Spousal sponsorship

[mcm240906]

Hi everyone...can someone help me...I was being sponsored by my husband as a spouse. When my husband applied and land in Canada he did not declared me since we are still on a girlfriend and boyfriend relationship then. I received a letter last June 21, 2012 from CEM telling that I may mot meet the requirements for immigration to Canada because I was not been declared by my husband when he applied and bedore he landed in Canada. It was my mistake because based on my interpretation and understanding cohabiting is something that a girl or boy sleeps over to either parents' house. I worked in a certain City of Manila,phillippines while my husband then is in the province. I sleep to their house usually on a Saturdays and Sundays only and the rest of the day I stayed in my condo. Also, declared their home address as my address I lived with because of what cohabiting means to me. But all my identifcation card and everything was addressed either to my parents house or with my condo. Another thing, i was not able to declare all my apartment/condo because I have considered it as temporary since I usually transfer to another apartment due to the nature of my work. I have still aome reeipts and documents to prove that we did not cohabit or fall under xonjugal relationship.

What is the best thing to do, because we are given 45daya to submit any evidence or we may wishes to submit. What are some the possibilities to make a VO convinced and decide to grant my visa.

Indeed, i do not have any idea on the provision of what cohabiting or common law partner is all about. All questions that I have been answered is with integrity and nased on my understandings.

Please someone help me....thank you so much

[computergeek]

What is the best thing to do, because we are given 45daya to submit any evidence or we may wishes to submit. What are some the possibilities to make a VO

You must provide evidence that you did not live together for a year. You have already described what evidence you have - that is what you need to submit.

Build your case.  Try to look at it objectively.  Think of yourself as a cynical and suspicious visa officer sitting in an office looking at mounds of paperwork all day.  When YOU look at that evidence as this person, are YOU convinced that they were just boyfriend/girlfriend and not co-habitating couple.

Co-habitation means you LIVED together.  Spending time together - even weekends - is NOT living together.  In Canada, living together as a couple is a common occurrence and after a year the couple are said to be "common-law".  But boyfriend/girlfriend is NOT the same thing; spending weekends is not co-habitating.  Provide evidence that you lived with your parents. 

Since you have created confusion with your using his address, you really need to explain what happened.

If you are convincing, you will overcome their objection.  If you are not convincing, your husband will need to convince the IAD board that this is the case, but that will take several additional years, so you REALLY have to put your best foot forward here.  Explain exactly what you have explained here.  State that you DID NOT LIVE TOGETHER and prove it - show you had your own apartment.  Demonstrate your ID listed that address.  Include every piece of documentary evidence that you had.  Explain that while you spent weekends with him, you did not live together.

Good luck!

[mcm240906]

Thank you so much for your reply...

[gemini1973]

In respect to your response,,,
 If you don't want to or can't get married, your girlfriend can come and visit you.  She would get visitor status for 6 months normally.  When the 6 months are almost up, you can apply to extend based on that you are living together to qualify to apply to sponsor her as your common law partner.  After 12 months, you apply to extend again based on that you are applying to sponsor her now.  Apply outland through the US, it will probably take around 6-8 months and she will have her PR in Canada.

During all the time she is on visitor status, she can not work or study.  You will have to support her.  If she gets bored, she can take short courses or volunteer.  Every time you apply to extend her visitor status, you need to show that you can still support her and that she has some kind of emergency health insurance in case something happens to her.


Would it be faster if my girlfriend from US apply a Provincial Nominee her in Alberta? Please advise. Thank you.

[Leon]

Would it be faster if my girlfriend from US apply a Provincial Nominee her in Alberta? Please advise. Thank you.

If she qualifies to apply through PNP and you definitely do not want to marry, it would probably be faster than first doing a year of living together and then having to apply.

[mcm240906]

Hi Leon...what can you say about my case? I actually need all your opinion. My husband already consulted with an attorney and have said that I need to submit an affidavit of my previous addresses. Although still might have a problem, so another option was given to us is to withdraw my application. Is that the best way? From all comments you have encountered here does anyone who has the same case with me and have the chance of granting his/her visa?

Also, will it be possible for me to submit my evidences and withdraw my application? Because I just want to prove indeed that it was my mistake and my interpretation of cohabiting is very limited. Will the VO finds us "GUILTY"? Will they still open my husband's file? Because if will chose to withdraw my application and still they will revoke my husband PR that I would not want to happened and better to submit all the evidences I can gathered with at least they have my information that we are telling the truth. Is this a "SERIOUS CRIME"? I did not killed anyone, I did not fought to anyone, I did not steal anything, I am not a drug user...I am just being honest and my intention is good...that it was my mistake and my level of understanding for cohabiting/conjugal or even common-law partner is so limited...

My husband a while ago was not able to raised questions like what I am having right know because he is already depressed and hopeless, which I understand...he is even crying...actually we are both crying...My husband and I just wanted to start our family there...and we do not have any intention of anything.

I hope I can get more opinions in this thread and if you know someone which has the same case that I have and was been approved, please, please, please I am begging...help me to have an idea on what to do...have 31 days left to submit with CEM.

[Dave.d]

How much money does a sponsor have to pay her/his spouse in case they are separated by divorce each month as welfare and for how long? months or years?

And if the sponsor remarries what are the issues/challenges that the new spouse can expect before immigration into Canada?
 

[computergeek]

How much money does a sponsor have to pay her/his spouse in case they are separated by divorce each month as welfare and for how long? months or years?

