Spousal sponsorship

[Leon]

Hi...
i need urgent help
my visa got rejected only beacuse since my husband got the approval he was staying with me in UAE.
and they have sent him the notice of appeal letter.
i want to know how much time will it take now for the appeal and hearing and also can he apeal when he is in UAE...please help !!!Urgent !

So your husband is a PR, he wants to sponsor you but he left Canada during the processing time? As a PR, he must be residing in Canada to sponsor you. Leaving Canada to stay with you during the process is a breech to the requirements of the program unless he can say he was only there for a short visit. I can not tell you how much time it will take though. He should go back to Canada to appeal if he wants to have a chance of winning it. Trying to claim that he only went down there to visit you for a short time is not going to work if he is still there when he appeals.

 

[Mrslwsn]

They must have the medicals for his children done before applying or otherwise get proof that the mother(s) of the children have full custody and are refusing medicals which would mean that he could never sponsor his children to Canada.

If her 3 year sponsorship undertaking was finished, I suppose it will not be a big obstacle for them. Divorces are kind of common these days.

He needs to get a police clearance from all countries he's stayed in for more than 6 months since he was 18 but he does not need to get one from Canada because immigration can get that themselves.

Thanks Leon, good info, next question, they already did fingerprinting for him to send to Jamaica, but they did this months ago and never sent them, do the fingerprints themself have an expiration date? Can they still use those same ones to send over to Jamaica to do the pc?

 

[Leon]

Thanks Leon, good info, next question, they already did fingerprinting for him to send to Jamaica, but they did this months ago and never sent them, do the fingerprints themself have an expiration date? Can they still use those same ones to send over to Jamaica to do the pc?

As far as I know, there is no expiration date on fingerprints but you have to talk to the police in Jamaica about what they want in order to get the police clearance.

 

[rhenanjay]

She can sponsor you. There is no specific income requirement to sponsor a spouse. Once you are in Canada, you will work too, right? There should be no problem.

hey. thanks for ur reply Leon...

 

[rhenanjay]

somethings bothering my mind right now... we have sent our application few days ago, it's under Spousal... According to our Country Specific Instructions (Philippines) I (as the Principal applicant) should send a photocopy of my passport. Now, I was reading a part in the application guide from the website of CIC, it says that a photocopy must be certified... Does it apply to the photocopy of my passport? if it does, oh well, I can send them anyway.

 

[computergeek]

As far as I know, there is no expiration date on fingerprints but you have to talk to the police in Jamaica about what they want in order to get the police clearance.

The FBI in the US will not accept fingerprints older than 18 months.

 

[Mrslwsn]

Thanks Leon, good info, next question, they already did fingerprinting for him to send to Jamaica, but they did this months ago and never sent them, do the fingerprints themself have an expiration date? Can they still use those same ones to send over to Jamaica to do the pc?

ok thx...and thx @ computergeek

 

[will0wtr33]

leon,
thankyou so much for all the help youve given me. its so nice to be able to have all my questions answered in one place that i feel i can trust.
you are a giant among men, sir. i wish i could express my gratitude.
im excited to tell my girlfriend the things that ive found out in my most recent research,
but i feel like there a few more details that i would like to be informed about.
first, like ive said before, the idea that i like to most is getting married to her in canada, and then having her sponsor me for PR.
im not sure how true this is, but i feel like i saw somewhere that it said you have to go about being married in a certain way or place for it to be legal throughout canada or something to that effect. like going to a city hall isnt enough, you have to get some other kind of paperwork, but im not sure. i'd just like to make sure that if we get married that we do it the correct way, so no problems are caused.

alright. down to my next concern.
almost a year ago, my girlfriend decided she needed to get away from life for a little bit and spent two or three months train hopping across canada. after her adventure its almost all she talks about, and its very obvious she wants to do it again very badly. i told her that i dont think its a good idea for her to do that with everything that we're planning to go through. i feel as if it would cause a lot of unnecessary complications if she were to get caught. i know that there is a possibility that if she does get caught, i wouldnt be able to sponsor her to come to america on a k1 visa
but what about her sponsoring me? i want her to be happy and do what makes her happy..but i dont want her to risk our future just to hop on a train.
would her getting into trouble for train hopping effect her being able to sponsor me coming to canada?

 

[Leon]

im not sure how true this is, but i feel like i saw somewhere that it said you have to go about being married in a certain way or place for it to be legal throughout canada or something to that effect. like going to a city hall isnt enough, you have to get some other kind of paperwork, but im not sure. i'd just like to make sure that if we get married that we do it the correct way, so no problems are caused.

alright. down to my next concern.
almost a year ago, my girlfriend decided she needed to get away from life for a little bit and spent two or three months train hopping across canada. after her adventure its almost all she talks about, and its very obvious she wants to do it again very badly. i told her that i dont think its a good idea for her to do that with everything that we're planning to go through. i feel as if it would cause a lot of unnecessary complications if she were to get caught. i know that there is a possibility that if she does get caught, i wouldnt be able to sponsor her to come to america on a k1 visa
but what about her sponsoring me? i want her to be happy and do what makes her happy..but i dont want her to risk our future just to hop on a train.
would her getting into trouble for train hopping effect her being able to sponsor me coming to canada?

