Spousal sponsorship

[scylla]

Hi Guys!
I have a very complicated situation.
I'm a PR holder in Canada, my boyfriend stays illegally in US for already 5 years.What are the options for him to come to Canada?Does he need to go back to his home country?When he will leave the States voluntarily he will obligatory to stay out of the US for may be 10 years. Is it possible to be together somehow in Canada?
Sorry if the same question was already discussed.In this case please refer me to the right place where I can find an answer.
Thank you

Hi there,

Yes - your boyfriend will be banned from the US for 10 years as soon as he leaves. I don't think there's any way of getting around that.

You can sponsor him if you are married or common law (have lived together for at least a year and can prove it).

How did he get into the US? Was he legally admitted for at least one year on some sort of visa? If he was legally admitted for at least a year, then he can apply through Buffalo. If not, he will have to select his home country as his processing office. If he is called for an interview, it will be held there and yes - he will have to leave the US to attend that interview. (Not everyone is called for an interview.)

The fact he is illegal in the US does not prevent you from sponsoring him. But make sure you're 100% honest about his history when you apply.

Hope this helps.

 

[melouttamegacity]

Hi Leon,

I've been reading through this forum for the past hour! The work that you do is amazing, and I'm sure everyone is eternally grateful for you and your hard work and advice.

I have a few questions:

I am Canadian, born and raised. My fiance is from the Philippines.

1) Is there a way we can start the sponsorship process before the wedding?
2) His name is quite common. Do you think that will slow down the process? (Not that he will change his name or anything. Just curious)
3) How do I get a Letter of Non-Impediment? Or can I just get a letter from a notary public saying that I'm single? Or do I need to go to the Canadian Embassy in the Philippines and get something there? I'm confused about this part of the process.
4) My fiance has a 5-year-old adopted brother whom he supports financially. Their parents are still alive and able, but my fiance is really the one who supports his brother. My fiance wants to sponsor his brother a few years after he arrives in Canada (after we're stable). Is this possible?

Melanie

 

[rjessome]

Hi Leon,

I've been reading through this forum for the past hour! The work that you do is amazing, and I'm sure everyone is eternally grateful for you and your hard work and advice.

I have a few questions:

I am Canadian, born and raised. My fiance is from the Philippines.

1) Is there a way we can start the sponsorship process before the wedding?
2) His name is quite common. Do you think that will slow down the process? (Not that he will change his name or anything. Just curious)
3) How do I get a Letter of Non-Impediment? Or can I just get a letter from a notary public saying that I'm single? Or do I need to go to the Canadian Embassy in the Philippines and get something there? I'm confused about this part of the process.
4) My fiance has a 5-year-old adopted brother whom he supports financially. Their parents are still alive and able, but my fiance is really the one who supports his brother. My fiance wants to sponsor his brother a few years after he arrives in Canada (after we're stable). Is this possible?

Melanie

Hi,

1. Not unless you and your fiance have been living together for 12 consecutive months as common-law partners. Otherwise, you need to wait until you are married to apply to sponsor him.
2. No, not unless there are a lot of criminals who have the same name and birthday. NBI clearances have a fingerprint check so unless he's travelled extensively and has many more police clearances to obtain, it shouldn't cause much, if any, delay.
3. The information for this is here: http://www.canadainternational.gc.ca/philippines/consular_services_consulaires/marriage-mariage.aspx?lang=eng
4. Yes. After he lands as a permanent resident in Canada and meets the requirements for sponsoring parents, he could apply to sponsor his parents and include his brother as a dependent in that application. But he can't apply to just sponsor his brother alone.

 

[melouttamegacity]

Thank you for your speedy response!!!

We really don't want to have to sponsor my fiance's parents. They will definitely weigh us down. Is it possible for me to just sponsor my husband and his adopted brother together?

How about if my fiance's parents decide to give up their parental rights to us? In effect, we would adopt him ourselves. Is this possible? I've heard horror stories of people trying to adopt in the Philippines and not being able to get their adoptive children over to Canada. Do you think we should even try this route?

Thanks again!

