Spousal Sponsorship after visa denied.? HELP

[POW]

Hoping to get the direction in what we need to take to get my Jamaican hubby to Canada.

So here is the story, We met in T&C in Feb 2014, I went back to visit in May (2weeks), July(2weeks), September(3weeks - we got married), November(2weeks), he left T&C to return to Jamaica in December to apply for a visitors visa through an agency. I visited in Dec/Jan, Feb and March. He was declined the visitors visa because of lack of travel and not enough money in his bank account. We did not put in the Visa that he was married. But the people who were paid to help with documents made documents stating that he was living with his Baby Momma and 2 kids in Ja. However the baby momma is not in Ja but in T&C with his kids and she has full custody. So he has not been living common law.. He has not been with baby momma since 2009.

So now I need to know the best thing to do.... if they ask on the papers if he was denied a visa before then they are gonna question how is he living common law but was married in Sept in Turks arent they? I am so scared that we totally screwed this up and we wont be able to be together..

I have filled out all the sponsor ship papers but haven't sent them in yet

Please help...What do we do?? ???

 

[Ponga]

This would be a good thread for you to follow:
http://www.canadavisa.com/canada-immigration-discussion-board/kingstonjamaica-t29680.0.html


First of all, you must submit everything at once...not just the sponsorship portion. You'll send your forms and documents, his forms and documents and the evidence of your relationship/marriage in one BIG package.

As long as he is completely honest in his application, you and he have nothing to worry about. That doesn't mean that he will automatically be approved, but he would not be denied based on misrepresentation.

Good luck!

 

[POW]

Thanks a Bunch!!

 

[scylla]

First of all, you must submit everything at once...not just the sponsorship portion. You'll send your forms and documents, his forms and documents and the evidence of your relationship/marriage in one BIG package.

As long as he is completely honest in his application, you and he have nothing to worry about. That doesn't mean that he will automatically be approved, but he would not be denied based on misrepresentation.

Good luck!

Not sure it's going to be quite that straight forward and I think it's reasonable to expect CIC may look at their relationship quite closely. In the failed visitor visa application he said he was living with someone else and failed to declare his marriage. Both are misrepresentations and CIC may have concerns the marriage is a MOC.

 

[Ponga]

Not sure it's going to be quite that straight forward and I think it's reasonable to expect CIC may look at their relationship quite closely. In the failed visitor visa application he said he was living with someone else and failed to declare his marriage. Both are misrepresentations and CIC may have concerns the marriage is a MOC.

Yes, but the OP stated that the people that were paid to help with his visa application made the mistake. He has no choice but to be 100% honest...and hope for the best.

 

[POW]

The reason we went to this agency was because we were told that we would definitley get the visitor visa then we were going to apply for sponsorship within Canada. But I am now wondering if we were just being scammed.
God, I hope it is not declined. Also does he have to do the family form where it is just him coming?

 

[canadianwoman]

I doubt it was a mistake. In any case, after they prepared the documents, he must have signed them. CIC has repeatedly stated that the applicant is responsible for the application. If a lawyer or consultant made a mistake, it is still considered the applicant's responsibility. Here it looks more like the consultants thought the best way to get a TRV would be to show family ties back home - the common-law spouse and kids he was supposedly living with - and to hide family ties to Canada - his wife. However, people have been successful even though previous applications included incorrect information, so I would not give up.

For the PR application, he must admit that he was refused a TRV. CIC checks this. If he does not mention it, he will be found guilty of misrepresentation and banned from Canada for 5 years.
Be honest on the current PR application. You can explain that it was the consultants that made the mistake about him living with his baby mama and kids in Jamaica. He can include proof that she and the children live in T and C apart from him. Try to get lots of proof of his residency since marrying you, and the residency of the other woman and the children.

The Additional Family Information form must be filled out by him.

 

[POW]

Will my husband have to fill out this form Additional Dependants/Declaration [IMM 0008DEP] where he is not bringing his kids with him??
His baby Momma has full custody of his boys.

 

[canuck_in_uk]

Not sure it's going to be quite that straight forward and I think it's reasonable to expect CIC may look at their relationship quite closely. In the failed visitor visa application he said he was living with someone else and failed to declare his marriage. Both are misrepresentations and CIC may have concerns the marriage is a MOC.

Agreed. It was a very serious misrepresentation and could most definitely be an issue for CIC.

Yes, but the OP stated that the people that were paid to help with his visa application made the mistake. He has no choice but to be 100% honest...and hope for the best.