I am not aware of any complications with getting married in Canada. Have you asked your girlfriend about this? Has she asked her parents and other family? I believe you just need your birth certificate and ID like passport for example.

I am pretty sure that train hopping is not a very safe hobby aside from being illegal but having a criminal record will not stop her from sponsoring you unless it is for violent crimes or harming a family member. She can however not sponsor you if she is in prison. You can see more about that here: http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

 

[Lasiar]

Hi again, my husband just received an email from the detroit office , in it was the declaration form to waive the medical for his daughter, a letter had been sent back in february from the ex wife sayin for various reasons the she would not allow the daughter to have the medical done.. one week after that on march 2, 2012 received an email from the Detroit office stating her information had been noted and therefore a medical for her daughter would not be required.. now they are basically asking for all the same information to be sent to them again.. why?.. we are doing it but still. what does this mean? any information would be appreciated. Thank you

 

[CharlieD10]

Hi again, my husband just received an email from the detroit office , in it was the declaration form to waive the medical for his daughter, a letter had been sent back in february from the ex wife sayin for various reasons the she would not allow the daughter to have the medical done.. one week after that on march 2, 2012 received an email from the Detroit office stating her information had been noted and therefore a medical for her daughter would not be required.. now they are basically asking for all the same information to be sent to them again.. why?.. we are doing it but still. what does this mean? any information would be appreciated. Thank you

The declaration form is the final piece of information required. This means your husband will never be allowed to sponsor his daughter as a member of the family class, and his signing the declaration means he is aware of this and accepts it. This declaration goes on his file and stays there.

 

[Lasiar]

The declaration form is the final piece of information required. This means your husband will never be allowed to sponsor his daughter as a member of the family class, and his signing the declaration means he is aware of this and accepts it. This declaration goes on his file and stays there.

Thank you Charlie, would I be able to sponsor her, if the need arises in the future? & also the request for the same information over again any point to why they are asking. is it just a formality? and will this delay the processing again. He will be over nighting the information tomorrow. We will be at the 8month mark in may from the date our application was received back in September2012.. Sorry if this makes no sense we are just gettin anxious for his PR to come home to canada .. thank you again.

 

[CharlieD10]

Thank you Charlie, would I be able to sponsor her, if the need arises in the future? & also the request for the same information over again any point to why they are asking. is it just a formality? and will this delay the processing again. He will be over nighting the information tomorrow. We will be at the 8month mark in may from the date our application was received back in September2012.. Sorry if this makes no sense we are just gettin anxious for his PR to come home to canada .. thank you again.

She is declared but she is un-examined, this means she is not a member of the family class, and cannot be sponsored by you, either.

I believe at this stage it is a formality, since they have previously acknowledged that they have received information confirming she will not be examined. It is a very important formality, though, as your husband must now legally declare to CIC that he understands the consequences of her not being examined. If in future any attempts are made to sponsor her as a family class applicant by yourselves, this form is what CIC will produce to show that you waived that opportunity and fully understood you were doing so.

 

[Lasiar]

She is declared but she is un-examined, this means she is not a member of the family class, and cannot be sponsored by you, either.

I believe at this stage it is a formality, since they have previously acknowledged that they have received information confirming she will not be examined. It is a very important formality, though, as your husband must now legally declare to CIC that he understands the consequences of her not being examined. If in future any attempts are made to sponsor her as a family class applicant by yourselves, this form is what CIC will produce to show that you waived that opportunity and fully understood you were doing so.

this is a very difficult situation, the ex spouse will not allow the child to be examined (7rys old) My husband would if he did not have to fight to be able to. She wrote letters and sent emails to the visa office and they responded with no medical required. All my husband and I want is to be happy and together but this certainly has affected our excitement. And lastly if you know, where in the process part is this? close to a decision? Anxious! Thank you Again Charlie.

 

[CharlieD10]

this is a very difficult situation, the ex spouse will not allow the child to be examined (7rys old) My husband would if he did not have to fight to be able to. She wrote letters and sent emails to the visa office and they responded with no medical required. All my husband and I want is to be happy and together but this certainly has affected our excitement. And lastly if you know, where in the process part is this? close to a decision? Anxious! Thank you Again Charlie.

You should be close to the end, since they are covering his admissibility by covering the admissibility of his dependents, and your file is at a satellite office. Medicals are generally among the last checks.