 

[NimaM]

Hello everyone!

First of all I want to say how great this whole site is.
I could not ask for a better reference guide for this lengthy but very worthwhile process!

Here's my situation:
-I am a Canadian citizen living in Toronto.
-My Fiancee is an American living in Chicago.
-We're both 25 years old and have been together for 7 years.
-I'm a full time worker @ a television company. She's finishing up her Masters in Social work and working as a counselor.
-We're getting married in Toronto in 25 days (May 21st 2011)
-I plan on starting and submitting the Spousal Sponsorship Application Package in June.

I do have a couple questions:
1- When she flies up for the wedding, should she tell the US and Canadian Customs officer that she's getting married or should she just say she's visiting her boyfriend like she usually does?
2- If we're applying outbound, can she come up and stay with me for a couple months during the process(e.g. visiting in September leaving November) or is it recommended that she stay in the states until she's fully ready to land?

I'm sure this is one of many questions I'm going to have so I might as well start my own thread soon.
I thank anyone for any help you can provide!

I'm very excited for this long wait to be almost officially over!

 

[Leon]

Thank you for your speedy response!!!

We really don't want to have to sponsor my fiance's parents. They will definitely weigh us down. Is it possible for me to just sponsor my husband and his adopted brother together?

How about if my fiance's parents decide to give up their parental rights to us? In effect, we would adopt him ourselves. Is this possible? I've heard horror stories of people trying to adopt in the Philippines and not being able to get their adoptive children over to Canada. Do you think we should even try this route?

Thanks again!

Only you can sponsor your fiance once he is your husband or if you have lived together for 12 months (common law). You can not sponsor his brother because his brother is not his child. He can not sponsor his brother either once he is PR unless their parents die before the brother turns 18.

It is possible that he can adopt his brother but you will have to show that this adoption is to the benefit of the child and not just for immigration purposes.

1- When she flies up for the wedding, should she tell the US and Canadian Customs officer that she's getting married or should she just say she's visiting her boyfriend like she usually does?
2- If we're applying outbound, can she come up and stay with me for a couple months during the process(e.g. visiting in September leaving November) or is it recommended that she stay in the states until she's fully ready to land?

1. No need to give too much information if they don't ask but it is also not a crime to come to Canada to get married. They just want to know that she will not overstay.

2. She can come visit any time and stay up to 6 months. If she wants to stay longer than that, she needs to get a visitor record or a passport stamp and apply to extend before her status runs out.

 

[NimaM]

Only you can sponsor your fiance once he is your husband or if you have lived together for 12 months (common law). You can not sponsor his brother because his brother is not his child. He can not sponsor his brother either once he is PR unless their parents die before the brother turns 18.

It is possible that he can adopt his brother but you will have to show that this adoption is to the benefit of the child and not just for immigration purposes.

1. No need to give too much information if they don't ask but it is also not a crime to come to Canada to get married. They just want to know that she will not overstay.

2. She can come visit any time and stay up to 6 months. If she wants to stay longer than that, she needs to get a visitor record or a passport stamp and apply to extend before her status runs out.

Thank you Leon. It's how amazing how much you just lowered my stress level!

 

[melbell_28]

Hi Leon,

Quick question on CAIPS with regards to my husbands application. We order the CAIPS notes and received something called GCMS notes. We got it in Canada so never got it translated as I was dealing with Ottawa directly.

I am having trouble figuring it out as all the guides out there are for CAIPS notes and things like the BF'D is not in this. Is there a guide of some sort that could help me out with this?

Also the document was 25 pages long and even the statuses confuse me for the checks.

Any help with this matter will be appreciated.

Regards
MB

 

[jimmy_kallarackal]

Hi,

Please require your guidiance.

I have applied from india for pr and have sent my passport for stamping after competing medical most probably i will receive pr.

After i get pr i am planning to get married within inida and then leave for canada.

1. Can i apply from india only for my wife or i need to be in canada.

2. if i need to be in canada, can i start process of my wife as soon as i land in canada?? Are there any income requirements or time limits to it or as soon as i land i can start process for my wife for pr and within how much time will she get the pr??

