Sponsoring spouse with out of status in the

[ae03yy]

Thank you for your words Ponga. They echo my ears and make me feel like a queen in control of her destiny. Trust be said some 20yrs ago I broke up with a young man despite being still madly in love with. After that we stayed friends and had common friends too. I was ok with being there for him as friend but wanted nothing to do with the guy. In 2015, he tried reconnecting after about 18yrs to tell me something. He used a common friend to reach out, but once I realized he was behind it I stopped all communications with our friend. I was heartbroken at the time and was perhaps not ready to listen. My phone died not long after and given I had not saved the friend number that was that. Also I was really sceptical and scared to trust again. Somehow I got my PR and just received my citizenship in 2015. I have good knowledge of immigration and the flaws people use to reach some common good and it did cross my mind that maybe he knew I made my way out.

My dad suddenly passed away two years ago. I admired him and so his passing created a whole inside. I had given up on the idea of marriage and family. Thought love was not for me! Yet the death broke out something I can hardly explain. Then last year during a severe storm in my city that left my house powerless, my Jesus and I had a chat. You see the whole neighborhood was without power. I was teleworking and had a trip planned for June to travel home, visit and pay respect to my dad. It was the end of May and still there was a power outage which unable me to wrap up my work. People counted on me and I was unable to do anything but sit still. In the midst of all this, something came out from deep inside. I said to the Lord I am ready, bring him onto my life. Then I received the conviction that my soulmate was among my exes. After that moment I tried reconnecting with some of them. I remembered how the young man of my childhood wanted to speak to me in 2015. That’s why I used social media to reach out to the same person we both knew. That friend found his contact and we started talking and are still to this day.
In my heart, I know what I knew already the day I broke up which is I was actually stopping a unique relationship with the man of my life. Today, we are married and we both want blessings that belong to any other married couples. I am disabled and know he could have found someone else but he did not, during those years he could not find true love either. This is why you see… your advice matter. Getting a lawyer could help but I feel like it’s an easy way in which the Lord’s Name cannot be glorified fully. I’m starting to realize with this discussion group that God has something to say to Canada and through Canada immigration. Believe me I am not scared of a US ban because I know him who live inside me and I know my path whatever it is, will be based on the Truth. This is why my marriage is standing today. I’m thankful for your answers all of you. They mean the word to us !!!

Please, I beg keep posting if you or someone you know have been successful with their spouse sponsorship despite inadmissibility due to out of status, etc. Tell me their stories, send me links to similar situations for outland PA. Please and thank you so much in advance.

 

[canuck78]

Please can you let me know more. I’m understanding that things have changed so much but yes we got married in the US too. Will DM you when I get off work cause I’m starting in a few minutes. Thank you so much in advance

Do they have a valid passport? If they need an interview it will likely be in the person’s home country. How much time did you spend dating before getting married and especially dating in person? Do you live in a border region? If not how many in persons visits did you have before getting engaged and married? How much time and how many visits have you spent since getting married or do you live in the US now?

 

[ae03yy]

Do they have a valid passport? If they need an interview it will likely be in the person’s home country. How much time did you spend dating before getting married and especially dating in person? Do you live in a border region? If not how many in persons visits did you have before getting engaged and married? How much time and how many visits have you spent since getting married or do you live in the US now?

Hi canuck78
Yep, he renewed his passport less than a year ago. My husband is my first everything so we met in 1993. We’re friends at first and started dating months later in 94. We were together for about 4 years 1/2 during which I travelled to Canada for school in August 96. I would literally be ending school on one day and be on the plane the next day or two. Something happened that forced me to end things in 1998. I kept travelling back after school year was over and we remained friends (in good terms helping one another). One major issue that we had at the time was the fact that part of my family disapproved of us and tried to separate us. We did not have my family support because mostly of age and status factors. I was leaning towards my 14 when we got together and he had just made to adulthood but was seen by my parents as a threat to my future.
my last trip was for Christmas 2001 and after that trip I stopped travelling back home due to instability in the country and my studies became more important to me. We would still meet and hang out when I get home so my last time with him was in January 2002 before I returned to Canada.
in 2015, a common friend reached out to me via Facebook and we exchanged messages, calls on Viber till I became aware that my husband was behind that and wanted to speak with me. I just received my citizenship, was moving forward with my life and determined to not be in any relationship. So when I realized he was behind the sudden interest from my friend, I interrupted all communications because I was scared. I stayed turned thinking that it would force him to reach out to me directly but he did not. My Facebook account was deleted already andmy phone also died on me. Therefore we only reconnected last July. We talk daily and I been visiting every holiday since. I live near a border but don’t drive because of my disabilities. I went to see him last year forCivic holiday weekend, Labor day weekend and stayed till after my birthday. We both took a trip to visit our respective families and during which we got engaged. Then I went again for Remembrance weekend, Christmas & New Year holidays and Easter holiday this year. Families did the traditional wedding in end of April and so I did not travel in May because of our wedding planning (too much things to do and not enough money). I travelled end of June for prepping the wedding and we got married on Canada Day, one day to our reconnecting anniversary.
unfortunately my work doesn’t allow me working outside Canada. We thought he could move in the border city nearby when his lease expires but I will still need to find ways to commute pass the border on weekend since I don’t drive. I got back last week from honeymoon and I’m travelling again at the end of August for 2 weeks and back after Labour Day.
hope I covered all your questions. Thank you