Lol, the "but the lawyer/consultant told me to do that" argument means absolutely nothing to CIC, as we've seen on this forum many times. As canadianwoman said above, at the end of the day, it is ENTIRELY the applicant's responsibility to make sure that their app is factual.

 

[Ponga]

Agreed. It was a very serious misrepresentation and could most definitely be an issue for CIC.


Lol, the "but the lawyer/consultant told me to do that" argument means absolutely nothing to CIC, as we've seen on this forum many times. As canadianwoman said above, at the end of the day, it is ENTIRELY the applicant's responsibility to make sure that their app is factual.

I never said that it would be a valid excuse, which is why I did say, that he will need to be truthful [now] and hope for the best.

Having said that, I do recall seeing an episode of one of those border security shows (either Australian or New Zealand, perhaps) where a person had used third party to submit their visa application that contained a serious error (criminality I believe, but...I'm getting old). It turns out that the traveler had been faxed the signature page (only) so he signed it, thinking that [it] was factual. When he was able to convince the immigration officer that he was telling the truth, he was granted his visa.

I can't imagine CIC being as `understanding', for a spousal sponsorship application for PR, but...all the OP can do now is hope and pray that they are.

 

[POW]

Oh God, I am
Freaking out now... I guess there is nothing that can be done about it now except submit as much info as possible that we are legit and hope for the best...
It's weird how CIC didn't pick up on the fact it would be impossible for
Him to be common-law in Ja when he has been in Turks for the past 9 yrs.. Shouldn't they have noticed that?
Why is it so difficult for two people who love each other to be together?

 

[Ponga]

Oh God, I am
Freaking out now... I guess there is nothing that can be done about it now except submit as much info as possible that we are legit and hope for the best...
It's weird how CIC didn't pick up on the fact it would be impossible for
Him to be common-law in Ja when he has been in Turks for the past 9 yrs.. Shouldn't they have noticed that?
Why is it so difficult for two people who love each other to be together?

It's not CIC's responsibility to `pick up on', `notice', or otherwise `figure out' what the real story was. The fact is that he signed and [someone] submitted a visitor visa application that had erroneous information. I don't know if that misrepresentation, alone, would lead to his PR application being automatically denied. I would think that it would not, but as scylla, canadianwoman and canuck_in_uk have pointed out, they will need concrete evidence that yours is NOT a marriage of convenience.

 

[POW]

Ok I have lots of evidence....
Thanks to everyone so much for the information... So glad I found this forum!

 

[canadianwoman]

If he has been in Turks for the last nine years, and that is where the mother of his children and his children also live, you will really need evidence of their separate residences.

The PR should still be doable - you just need lots of evidence that 1. his relationship with the other woman is over and was over when he married you; and 2. that your relationship is genuine.

The children have to be included on his PR application, and they have to get medical exams, even if he is not planning to bring them with him. If he does not include them now, and have them medically examined, he will never be able to sponsor them in the future. He can declare them as non-accompanying. We have seen a case recently on this forum where the mother refused to let a child be examined; later, the mother died and there is no one to take care of the child. Because the father did not have her examined when he immigrated, he cannot sponsor her now. This worst case scenario is not likely, but if the mother doesn't want the children to be examined, someone (your husband, some other family member, a friend) has to explain to her that having the children examined does not mean they will go to Canada. It is just a precaution in case something happens to her and they have to go to Canada, or if in the future they want to, perhaps for education.

 

[elohot101]

Hoping to get the direction in what we need to take to get my Jamaican hubby to Canada.

So here is the story, We met in T&C in Feb 2014, I went back to visit in May (2weeks), July(2weeks), September(3weeks - we got married), November(2weeks), he left T&C to return to Jamaica in December to apply for a visitors visa through an agency. I visited in Dec/Jan, Feb and March. He was declined the visitors visa because of lack of travel and not enough money in his bank account. We did not put in the Visa that he was married. But the people who were paid to help with documents made documents stating that he was living with his Baby Momma and 2 kids in Ja. However the baby momma is not in Ja but in T&C with his kids and she has full custody. So he has not been living common law.. He has not been with baby momma since 2009.

So now I need to know the best thing to do.... if they ask on the papers if he was denied a visa before then they are gonna question how is he living common law but was married in Sept in Turks arent they? I am so scared that we totally screwed this up and we wont be able to be together..

I have filled out all the sponsor ship papers but haven't sent them in yet

Please help...What do we do?? ???

Hi dear what later happened to his application my wife is in similar situations right now I don’t know what to do.