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Spousal sponsorship

ann1416

Member
Aug 27, 2013
10
0
Thank you for your response to my question. Yes I was granted 6 months to stay in the US and never went back to my home country. I don't have any criminal records or I am not on deportation. I pay my full taxes here but just out of status. BTW my visa to the US is still valid until 2014.
You mentioned that I can stay in the US during the whole process but do I have to go back to my home country for any reason or I can just leave the US and head straight to Canada whenever I get my visa for Canada?
 

cempjwi

Hero Member
Mar 14, 2012
450
30
CANADA
Category........
FAM
Visa Office......
CPP-Ottawa
App. Filed.......
31-Jul-12
Doc's Request.
09-Feb-13; Sent 13-Mar-13
AOR Received.
15-Oct-12; In-process 26-Mar-13
File Transfer...
15-Oct-12
Med's Request
02-Apr-13 Chest Xray Only
Med's Done....
14-May-12; 04-Apr-13 (Delivered 15-Apr-13)
Interview........
Waived
Passport Req..
19-Apr-2013
VISA ISSUED...
19-Apr-2013 (Rcvd May 15th, 2013)
LANDED..........
1-July-2013
ann1416 said:
Thank you for your response to my question. Yes I was granted 6 months to stay in the US and never went back to my home country. I don't have any criminal records or I am not on deportation. I pay my full taxes here but just out of status. BTW my visa to the US is still valid until 2014.
You mentioned that I can stay in the US during the whole process but do I have to go back to my home country for any reason or I can just leave the US and head straight to Canada whenever I get my visa for Canada?
You can go straight to Canada from the US, by land or plane.

Please know that your Visa to the US, although still valid, may be useless for you at this point. This is because if you leave the US now, your visa may be revoked if you try to enter the US again if they determine that you spent all these years illegally in the US (which means that you will be immediately deported and banned from re-entering the US for 10 years). Such situation will not help with your Canadian immigration process.

Which country are you from? If you don't mind me asking.
 

brightstar87

Full Member
Feb 19, 2013
25
0
hi m just hoping if anybody can shed some light on my situation .i had applied inland spousal sponsorship and my aip was done after six months and after an year they called us in for an interview at the local office and they took both of me and my wife into seperate rooms and interviewed us and ask alot of questions which we both answered the same and me and my wife both had some problems after our marriage and we decided to live few months apart and than later we both moved back in together which we told the officer and the interview was on the first of august and we havent heard anything yet .is there anything to worry about ?
 

frege

Hero Member
Jun 13, 2012
953
29
Category........
Visa Office......
Paris
Job Offer........
Pre-Assessed..
App. Filed.......
01-05-2012
AOR Received.
none
File Transfer...
01-08-2012
Med's Done....
02-12-2011
Interview........
none
Passport Req..
28-11-2012 (copy only)
VISA ISSUED...
05-12-2012
LANDED..........
15-12-2012
brightstar87 said:
hi m just hoping if anybody can shed some light on my situation .i had applied inland spousal sponsorship and my aip was done after six months and after an year they called us in for an interview at the local office and they took both of me and my wife into seperate rooms and interviewed us and ask alot of questions which we both answered the same and me and my wife both had some problems after our marriage and we decided to live few months apart and than later we both moved back in together which we told the officer and the interview was on the first of august and we havent heard anything yet .is there anything to worry about ?
One of the requirements of an inland application is that you need to live together during the entire application process. So the facts you've stated definitely mean they have grounds to deny your application.

On the other hand, if they believed what you told them, then they'll know that all you have to do is apply again and you'll be a PR. So in that sense they might just think it was a waste of time to deny you. If they don't believe that you're really back together (for example, if they believe that you split up but then got back together only so you could become a PR), then you'll definitely have problems.

If you get denied, maybe see a lawyer to discuss your options, but most likely the recommendation will be to re-apply, possibly outland.

You can find out what they've written in your file by requesting your GCMS notes. It will take 30 days to receive them.
 

Hungary

Hero Member
Jul 16, 2013
359
0
Category........
Visa Office......
Vienna
Job Offer........
Pre-Assessed..
App. Filed.......
16-07-2013
File Transfer...
2013-09-20
Med's Done....
28-05-2013
Passport Req..
Exempt
frege said:
Hi Hungary,

I made the suggestion before that you make 100% sure you and your children are eligible to be sponsored before taking steps that might result in you losing your PR. Ideally, you could go over your case with a lawyer, who might even make suggestions that we haven't made here.

If you can't do that, at least go through the procedures with a fine-toothed comb. You could start by reading through manuals IP 2 and OP 2 on sponsorship to check for any problems.

In any case, good luck!

You are absolutely right Frege. We called CIC a lot and asked them thousands of questions. They said in case I lose my PR , so they "wont give it back " , we can legally go on with the sponsorship and we can be sponsored.
But I will send an email to an immigration consultant, I got an email address here on the forum in personal message.
Thanks to all of you again for your help!
 

mosaab

Hero Member
Oct 12, 2011
553
120
Category........
Visa Office......
Cairo
Job Offer........
Pre-Assessed..
App. Filed.......
20-03-2013
AOR Received.
26-06-2013
File Transfer...
05-07-2013
Med's Done....
18-05-2013
Interview........
waived
Passport Req..
06-01-2014
VISA ISSUED...
03-16-2014
LANDED..........
05-02-2014
my inquiry again !