 

[Ponga]

Please, I beg keep posting if you or someone you know have been successful with their spouse sponsorship despite inadmissibility due to out of status, etc. Tell me their stories, send me links to similar situations for outland PA. Please and thank you so much in advance.

Because he is NOT in Canada, his overstay and unauthorized work in the U.S. is not `disrespectful' to Canada, or IRCC. He has not violated any immigration laws in Canada. So...get past that undue angst! He will have to mention this in his application, obviously, but unless I have missed something, being without status in another country, does NOT make him inadmissible to Canada. As mentioned, the relationship with you may be looked at very closely, especially if on the day that his valid status in the U.S. expired you were not `together' in a relationship (you said he's been out of status for 3 years).

Have a read through this thread regarding an overstay in the U.S.:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/overstayed-in-the-us.680967/#post-8565239

Your story is quite compelling and detailed. Just move forward, leaning into your faith.

 

[armoured]

My husband is my first everything so we met in 1993.
...
I got back last week from honeymoon and I’m travelling again at the end of August for 2 weeks and back after Labour Day.

Okay, you've known each other ~30 years and have been together for a year, with multiple physical visits, a traditional marriage, family and friends involved, etc. That's not a bad start.

So simple suggestion going forward: don't write a romance novel, and don't be defensive. Re-write the above, for yourselves (for future usage in the application) in bullet form. If you want, make a table or two of important things to help you keep track. Remove most of the adjectives and emotion verbs and all that - romance novel stuff. Put the above in fact terms, dates, specifics, where you went, etc. Focus most on providing dates you met and spent time together.
-Stuff from 10, 20, 30 years ago - background only, short form. They won't care about the romantic details from your teens or what caused you to break up then - you can bullet point that 'we were romantically involved [dates].'
-Then go by the dates and basics and bullet points and see what you can show that matches (eg pictures, some kind of evidence). You probably won't need all the evidence but just get organised.

Most important: download the application, read through, start to fill it out and start to collect what you need. Read carefully what they're looking for. Make lists and notes of the things you don't understand on first reading, same lists and notes of things you have or might need, can get, can't get. Don't try to complete the whole package at once, jump parts that look too hard at first and come back to it.

Identify the stuff you MUST get (mainly official documents) and start the process to get that stuff right away.

 

[Ponga]

Okay, you've known each other ~30 years and have been together for a year, with multiple physical visits, a traditional marriage, family and friends involved, etc. That's not a bad start.

Really? That appears to be a pretty good start, IMHO.

 

[armoured]

Really? That appears to be a pretty good start, IMHO.

In one of the peculiarities of different variations of English, 'not bad' can often carry the connotation of being a high compliment and quite a lot better than 'pretty good', which itself can be heard as meaning 'quite bad, actually' (but the speaker considers it gauche to say so).

So not certain what it is you're trying to say, but yes, probably not a problematic profile.

 

[Ponga]

In one of the peculiarities of different variations of English, 'not bad' can often carry the connotation of being a high compliment and quite a lot better than 'pretty good', which itself can be heard as meaning 'quite bad, actually' (but the speaker considers it gauche to say so).

So not certain what it is you're trying to say, but yes, probably not a problematic profile.

You say tuh-MAY-toe, whilst I say tuh-MAH-toe, I guess. LOL! Great advice in your post, though.

 

[Ponga]

One of the forms that he will need to complete, is IMM 5669 [Schedule A Background Declaration]. Section 8 of that form pertains to his Personal History since age 18 (or the past 10 years, whichever is most recent) and he needs to show his activity (visitor, worker, student, etc.) as well as his status (or lack thereof) in the country where he was during those dates.

He would (obviously) show the date when he entered the U.S. as a visitor (status would be visitor) but would need to show the `to date' as the day that his visitor status ended. He would then show, from that date forward (next line entry), that his status was (and still is) `None', or whatever the instruction guide for that form requires. In Canada, those without status would write "None-requires restoration" (or similar), but that doesn't apply since he cannot regain legal status in the U.S., withot leaving and successfully being allowed to re-enter, so no `restoration' is possible.

 

[armoured]

You say tuh-MAY-toe, whilst I say tuh-MAH-toe, I guess. LOL! Great advice in your post, though.

That's a pretty good response.

 

[Ponga]

That's a pretty good response.

You mean...not a bad one, right?

