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Author Topic: Sponsoring Spouse Passes Away before landing  (Read 703 times)
neshgk
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« on: July 16, 2009, 06:21:31 am »

Hi,

We are a couple from India married for 3 years.
My wife moved to canada a year ago(2008) as PR and sponsored me as spouse from
Canada while I was(am) still staying in India.

My application went through and all the processes got completed in May'09 and I have got my
Immigration Visa stamped on my passport with a validity till end of August'09.

But tragically my wife passed away last June'09 in Canada.  I brought her body from canada through my
Brother-In-Law who was in mexico at that time and finished all the rituals.

Now will there be any change in my immigration status....  and am I still eligible to immigrate to Canada.

If yes, please advise as to what all needs to be done by me before moving to canada.

Await to hear from veterans here..

Thanks

Ganesh.


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robertbola
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« Reply #1 on: July 16, 2009, 11:26:13 am »

I'm sorry about your passing...I really do not know the answer to this but I hope someone here can help you with that. This is such an unfortunate situation and I wish to express my symphathy.

God bless you
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Leon
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Posts: 12867
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« Reply #2 on: July 16, 2009, 12:23:10 pm »

I am sorry about your wife I but I don't actually know the answer either.  Do you have family in Canada who can call CIC for you and ask?  You can also try going to Canada and landing as a PR and see if they let you.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
RobsLuv
Champion Member
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Posts: 1758
Ratings: +118
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.: Original:9May'07; Reprocess:7May'10
AOR Received.: Original:28Apr'07; Reprocess:26Apr'10
File Transfer...: n/a
Med's Request: Reprocessing:7May2010
Med's Done....: Jun2010
Interview........: n/a
Passport Req..: 30Nov2010!!
VISA ISSUED...: 31Dec2010!!
LANDED..........: 31Jan2011

« Reply #3 on: July 16, 2009, 01:12:53 pm »

My deepest sympathies. 

It's my understanding that your wife's passing means that you are no longer an eligible member of the family class and, because you hadn't landed and become a permanent resident before her death, your visa is now invalid.  However, please don't take my word for it.  You should contact a reputable Canadian immigration attorney who is willing to consult with you over the phone or by email about this issue before you make any decisions.  I'd start with David Cohen, the guy who sponsors this forum, and if you can't get any response from him, do a Google search on Canadian immigration attorneys and you should be able to locate one who will respond to email inquiries.
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Married 9'06, ap sent 3'07 & refused in 1'08 due to inadmissible son.  Appeal won 1'10.  Ap back in process 4'10, new meds requested 5'10 - submitted in June.  FBI rec'd 8'10 after 12 wks!  Approved 30Nov2010! COPR recd 05Jan2011. LANDED 31Jan2011 YAY!
Boncuk
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« Reply #4 on: July 17, 2009, 07:42:12 am »

I'm terribly sorry for your loss Sad I hope you get the answers you need.
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Sponsor approval: March 30, 2009
Application sent to Cairo, Egypt: March 30, 2009
AOR Received : May 28, 2009
Passport requested: June 22, 2009
Passport received with Visa!: August 6, 2009
Landed in Toronto: Sept 14, 2009
MARLENA
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« Reply #5 on: July 17, 2009, 07:57:32 am »

My deepest sympathies.
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Suin
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« Reply #6 on: July 17, 2009, 08:57:23 pm »

May God bless you. yes, you definitely need the lawyer's advice.
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it's just my own opinion influenced by my own experience.
neshgk
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« Reply #7 on: July 20, 2009, 01:44:43 am »

Thank you all...  Will try to get an answer from an immigration lawyer as you suggest.
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pen80
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« Reply #8 on: July 20, 2009, 03:08:36 pm »

I'm so sorry about your lost.
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Rasha
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« Reply #9 on: July 20, 2009, 04:56:02 pm »

So sorry for your loss Sad.
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Sent application: MAR 23, 2009
First stage approval: APR 8 2009
Application sent to Local Embassy: APR 8 2009
In Process on e-CAS: May 28 2009
AOR Received: JUN 10 2009
Approved and Passport Request: AUG 4 2009 (133 days!)
Passport Received: Aug 20
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