Canada Sponsorship for Spouses living in USA

[fitorres]

Hi there,

I will try to be straightforward with my situation, then my questions and concerns. I will strongly appreciate ANY help and information you can provide me with as well.

CASE.

- I am a Permanent Resident in Canada (Sponsored by my father 2 years ago).
- I would like to Sponsor my fiance (not yet married) - 4 years of relationship.
- My Fiance has been living in the U.S for the past 6 months (with tourist B1/B2 VISA entry) - Yes, next week she will be staying on an "illegal" status. Even though her VISA expires in 10 years.
- I plan to marry her in NYC before the Sponsorship application, so I can apply for my "Spouse" instead of a conjugal or common-law partner.
- Going back home is very risky and unsafe, so we don't want to consider any options with her returning back home.
- I am a full-time student with part-time jobs, making between $20 - $30k/ year (I know income is not required anymore for spouses sponsorship, but I still have to prove that I can take care of her)

QUESTIONS.

1.- Can I actually apply? If so, how risky it is to be denied because of her legal status and/or my current situation (student + part-time job)?

2.- How long before applying do I have to get married?

3.- It is possible to Sponsor a Spouse by being a full-time student?

4.- Can she applied for Asylum in the U.S and apply for Sponsorship in Canada at the same time? If not, can she stay "illegal" there while having an application here?

5.- Is there anything specific that I can do before applying to maximize my chances to get approved?

I know some people might say "ask a lawyer or someone that knows more in-depth", so if you know that attorney or immigration specialist, please let me know so I can contact it.

Thank you very much for your time and responses.

 

[Wakki]

Hi there,

I will try to be straightforward with my situation, then my questions and concerns. I will strongly appreciate ANY help and information you can provide me with as well.

CASE.

- I am a Permanent Resident in Canada (Sponsored by my father 2 years ago).
- I would like to Sponsor my fiance (not yet married) - 4 years of relationship.
- My Fiance has been living in the U.S for the past 6 months (with tourist B1/B2 VISA entry) - Yes, next week she will be staying on an "illegal" status. Even though her VISA expires in 10 years.
- I plan to marry her in NYC before the Sponsorship application, so I can apply for my "Spouse" instead of a conjugal or common-law partner.
- Going back home is very risky and unsafe, so we don't want to consider any options with her returning back home.
- I am a full-time student with part-time jobs, making between $20 - $30k/ year (I know income is not required anymore for spouses sponsorship, but I still have to prove that I can take care of her)

QUESTIONS.

1.- Can I actually apply? If so, how risky it is to be denied because of her legal status and/or my current situation (student + part-time job)?

2.- How long before applying do I have to get married?

3.- It is possible to Sponsor a Spouse by being a full-time student?

4.- Can she applied for Asylum in the U.S and apply for Sponsorship in Canada at the same time? If not, can she stay "illegal" there while having an application here?

5.- Is there anything specific that I can do before applying to maximize my chances to get approved?

I know some people might say "ask a lawyer or someone that knows more in-depth", so if you know that attorney or immigration specialist, please let me know so I can contact it.

Thank you very much for your time and responses.

You plan to legally marry her, so could apply for your spouse, not conjugal or common-law partner.

1.- Can I actually apply? If so, how risky it is to be denied because of her legal status and/or my current situation (student + part-time job)?

You could go to legally marry her in USA and apply for Spousal Sponsorship (Outland)........Refer......Who can become a sponsor
Your sponsorship application will be approved based on the proof and genuineness of your marriage and not your wife status in the US.

2.- How long before applying do I have to get married?

You can apply to sponsor your spouse immediately after marriage......include the marriage certificate in your sponsorship application.

3.- It is possible to Sponsor a Spouse by being a full-time student?

You have been working part-time.......include your CRA notice of assessment and maybe explain how you plan to financially support your spouse.

4.- Can she applied for Asylum in the U.S and apply for Sponsorship in Canada at the same time? If not, can she stay "illegal" there while having an application here?

She could do both........but will prefer and advice you do only the spousal sponsorship.........a lot of people stay out-of-status in USA, so she could stay, but just keep a low profile until the sponsorship is approved........she will be required to include Police Certificate from USA (FBI) in the sponsorship application.

5.- Is there anything specific that I can do before applying to maximize my chances to get approved?

Review the Spousal Sponsorship Checklist........start gathering supporting documents........review post of this site, may learn from others experience........review the sponsorship Guide.

6.- The decision to use a lawyer in yours..........the process is not complex if your submit the required document according to the Spousal Sponsorship Checklist.

 

[fitorres]

Thank you so much Wakki. That helps me a lot!

CIC make it look easy, and it is certainly easy to "apply".

I just don't want to be rejected for stupid mistakes or something I could have add to increase my chances.

Our relationship is very easy to prove (photos, conversations, traveling tickets, i.e), that is not a concern at all. Her legal status and my current situation is my only concern.

I know I can take care of her economically, but how to best prove it besides CRA Assessment?
- Would a Credit Card statement work?
- Would a employer letter work as well?
- Can I actually add as much as I can and want? Or that is not advisable?
- Do I have to have money saved in a bank account "just in case", or is not necessary? If yes, how much would be advisable?

The more I add the better? Or they don't want to be bombarded with unnecessary information? (I would say it will make it easier for them, though)

Thank you very much again.

 

[KBH]

You mention that her going home is not an option. You should be aware that when applying outland (with the applicant outside of Canada), if she is called for an interview, it will be in her home country. If she does not attend, the application will be rejected.