 

[ae03yy]

Because he is NOT in Canada, his overstay and unauthorized work in the U.S. is not `disrespectful' to Canada, or IRCC. He has not violated any immigration laws in Canada. So...get past that undue angst! He will have to mention this in his application, obviously, but unless I have missed something, being without status in another country, does NOT make him inadmissible to Canada. As mentioned, the relationship with you may be looked at very closely, especially if on the day that his valid status in the U.S. expired you were not `together' in a relationship (you said he's been out of status for 3 years).

Have a read through this thread regarding an overstay in the U.S.:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/overstayed-in-the-us.680967/#post-8565239

Your story is quite compelling and detailed. Just move forward, leaning into your faith.

Hi Ponga and everyone
Just want to clarify the inadmissibility part and mention that word came from an immigration lawyer. I reached out to her for consultation and she said she cannot take our case because he overstayed and is illegal in the US. She also said he would be denied because his inadmissibility. She doesn’t recommend that we apply for spousal sponsorship. She’s working in the Cohen office and so hearing that made me decide to file without legal help. We’ll fight our battles on our own and I know it won’t be easy. Yet I’m going to say the truth and so will my husband. In the end, immigration will decide to let him in or not!!!

 

[Ponga]

Hi Ponga and everyone
Just want to clarify the inadmissibility part and mention that word came from an immigration lawyer. I reached out to her for consultation and she said she cannot take our case because he overstayed and is illegal in the US. She also said he would be denied because his inadmissibility. She doesn’t recommend that we apply for spousal sponsorship. She’s working in the Cohen office and so hearing that made me decide to file without legal help. We’ll fight our battles on our own and I know it won’t be easy. Yet I’m going to say the truth and so will my husband. In the end, immigration will decide to let him in or not!!!

I can't believe this is true. MANY people have successfully obtained PR that have overstayed in the U.S.

His [potential] inadmissibility issue is with the U.S., NOT Canada.

Try this:
https://www.canada.ca/en/immigration-refugees-citizenship/services/come-canada-tool.html

Then, click on `Check your eligibility'.

Lastly, see this:
https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/inadmissibility/reasons.html

failure to comply with any provision of IRPA
Examples of failure to comply with IRPA include:

• temporary residents who don’t respect the conditions of their stay—for example, they stay longer than allowed, or work or study without the proper permits
• permanent residents who haven’t lived in Canada for the required amount of time
• people who have previously been deported and try to enter Canada without written authorization (In some cases you may need an Authorization to return to Canada (ARC) in order to be admitted to Canada.)

NONE of those apply to a person that has overstayed in another country...unless I'm missing something.
IRPA is an Act of the Parliament of Canada, not the U.S.

 

[scylla]

Hi Ponga and everyone
Just want to clarify the inadmissibility part and mention that word came from an immigration lawyer. I reached out to her for consultation and she said she cannot take our case because he overstayed and is illegal in the US. She also said he would be denied because his inadmissibility. She doesn’t recommend that we apply for spousal sponsorship. She’s working in the Cohen office and so hearing that made me decide to file without legal help. We’ll fight our battles on our own and I know it won’t be easy. Yet I’m going to say the truth and so will my husband. In the end, immigration will decide to let him in or not!!!

Overstaying in the US does not make him inadmissible to Canada. To be inadmissible to Canada, there would need to be more going on such as criminal charges or a criminal conviction.

 

[ZeeKing]

There have been MANY that have successfully navigated the process, thanks in large part to these forums. Continue to ask questions.
Again, if the ONLY real issue that you're concerned with is his overstay and working illegally in the U.S., you can address those issues without needing legal help, IMHO. The most important part is being 100% truthful (and some would also say to show remorse, on his part, for not abiding by the rules in the U.S.).

Having said that...

The most important piece in your puzzle, is YOU being approved as his sponsor. Without an approved sponsor, a PR applicant (under the Family Class stream) would not qualify for PR...obviously.

Second, is the assessment of your marriage. If you have proof that it [appears] to be genuine, that's the next critical piece.

Lastly, is his security, background and inadmissibility checks.

The `issues' he has in the U.S. should not derail your sponsorship application...UNLESS...He was out of status when you got married. If that's the case, IRCC could possibly see that as something to investigate. If he was out of status and working illegally, he may not have had any way to remain in the U.S. and, not wanting to return to his home country...decided to have you sponsor him for PR in Canada. Now, I am NOT saying this to offend you; only showing what IRCC could suspect if he was already out of status when you got married.

If he is your childhood sweetheart, you undoubtedly have some history of your romantic relationship prior to getting married (not talking about passing notes to each other in grade 7, LOL!). That history could be very important to IRCC. Unless things have changed, a spousal sponsorship applicant usually writes and includes a narrative, detailing their` story' with their sponsor. Make it powerful and truthful!

Please how did this go? I am kinda in the same situation and do not know how to go about it. Please help