Hello, am in Canada seeking asylum, at what step would I be able to sponsor my USA citizen wife to Canada.
As soon as I get my work permit or that is impossible ?
As soon as I get my work permit or that is impossible ?
Sponsoring my wife
- Thread starter Deadfacex9
- Start date
It won't be possible as soon as you get your work permit.
You will need to wait until after your claim is accepted. You will then apply for PR and include your spouse as part of this application.
Note that having a US citizen wife may create complications for your asylum application.
Ok thank you, so it's better to not get married for now. Would I be able to visit her when I get my work permit? And it would take a visa or just with a refugee travel document ?
No, you won't be able to visit her once you get a work permit. You will need to wait until your asylum claim is approved and you have protected person status. Then you will need to apply for an RTD. Once you have an RTD, you will need to apply for a US visa.
Can you please explain to me the steps after submitting the BOC,
I'm in Canada right now, would I be able to ask for refuge in the states if I get a tourist visa ? Isn't there a law that says that you should ask for asylum in the first country you get to ?
I'll let others comment on the steps after you submit the basis of claim.
You won't be able to file an asylum claim in the US due to the safe third country agreement. Plus, even if you wanted to try, US tourist visas take around 2 years to obtain these days. Don't see how this is a realistic option.
The basis of my claim is fear of persecution because am an atheist and bisexuality from a country with Muslim majority. I want to be with my partner so bad, and it seems like it's gonna take years am really losing hope
You will not be able to travel to the US for several years. Your partner will have to visit you. As mentioned before, it will also be several years before your partner can qualify for PR through you (assuming your claim is accepted).
Can your partner immigrate to Canada independently through an economic immigration program like Express Entry?
She would but no, our case is pretty complicated, she will see an immigration attorney in the states to see if she can sponsor me through a fiancé visa. And I will go to an immigration lawyer and see my chances. About the RTD, when do I get it exactly ?
You will only qualify to apply for an RTD after you are a protected person. This means after your hearing and after your claim is accepted and approved by Canada. If you're just submitting the BOC now, you're most likely at least a year out from qualifying to apply for an RTD.
Thanks for your help scylla, also one last question, they told me I have the right for a government lawyer or something. Where can I find a directory ?
Have no clue why they didn’t sponsor you as a K1 visa. That process would potentially be way shorter than claiming asylum .
And your asylum isn’t guaranteed. And I don’t know who “ they “ are. But it’s not your right to get a lawyer. You could pay for one since I assume you had to show funds to travel to Canada , or your spouse could send you money to fund one
* Legal aide is not guaranteed
“If you are financially eligible and your matter has merit,”
If they feel your claim does not have merit , they won’t represent you . People gotta stop posting on here that Legal Aide is a GIVEN or guaranteed
It’s not
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You really should have consulted an immigration lawyer (especially a US one) before coming to Canada and filing your asylum claim. This has complicated your life tremendously especially if your future spouse is a US citizen. There are huge backlogs in the asylum system and many are waiting 1-2 years for a hearing. If approved they get status but many get refused and then have to appeal. Family reunification often takes 4+ years but can be much longer.
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