S. marriage certificate. Does this affect her ability to come and live in Canada while awaiting immigration?
 

thaiguy

Champion Member
Apr 7, 2007
1,216
4
Vancouver
The U.S. marriage certificate is fine for Canada. And he can sponsor her from inside Canada, providing she can find a way to get in.

The problem is that once she's married to a Canadian, they will automatically assume she's going there in order to stay. So they may deny her TRV, or if she's granted a TRV, they may deny her entry. But if she can manage to get into the country, he can sponsor her and she can stay.
 

marbarr

Newbie
Jan 29, 2008
4
0
Thank you. Just one more question. What is the best way of trying to get her into Canada, and how long does that take?
 

thaiguy

Champion Member
Apr 7, 2007
1,216
4
Vancouver
Well she needs a TRV. It doesn't take long to get - it's mostly just filling out the application and going for an interview. But she'll need to prove that it is her intention to return home (either the U.S. or Colombia) after her visit.

Normally, one would show ownership of property, a good job, a letter from the employer that she has X days off for vacation, specific travel plans, reservations, tickets, family in the home country, dependants, the need to return to attend university, etc. Obviously not all of those, but at least some.

In her case, I'm not sure what she could show. But you understand that she needs to convince them she's only going for a visit.