Requesst your help.

 

[Leon]

I am having trouble figuring it out as all the guides out there are for CAIPS notes and things like the BF'D is not in this. Is there a guide of some sort that could help me out with this?

GCMS is replacing CAIPS but as it is fairly new, I have not found any guides on it yet.

 

[Leon]

Hi,

Please require your guidiance.

I have applied from india for pr and have sent my passport for stamping after competing medical most probably i will receive pr.

After i get pr i am planning to get married within inida and then leave for canada.

1. Can i apply from india only for my wife or i need to be in canada.

2. if i need to be in canada, can i start process of my wife as soon as i land in canada?? Are there any income requirements or time limits to it or as soon as i land i can start process for my wife for pr and within how much time will she get the pr??

Requesst your help.

Ok, you need to be very careful here. There are two possible ways to do this:

A: Get your PR visa, go land in Canada as a single person that you are and were when you applied for PR. Then come back to India and get married. Then go back to Canada and apply to sponsor your wife.

or

B: Get married now and advise the visa office immediately that you have gotten married and you want to add your wife to your application. If you get the visa in the meantime, do NOT land. Send it back to the visa office since your visa you got when you were single is not valid after your family composition has changed.


What you can NOT do is get married first, not tell the visa office and then go land on the visa you got as a single. This is considered misrepresentation by immigration. It can lose you your PR and even if they let you keep it, they will bar you from ever sponsoring your wife.


1. As a PR, you must be in Canada if you want to sponsor your wife. If you marry now and add her, you can be in India but if you land as a PR first, then come back and marry your wife, then you must go back to Canada to sponsor.

2. As soon as your are back in Canada after your wedding, you can start sponsorship of your wife. You send the application to Mississauga where the first stage takes 41 days, see http://www.cic.gc.ca/english/information/times/perm-fc.asp and the 2nd stage in India they have 80% of their cases done within 6 months, see http://www.cic.gc.ca/english/information/times/perm/fc-spouses.asp#asia

 

[jimmy_kallarackal]

Thanks a lot leon for saving me from trouble...

But once i receive my passport after stamped it gives a time limit of upto 6 months to land, is it ok if i marry during that period and go to canada? after the process has been completed and i recieve my pr, after that if i marry its not misrepresentation of facts.. i suppose and i would not have to return from canada also..?

The thing is that if my agent is saying if i marry right now and send certificate might be that i would have to face interview, so its better to avoid marriage at the moment.. first get your pr.. then go for marriage.

Regards,
Jimmy Joseph.

 

[Leon]

But once i receive my passport after stamped it gives a time limit of upto 6 months to land, is it ok if i marry during that period and go to canada?

No, it is not ok because..

after the process has been completed and i recieve my pr, after that if i marry its not misrepresentation of facts..

.. you have not received your PR yet at that time, you have just received the PR visa.

You do not receive the PR until you land in Canada.

So.. if you get the visa, then marry, then go to Canada and land on the visa you got when you were single, you would be misrepresenting yourself.

 

[rjessome]

No, you are misunderstanding. After getting the PR visa, you must LAND in Canada to become a PR. If you get married between the time you get the PR visa and landing, your PR visa is no longer valid because you must add your wife to the application since your family composition has changed. If you land in Canada without informing the visa post of this change you will NEVER be able to sponsor her.

What is the concern about facing an interview? If your marriage is genuine and you can prove it, you shouldn't be concerned. If you land and apply to sponsor her as your spouse, you still have to prove it and it may be subject to an interview as well.

Leon is right. Follow his advice.

 

[jimmy_kallarackal]

Ok i got it the stamp which i get on the passport if just pr visa and not the pr card i would receive the same only after landing. Thanks.

But now as i have sent my passport for stamping as i recieve the same with stamp.. can i marry after that and inform the embassy that i have married and then move ahead with my landing process??

My problem is once i move to canada i dont want to return back for marriage, i want to marry and go and what's the best way for doing the same?

Is court marriage ok or they demand ritual church marriage with photographs?

All this things are really complicated and agents do misguide a lot on these..