Spousal sponsorship

[sanyrog]

Hello all,

We have applied for Outland Spousal PR New Delhi office. It has been 5 months since our file is forwarded to New Delhi. We made an MP enquiry last week, and we gotta know that it is awaiting for the final decision from the visa officer. They cannot estimate how much more time it l take, and it is upto the discretion of the visa officer. Can anyone pls tell me how long it l take for the officer generally? It has been more than a week since we got that MP reply, and nothing has happened so far. We are really worried.. Thanks in advance for the replies

 

[NeoExcidious]

Hello people. This topic has been very helpful, yet here is my dilemma.

I am currently a PR and in process of applying for citizenship. I have been in Canada for almost 5 years and I have met my girlfriend about a year ago, online.
She is currently living in the USA but only having a work & study permit, so if she leaves the country she cannot return. Her home country is Russia and if she'd have to go back there it would be really tough for us to continue our relationship. I am committed to bring her to Canada and sponsor her, however our situation is quite complicated. First off, while reading Leon's post I understood that it is not advised to apply for conjugal unless she has been denied a visitor visa to Canada. Moving forward, if she manages to get a visitor visa for 6 months here and I marry her in that time, I am afraid that Immigration will say the purpose of our marriage was for her to live here, and thus not genuine and refuse a sponsorship application. If though I choose common-law, I'd have to live with her for 12 months, and that won't happen if she gets the extension request refused, plus she would have to leave the country after the 12 months, when I'd be able to apply. 2nd, even if she gets an extension for a full year, if we apply for inland, currently it takes 9 months for each step, according to the current processing times. However, if we apply for outland, that means her having to go back to Russia for the interview and exams, because she won't be able to reenter the States. As you can see, it's a tricky situation. What do you think would be the best way to go about it?

Thanks,

 

[Leon]

So I guess she has not gone to visit you since she can not leave the US but how much have you visited her? Do you feel that you know her well enough to sponsor her? If you feel you know her well enough to sponsor her, do you feel you know her well enough to marry her at this point? A marriage you can actually take back because you can divorce if it doesn't work out but sponsorship is not something you can take back even if you break up. If you feel you know her well enough to marry, you can go to the US and marry her and then sponsor her.

If you do not want to marry, you can try conjugal but be aware that you must have combined your affairs as much as possible for that to work. For example, do you share your finances? You send her money or she sends you money? Have a mutual account or credit cards? Have life insurance or other insurance naming each other as beneficiary? Think about that.

 

[caryjo]

Hi Leon,

I also need some advice on spousal sponsorship please. Some history first. My family (myself,wife and one daughter now 25 ) were granted PR status in 2008 and wife and daughter stayed on in Vancouver,found jobs and a place to live. I returned to wind up our affairs in South africa (Iwas only there for 9 days). To cut a long story short my wife came back to help me with sorting out not only our affairs but my parents had since died during 2009 and 2010 within 7 months of each other and it was a stressful time for us.We now want to go to Canada to settle down. I will lose my PR status end of April 2011 and I was refused a 2 month extension to my PR travel document on humanitarian grounds when interviewed in Pretoria. I was told that we could apply for spousal sponsorship and it could take 6 to 12 months.

If my wife returns to Vancouver she will find employment again but the sponsorship forms ask for the last 12 months of earnings to be recorded. Will she have to work for 12 months to satisfy the financial suitability criteria for sponsorship before submitting the sponsorship application forms? Is it better in my case to apply from within or outside Canada? According to CIC stats it takes 17 months to process from Pretoria after initial sponsor evaluation in Canada. If you add the total lead time in my "worst case" scenario it could take up to 30 months to get spousal sponsorship PR visa issued.

Any advice would be appreciated

Regards

Caryjo

 

[Leon]

There are no specific income requirements to sponsor a spouse although it would be good if she has a job already when she applies. They can actually deny if they do not think that either of you is likely to be bringing in enough money to support the family.

 

[Mark_Anna]

Hello Everybody,
I filled my application for P.R spouse sponsorship in canada on 16th June 2010 after long waiting period for the first time I receive an update request letter from them on 10th January 2011. According to a telephone agent my process is on time will take 9-10 months for first stage approval, so hopefully AIP or Work permit will come in March 2011. Is there any other who apply in the same period and got something or even still waiting for their reply??!!

Thank you very much for your help & support.....................................................................................God Bless everyone here

 

[NeoExcidious]

Leon, in your original post you had mentioned that conjugal is not advised unless she has been denied a visa to Canada. I have visited her 5 times thus far and we have sent each other gifts for different occasions. I have also sent her money on a number of occasions. I am fully aware of the sponsorship rules and I am not hoping for it to be cancelled in the event that our marriage doesn't work. We do not have a shared account at this point or shared life insurance, however we have payed for things together every time I have went there.

Do you believe that at this point, marrying her in the US is the best solution?
Please advise,

Thanks,

 

[Baloo]

If you think that the marriage may not work, then getting married is likely to be seen as only for immigration purposes, not a good idea.

 

[Leon]

Right, you have to be able to prove that your relationship is genuine. Conjugal is generally reserved for people who can not get married or live together. They must show that they have combined their lifes as much as possible without living together, hence the joint bank account or life insurance etc. You can get lucky with a visa officer but you could also get one who will ask if you are truly committed to each other, why would you not get married or why would you not live with her in the US if you are able to visit the US.

 

[inderpalsidhu]

hii guys,,
i need a help from all of u,senior members,,,
i m in india,,my wife sponsered me from canada,,,i got the letter from indioan embessey,,,,date print on letter of issuance was 2 feb,2011.they ask for the original passport nd pcc. they did nt mention any date for submition but only write that "submit the documents as soon as possible"

my question is that " how many days we have to submit the documents beacuse i applied for the new passport

thxxxx

 

[jiyamano]

hii guys,,
i need a help from all of u,senior members,,,
i m in india,,my wife sponsered me from canada,,,i got the letter from indioan embessey,,,,date print on letter of issuance was 2 feb,2011.they ask for the original passport nd pcc. they did nt mention any date for submition but only write that "submit the documents as soon as possible"

my question is that " how many days we have to submit the documents beacuse i applied for the new passport

thxxxx

If i m not wrong then you have 45 days to submit or probably it depends on region to region. Please correct me if i am wrong.

Cheers,

 

[kam1982]

Our question might be silly:
Do not applicable forms have to be filled out with "N/A" in every question or simply printed,crossed and marked with Not Applicable in large at the top?

Thanks

 

[Baloo]

Our question might be silly:
Do not applicable forms have to be filled out with "N/A" in every question or simply printed,crossed and marked with Not Applicable in large at the top?

Thanks

For individual questions "n/a" or "Not Applicable" is good.

When you say

or simply printed,crossed and marked with Not Applicable in large at the top?

What complete forms do you think are "Not Applicable" ?

 

[kam1982]

Sorry for not being clear
From document checklist: imm5481,imm5476 for example
As well points 17,18,19.

I'm a Quebec resident and my wife and I will be returning to quebec.
Can we put "not applicable-Quebec resident" at the top or both at the top and in every question of the document?

 

[Baloo]

You have to fill in IMM5481 because there has to be a sponsor.

If you are not using a representative put not applicable on the checklist and do not include the form IMM5476.

Do you mean 17, 18 & 19 on the checklist?