Is there a problem if my wife come from Canada to visit me until issuing the Visa by the visa office

because the processing time in my visa office its take a long time its may up to 18 months
i think its too much and i cant tolerate all of that without wife and son


the visa office in Cairo they received my application just before 1 month.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
mosaab said:
my inquiry again !


Is there a problem if my wife come from Canada to visit me until issuing the Visa by the visa office

because the processing time in my visa office its take a long time its may up to 18 months
i think its too much and i cant tolerate all of that without wife and son


the visa office in Cairo they received my application just before 1 month.
If she is a Canadian citizen, then no problem.
If she is a Canadian PR, she may make SHORT (2-3 weeks?) visits to see you but otherwise she must reside in Canada.
 

mosaab

Hero Member
Oct 12, 2011
553
120
Category........
Visa Office......
Cairo
Job Offer........
Pre-Assessed..
App. Filed.......
20-03-2013
AOR Received.
26-06-2013
File Transfer...
05-07-2013
Med's Done....
18-05-2013
Interview........
waived
Passport Req..
06-01-2014
VISA ISSUED...
03-16-2014
LANDED..........
05-02-2014
zardoz said:
If she is a Canadian citizen, then no problem.
If she is a Canadian PR, she may make SHORT (2-3 weeks?) visits to see you but otherwise she must reside in Canada.
She is a Canadian citizen same my son
and the processing time is so long :(

and do you think she have to tell the CIC or the VO ?

some people here told me she can add her flight to the case file it may help !

what do you think ?
 

scylla

VIP Member
Jun 8, 2010
95,746
22,039
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
mosaab said:
She is a Canadian citizen same my son
and the processing time is so long :(

and do you think she have to tell the CIC or the VO ?

some people here told me she can add her flight to the case file it may help !

what do you think ?
The processing time for PRs and citizens is the same. So there is no point telling CIC
 

ann1416

Member
Aug 27, 2013
10
0
Yes I know that my visa is useless at this point and I don't plan on leaving the US until I can get some sort of status here or Canada. But thanks for letting me know that if sponsored in Canada I can leave directly from the US to Canada by land or plane! Because I don't want to go back to my home country until I get some sort of status.

My home country is Guyana South America and I know if I leave the US now I will be banned from re-entering.
 

cempjwi

Hero Member
Mar 14, 2012
450
30
CANADA
Category........
FAM
Visa Office......
CPP-Ottawa
App. Filed.......
31-Jul-12
Doc's Request.
09-Feb-13; Sent 13-Mar-13
AOR Received.
15-Oct-12; In-process 26-Mar-13
File Transfer...
15-Oct-12
Med's Request
02-Apr-13 Chest Xray Only
Med's Done....
14-May-12; 04-Apr-13 (Delivered 15-Apr-13)
Interview........
Waived
Passport Req..
19-Apr-2013
VISA ISSUED...
19-Apr-2013 (Rcvd May 15th, 2013)
LANDED..........
1-July-2013
zardoz said:
If she is a Canadian citizen, then no problem.
If she is a Canadian PR, she may make SHORT (2-3 weeks?) visits to see you but otherwise she must reside in Canada.
Actually, if she is a Canadian citizen the short visit rule may still apply, but within a different context.

A PR must reside in Canada to sponsor while a citizen does not.

However, if the citizen lives abroad, he/she must prove that he/she will return to Canada once the applicant becomes a PR.

I believe that if it is discovered that a Canadian citizen is abroad for longs periods of time, CIC may question their residency and request the citizen to prove that it will return to Canada (or prove otherwise that the citizen is residing in Canada).
 

ann1416

Member
Aug 27, 2013
10
0
Cempjwi thanks for your message but for some reason I can't post personal messages back to you on this site. Please let me know if there is a way, thanks
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
cempjwi said:
Actually, if she is a Canadian citizen the short visit rule may still apply, but within a different context.

A PR must reside in Canada to sponsor while a citizen does not.

However, if the citizen lives abroad, he/she must prove that he/she will return to Canada once the applicant becomes a PR.

I believe that if it is discovered that a Canadian citizen is abroad for longs periods of time, CIC may question their residency and request the citizen to prove that it will return to Canada (or prove otherwise that the citizen is residing in Canada).
I suspect that there will be some cases where CIC do in fact get a "little concerned" but as that particular stage of the sponsorship has been passed, it's probable that they will not be overly interested.
The issue is really related to the definition of "residing" as far as the sponsor is concerned. If she has left everything behind to spend time with her husband, including bank accounts, property etc, she is probably still going to be considered as "residing" in Canada, as opposed to anywhere else.
 

cempjwi

Hero Member
Mar 14, 2012
450
30
CANADA
Category........
FAM
Visa Office......
CPP-Ottawa
App. Filed.......
31-Jul-12
Doc's Request.
09-Feb-13; Sent 13-Mar-13
AOR Received.
15-Oct-12; In-process 26-Mar-13
File Transfer...
15-Oct-12
Med's Request
02-Apr-13 Chest Xray Only
Med's Done....
14-May-12; 04-Apr-13 (Delivered 15-Apr-13)
Interview........
Waived
Passport Req..
19-Apr-2013
VISA ISSUED...
19-Apr-2013 (Rcvd May 15th, 2013)
LANDED..........
1-July-2013
ann1416 said:
Cempjwi thanks for your message but for some reason I can't post personal messages back to you on this site. Please let me know if there is a way, thanks
I believe you will be able to respond personal messages after you have made 10 postings here.