With respect to immigration, you do not have to pay anything to your spouse.  You DO have to repay any amount paid to your spouse as social assistance during the three year period of your sponsorship guarantee.

And if the sponsor remarries what are the issues/challenges that the new spouse can expect before immigration into Canada?
 

Assuming the sponsor has not been sponsored in the previous five years, you are only restricted from sponsoring a new spouse by the three year sponsorship guarantee period (you cannot sponsor another spouse until the three years have elapsed). 

[mcm240906]

 @  computergeek...hi...please, please, please i need your expertise on what can you share with what i have posted a while ago...thank you so much...

[Leon]

Hi Leon...what can you say about my case? I actually need all your opinion. My husband already consulted with an attorney and have said that I need to submit an affidavit of my previous addresses. Although still might have a problem, so another option was given to us is to withdraw my application. Is that the best way? From all comments you have encountered here does anyone who has the same case with me and have the chance of granting his/her visa?

It sounds like the mistake you made was to declare your address to be the same as your husbands while you both lived in your homeland when it really was not your address as you were only staying there on the weekends.  The problem with this is that immigration now believes that you were common law partners at the time he immigrated which would have meant that he was obliged to include you in his application.  The fact that he did not is seen as misrepresentation on his part and if immigration believes this to be true, they can revoke his PR or bar him from ever sponsoring you for PR.

You now have to backtrack and tell immigration that you lied about your address in your application as you were really not living with your husband at the time, you were living in your apartment but only staying with him on weekends.  Who knows if they will believe you but it is your only option to try and bring any evidence you have of the apartment you had in the city.

[mcm240906]

thanks Leon...want to share the exact CAIPS result before I have received a letter from CEM.

VO noted on CAIPS result that...

Initial Screening: FC1 x 1, Filipino, overseas, no dependents included. RPRF paid. ****SPONSOR: Sponsor landed on 26 Jul 2010 as PV2(B056613760). No declared dependents in PR application. Submits pcopy of PR card. Previous sponsorship/relationships/children declared: none. ****APPLICANT: CTC birth certificate on file. Birth appears registered on time. Orig NSO birth certificate was already requested. – No previous marriage/common-law partner declared. ***RELATIONSHIP: Spousal relationship. Civil marriage on 05 Jan 2011 in Bacolor, Pampanga. Photocopy of marriage certificate registered on time. Declares cohabitation from 17 Sept 2008 until sponsor left for Canada on 12 Jan 2011. Submits REL DOC. ***OBSERVATIONS***. Legality of marriage: appears to be first marriage both applicant and sponsor, and both meet minimum age requirements. _ First met in 2007. They were introduced by a common friend. Applicant had ectopic pregnancy in 2008. Declares they have been cohabiting before sponsor left for Canada in Jul 2010. Sponsor proposed over internet chat on 06 Sept 2010, returned to marry applicant. Docs appear to support declared relationship. – Noted that sponsor and applicant appear to be in a common-law relationship before sponsor landed in Canada. Declared addresses coincide for stated cohabitation period. Applicant was not declared in sponsor's application for PR. For closer review. ***Background:- FOSS and GCMS checks done, no adverse info, - No declared overseas exposure – NBI issued 18 Jan 11, No derogatory record SUMMARY: Information on file appears to establish relationship between sponsor and applicant. Appears interview waiver may be warranted. Background information appears to be complete. File referred to officer for waiver confirmation review and CRIM. The ff docs were requested on 18 Aug 11: - Completed Appendix A- Personal History from 1995 up to present – Original NSO birth certificate – Original NSO marriage certificate- Original NSO AOM – Original Passport

[suites]

Hi sir Leon, hope you could help me with my situation. Do I still have a time or chance to include on my background details/personal history about my travel in other country for 6 months. I already sent my passport and addt'l docs at the Embassy. The thing is, when I was reviewing the form again I didn't include my travel in other country which makes me really afraid of. Then I also learned that I have to submit a police clearance from the country that I have worked with which the Embassy will request it together with the PPR, since I did not include it, so there's  no request letter  I got PPR.  The background and personal history that I filled up is purely my employment history in my native country I feel  like am answering a bio data, which makes me so stupid. I didn't include also that I gave birth,(but I include my daughter as my dependent), and another vacation  trip in other country for 4 days. Should I inform them now that I misunderstood the form and want to resubmit another form and a letter of explanation? Or should I just wait for them what will they say? I just want to avoid any problem regarding this in the near future. Please give some advice. Thank you very much.

[livelife]

hi Suites,

You should have had answered it as truthfully and as carefully as you could. But since it is done, it is done. What you can do now is to at least email or fax them the correction of your entries. At least, you are the one initiating it and not them. By then, they would be more convinced that it was really an honest mistake.

[suites]

hi Suites,

You should have had answered it as truthfully and as carefully as you could. But since it is done, it is done. What you can do now is to at least email or fax them the correction of your entries. At least, you are the one initiating it and not them. By then, they would be more convinced that it was really an honest mistake.

thanks livelife, yeah i really want to do it asap. But my husband telling me that we should wait what the VO will going to say about it. He encouraged me that there's nothing to worry about and we just have to wait what will the response of the VO, because the application was already there.i want to obey him but am really nervous because i know it was a mistake not putting those information. the one thing i worried about is if i do it then if my application gets worst my husband for surely blame me . I really don't know what to do....

[livelife]

hi Suites,

Maybe we can ask some forumers' advice.

Hi people, can you shed light to Suite's dillema?