worried

[silverfoxx]

I have quite a few concerns about the application re sponsoring wife. My wife is in canada on a student visa till 2014. We are both in our early 30s and have lived together for almost 3 years and have travelled to korea together and had a big wedding in canada which her family attended

1. I have a criminal record (assualt got in a fight at a bar in 1999/conditional discharge, dui in 2001 guily ) and i think i might still have an outstanding charge from 02 in toronto for driving while prohibited. Lived in toronto for 6 months and have never gone back since

2. Wife has a son in korea she has not seen in over 7 years

3. She was previously married twice 1st time in korea at age 19 for 3 years father of her son(divorced) 2nd time in japan for 6 months husband was abusive.(divorced in 06)

Really worried do you think we need a lawyer or a immigration consultant, and confused whether to apply inland or outland. Was leaning towards inland and applying for owp at the same time

Hope someone can help thx

 

[Creampop]

1. I have a criminal record (assualt got in a fight at a bar in 1999/conditional discharge, dui in 2001 guily ) and i think i might still have an outstanding charge from 02 in toronto for driving while prohibited. Lived in toronto for 6 months and have never gone back since

You must have been convicted of a violent crime for the sponsorship bar to apply to you. From what you have said I believe you are ok.

http://www.cic.gc.ca/english/department/media/backgrounders/2011/2011-11-23.asp

The bar on sponsorship for violent crime means that a potential sponsor convicted for committing or attempting to commit a violent offence punishable by a maximum term of imprisonment of at least 10 years against anyone is now barred from sponsoring a member of the family class to come to Canada. This regulatory change is similar to the current prohibition for convictions of a sexual nature.

Someone who has committed such a serious crime, regardless of who it was against, should not benefit from the privilege of sponsorship.

2. Wife has a son in korea she has not seen in over 7 years

She must include her son on her application if he is a dependent child doesn't matter if she see him or not. She will have to write an explanation as to why she is not having him examined and that she doesn't see him and also that she knows by not having him examined she will never be able to sponsor him to come to Canada.

3. She was previously married twice 1st time in korea at age 19 for 3 years father of her son(divorced) 2nd time in japan for 6 months husband was abusive.(divorced in 06)
I am not sure if there is even a question here? doesn't matter how many times she was married or divorced as long as the divorces were legal and her marriage to you is legal Good Luck!

 

[canadianwoman]

You should be OK. Your wife having two previous marriages might be an issue with the visa officer, if you have had no previous marriages or common-law relationships, but can be addressed simply by showing more evidence than 'typical' that your relationship is genuine. A big mismatch in marital histories is more of a problem with people who had arranged marriages anyway.

 

[Creampop]

The divorces were legal, they should not be an issue I have been with my current husband 13 years (we just married this year) but he is my 3rd marriage all I did was include the divorce decrees with my application. Her second divorce was 6 years ago... I am not sure about divorce papers in Japan but my papers list the reason for divorce, if her's do I don't think anyone would question getting out of an abusive relationship. and if the divorce papers don't state reasons she can always include a letter explaining why her previous marriages didn't work.

 

[silverfoxx]

Contacted a few lawyers and they all saying there possibly could be a problem. Some saying the criminal record, others saying the criminal record wont be a problem but wife being married twice will be, others say having a child will be. One even said when i stated my assaualt charge has been over 10 years ago and it was not against a family member or female, that hes not sure i should check the cic website. What are u doing advertising as an immigration lawyer if you cant even answer or give an answer like that
I think i going to get a lawyer but dont know who is good and not going to milk me for as much as they can get. But also found a consultant that says she worked in a canadian embassy over seas as a VO , doing interviews,issuing visa and pr cards. She charges roughly what lawyers are charging on the low end 5k plus app fees lawyers are saying 5-8. Dont mind paying but want someone that will do a good job

 

[Creampop]

The problem is not with what you have put behind you it's the fact you think you have an outstanding warrant of course thats going to be a problem if you go to jail as you can't sponsor anyone while in jail. now lets say you don't have an outstanding warrant. the other things on your record will not effect you and I will post an answer you can't deny like the one above this is another from CIC website. Thats why I posted the link for you to read

http://www.cic.gc.ca/english/department/media/backgrounders/2011/2011-11-23.asp

Duration of the sponsorship bar

The sponsorship bar remains in effect until an individual convicted in Canada is either pardoned or acquitted on appeal, or where five years have elapsed since the completion of an imposed sentence. For convictions outside Canada, the sponsorship bar is in effect until an individual is acquitted on appeal, or where five years have elapsed since the completion of an imposed sentence and the sponsor has demonstrated that they are rehabilitated. The regulatory changes do not alter the duration of the bar.

Now the 1999 was not a conviction it was discharged so you don't have to worry about that. The DUI you said you was found guilty I don't know what your sentence was but as long as you were done the sentence in 2007, you again don't have to worry about the bar. what you do need to do is find out if you have an outstanding warrant and get that fixed because until you do you won't be able to sponsor your wife. Honestly in this day and age divorce is very common and it is not unusual to be in your 30's and be divorced even more then once as I said this is my 3rd marriage I was approved and landed in 7 months which is fast for a VO thats posting 16 months with sponsorship approval. My now husband and I have been together since 1999, I was married to someone else when we met I was still married to someone when I gave birth to both of our children 2003 and 2005, I finally got divorced in 2008, you said you have lived together 3 years big wedding trips you have a valid relationship being married you do not have to prove as much as applying common-law. and honestly a lawyer is going to tell you whatever they think will draw you in and get money from you... once you find out about the outstanding warrant and all is clear to file I would file like everyone else, if something comes up and you need a lawyer you can obtain one then no sense in paying for one if you don't need one and of course it's just my opinion but I don't think you will need one providing of course you don't have an outstanding warrant. Good Luck!