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*URGENT* Need help with Sponsorship

rinkhet

Member
Jun 3, 2014
12
0
29
Ottawa
I'm a US citizen looking to immigrate to Canada. I'm married to a Canadian citizen and we've found ourselves in a bad situation.
We're only now in a position where my wife can sponsor me as she's been accepted on disability, before she was on welfare and that had made her ineligible. My wife is disabled and I take care of her with daily necessities. Such as cleaning and cooking her meals, reading and writing her documents, accompanying her in public, etc... I'm essentially her caregiver and she quite literally needs me here.
When she was accepted on disability her disability worker had told us we needed to wait up to one year before she can sponsor me, which we find out that is not correct. Though we didn't think to question her though since she works for the government we assumed she knew her stuff. Though us waiting this long to start the sponsorship has created a big problem.

I've been in Canada for three years as a visitor while trying to find out ways to immigrate since sponsorship wasn't an option at the time, and also helping my wife get on disability since she wasn't able to fill out documents by herself. The last I applied to extend my stay it was denied and was told to leave immediately, which considering how long I stayed that's completely fair and understandable and I didn't argue with that decision.
We had called immigration and attended a sponsorship workshop at the YMCA to talk with someone who would help us figure out what to do. Both told us to drive down to the border and get myself re-processed and hopefully if the border guy was nice enough and heard out our situation he'd let me back in.
Needless to say he wasn't happy and was kind of downright rude to us, we had to keep reminding him that my wife is disabled when he made snide remarks. I understand they need to be strict but the way we were treated made my wife breakdown three times while we were there.

He gave me a 10 day extension to stay in Canada (Up until March 11th) and we are to go back to the border office with proof of the sponsorship application being submitted as well as proof of payment, then they'd give me another 6 month extension while that processes. Which we can do but I don't think in such a little time, maybe if he gave us one month to do this.
The problem is obtaining FBI reports for myself as I need one from the US and one in Canada and I'm sure getting documents like that will take more that 10 days. I can't find who to call or where to go in order to do this or if it's possible to get them fast.
Can I call someone to see if I can get as much as this done as I'm physically able to in this time frame and possible get proof that I have submitted to get FBI reports and maybe get more time?

I know staying this long is a problem but when I entered Canada and the guy in customs had told me to either stay in Canada or don't come back at all. Which scared us and my wife decided to just keep extending my stay and figure out what to do. I understand I've done this all wrong but my wife is so frantic and terrified about me leaving and not being able to come back. Any conversation I've had about me going back to the US makes her upset and terrified because she cannot be alone and she doesn't want to lose me. It's heartbreaking.

Please we need advice.
 

KBH

Champion Member
Sep 13, 2017
1,454
763
Toronto, ON
Category........
FAM
Visa Office......
Mississauga
App. Filed.......
August 2nd, 2017
AOR Received.
September 22nd, 2017
File Transfer...
October 7th, 2017
Passport Req..
December 29th, 2017
VISA ISSUED...
January 23rd, 2018
LANDED..........
Feb 1st, 2018
First, although I am not encouraging you to stay in Canada while out of status, I will point out that there is no requirement to be in status to apply for PR. There are tons of people who apply for spousal PR from inside Canada while out of status, and being out of status has no impact on the application. In theory, deportation orders are often put on hold if the person has a PR app in process (it's very very rare to be deported if you have a spousal PR app processing). So absolute worst case scenario, if you are not able to complete the app in time to return to the border and get your extension on March 11, you could choose to stay in Canada anyway and submit the PR application as soon as possible. If that happens, you should apply outland rather than inland, just in case you do end up needing to leave Canada for some reason and are not able to return until you get PR. You would also obviously want to "lay low" during this time and understand that you would be in Canada illegally. Again, not encouraging or condoning this, just letting you know it is an option.

Now in regards to the police certificates: you do NOT need to worry about the Canadian police certificate at this time. See here: http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=037&top=4

For the US police certificate, the FBI released a new electronic system a couple of weeks ago that is presently only taking 3-5 business days once you mail in your prints (as opposed to the 14-16 weeks it previously took when done completely by mail). If you get on that right away, you should be able to get your certificate in time.
https://www.edo.cjis.gov/

Let me know if there is any other question you had that I missed.
 

Oldmacwright

Hero Member
Aug 18, 2017
404
229
So have you got the app ready to go apart from the police check?

You can also pay for the application now and print off the receipt to show them.

Sounds like even though they were harsh at the border they are giving you some leniency, they just need to see some proof of the sponsorship application.

As KBH said you can still apply whilst out of status, but I would advise to try and avoid this (we have an sponsorship app in process for out of status wife) as you still have the chance to stay in status. And not sure the fact that you have basically alerted yourself to the CBSA may have put you on their radar if you dont return to them in 10 days?. You need to get the app in ASAP regardless.
 
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mikeymyke

Guest
Also there's another major issue here, and that is given your wife's previous welfare, her disability (even though that technically does not disqualify her to sponsor), and the fact she's virtually 100% dependent on you, they may have doubts about her ability to support you.

You should indicate plans as to how you guys will support each other
 

scylla

VIP Member
Jun 8, 2010
96,908
22,871
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
You may have challenges being approved since she is on disability and you are not working. We've seen this scenario result in refusals in the past. Ideally if she is on disability, you are working.
 

rinkhet

Member
Jun 3, 2014
12
0
29
Ottawa
Thank you all! I didn't get alerts for this thread for some reason :(

I wrote this in a panic unfortunately. But after getting most of the paperwork done and searching the internet for any threads or sites with information I can find, I feel better.
As of today I went out and got fingerprinted, I must have misread not needing a Canadian background check yet, I went ahead and did it. :( but I have fingerprints ready to send to the FBI for that check.
Keeping all the receipts for proof to show the border officer.
We can definitely pay for the fees now as I'm aware I need to include that receipt when mailing the application anyways. Having that will be great proof right?

My wife is disabled yes but financially she can support me. She needs my help with everyday life. Today I helped her fill out the paperwork for her background check, she has trouble with reading/reading comprehension and writing. I could go on a list of problems she needs help with. But really I just care for her and act as a housewife.
I'll also be submitting a workers permit application along with this as I've been advised that would be a good idea. I am capable of working unlike my wife. Landing a job? Probably will have difficulty just like anyone else trying to find jobs. But physically and mentally I can work.

I think another question I have is do I write that I currently live in Canada? That might seem obvious but I want to be sure. I need to go over the document checklist more to make sure I absolutely have everything physically possible to obtain right now.
We'll also be attending another workshop at the YMCA that will help with applications.

I'm a little scared because when the border officer asked how soon could think we do this we responded "We could probably fill this out within a week" and he took that quite literally. And we'll come back with all this proof that is WILL be submitted and then not let me stay
"Well you said you could do it"
I'm thinking too negatively I know. :( I'm just very worried about any bad outcomes.