 

[Wakki]

Thank you so much Wakki. That helps me a lot!

CIC make it look easy, and it is certainly easy to "apply".

I just don't want to be rejected for stupid mistakes or something I could have add to increase my chances.

Our relationship is very easy to prove (photos, conversations, traveling tickets, i.e), that is not a concern at all. Her legal status and my current situation is my only concern.

I know I can take care of her economically, but how to best prove it besides CRA Assessment?
- Would a Credit Card statement work?
- Would a employer letter work as well?
- Can I actually add as much as I can and want? Or that is not advisable?
- Do I have to have money saved in a bank account "just in case", or is not necessary? If yes, how much would be advisable?

The more I add the better? Or they don't want to be bombarded with unnecessary information? (I would say it will make it easier for them, though)

Thank you very much again.

Refer....Spousal Sponsor Checklist...............

Employment/Source of Income...
If you are working in Canada, provide an original letter from your current employer stating your period of employment, salary, and regular hours per week AND one of these documents issued by the Canada Revenue Agency (CRA):
• Your most recent Notice of Assessment

PROOF OF RELATIONSHIP TO SPONSOR......
Documentary evidence of financial support between you and your sponsor, and/or shared expenses.
---you do not need to show bank account....or deposit money in any account........or provide employment letter or credit card statement.......if you really want to show financial support, a very simple way would be to send your spouse money thru like Western Union transfer and include the transfer documents.

 

[fitorres]

You mention that her going home is not an option. You should be aware that when applying outland (with the applicant outside of Canada), if she is called for an interview, it will be in her home country. If she does not attend, the application will be rejected.

Thank you KBH!

I would like to get to that "IF".

What are the "odds" of her getting requested for an interview?

- It is common to be interviewed?
- It is randomly chosen?
Or
- It is rarely, but happens when they suspect something?

If she goes back home there are 2 main things that will affect us:
- It is extremely unsafe.
- She could be deported at the airport if authorities see she has been in the U.S for more than 6 months continuously, OR they would let her go without saying anything but they will not allow her to enter anymore when they see in the system the longevity of the entries. Also, if God forbidden her application is rejected she will be back to Chaos and misery back home, without the opportunity to live neither U.S nor Canada.

Thank you for your time and responses!

 

[fitorres]

Refer....Spousal Sponsor Checklist...............

Employment/Source of Income...
If you are working in Canada, provide an original letter from your current employer stating your period of employment, salary, and regular hours per week AND one of these documents issued by the Canada Revenue Agency (CRA):
• Your most recent Notice of Assessment

PROOF OF RELATIONSHIP TO SPONSOR......
Documentary evidence of financial support between you and your sponsor, and/or shared expenses.
---you do not need to show bank account....or deposit money in any account........or provide employment letter or credit card statement.......if you really want to show financial support, a very simple way would be to send your spouse money thru like Western Union transfer and include the transfer documents.

Thank you very much again Wakki!

Though your information is very helpful, I was refering to financially support my spouse here in Canada.

She does not need my financial support at the moment by living in the U.S because she is living with her father who is already working there legally and supporting her.

If I were CIC and I see that suddenly 1 or 2 months before an application someone starts to "send money" to her spouse who is living without any kind of financial support for the last 4 years of relationship, then I would suspect that it was just a "move" from the applicants to show some kind of support that wasn't made before. Which I would consider fraud, on my opinion.

Your information is valuable don't take me wrong, when I was sponsored by my dad 2 years ago we showed proof of financial support for the last 2 years... but it wasn't the last 2 months before an application you know what I'm trying to say?

The least I want is them thinking I want to trick or fool them in any way.

Again, thank you so much for your help!

 

[canuck_in_uk]

Thank you KBH!

I would like to get to that "IF".

What are the "odds" of her getting requested for an interview?

- It is common to be interviewed?
- It is randomly chosen?
Or
- It is rarely, but happens when they suspect something?

If she goes back home there are 2 main things that will affect us:
- It is extremely unsafe.
- She could be deported at the airport if authorities see she has been in the U.S for more than 6 months continuously, OR they would let her go without saying anything but they will not allow her to enter anymore when they see in the system the longevity of the entries. Also, if God forbidden her application is rejected she will be back to Chaos and misery back home, without the opportunity to live neither U.S nor Canada.

Thank you for your time and responses!

Interviews happen when IRCC has issues with an app. Being illegal in the US, while not a reason for refusal, will be a red flag that could contribute to an interview decision.

 

[Wakki]

Thank you very much again Wakki!

Though your information is very helpful, I was refering to financially support my spouse here in Canada.

She does not need my financial support at the moment by living in the U.S because she is living with her father who is already working there legally and supporting her.

If I were CIC and I see that suddenly 1 or 2 months before an application someone starts to "send money" to her spouse who is living without any kind of financial support for the last 4 years of relationship, then I would suspect that it was just a "move" from the applicants to show some kind of support that wasn't made before. Which I would consider fraud, on my opinion.

Your information is valuable don't take me wrong, when I was sponsored by my dad 2 years ago we showed proof of financial support for the last 2 years... but it wasn't the last 2 months before an application you know what I'm trying to say?

The least I want is them thinking I want to trick or fool them in any way.

Again, thank you so much for your help!

Documentary evidence of financial support is just one of the many ways to show proof of relationship......only tried to let you know you didn't have to do any of those you earlier listed........anyway got your point.