REFUGEE CLAIMANT WITH SPOUSAL SPONSORSHIP

[katesiner809]

Hello Everyone, am from Ghana
I am new to this forum and i need help or advice on what to do with my situation.

First of all i was a bisexual, i stopped at particular time and got married to a my husband. we met at an event when he came from Canada 10 years ago. we had a child together.
he tried to sponsor me but the application was denied because they said he didn't tell them when he became a Permanent resident and i was excluded.

After then one thing led to another and we started having fight over small small issues because he was not happy the application was denied. after 2 years of fighting over the phone. he stopped calling and i tried to settle the matter but he refused to answer my calls or return my messages

i was sad and depressed. unfortunately i ended up going back to having sexual affairs with ladies. it really made me happy at that time. i later got a good job through my girlfriend.
i later traveled to the United states with my daughter for vacation.
one thing led to another and my sexual partner was arrested because of her sexual orientation, she did mentioned my name to the police as her partner and police started looking for me while i was in the USA.
i was so scared and terrified, i was so scared to go back to Ghana so i ended up staying back in the USA. i later moved to Canada to seek asylum.

After a year and half of leaving in Canada and waiting for my hearing date, i met my husband again though one of his friend. To cut the long story short, we tried to make up our marriage and work things out. I am presently pregnant for him.

He his planing to do the spousal sponsorship again. The in- Canada spousal application.
There is pilot project introduced by former minister of immigration , New pilot program to exempt permanent residence applicants in the family class or the spouse or common-law partner in Canada (SPLPC) class from paragraph R117(9)(d) or R125(1)(d) exclusion. This pilot is in effect from September 9, 2019, to September 9, 2021

am just so worried to withdraw the refugee application, please advice me

 

[flamesldn]

I’ll say you should talk to a lawyer about this. My opinion is that you should now withdraw your refugee application when you do that the hold on your removal would be lifted and you would be removal ready(deportation order) best bet is to let both applications process and see what happens from there

 

[canuck78]

Agree that you need to speak to a lawyer about this. Your situation is also a bit different than the standard cases where family members have not been able to be sponsored but remained part of the family group. When did yo7 go on vacation to the US? Did you have family there? How long did you plan on remaining? How ling after arriving in Canada did you start seeing your ex-husband and how long did you fall pregnant after arriving in Canada? Had your ex-husband been supporting his child for the past 10 years? Do yo7 have proof of the financial records. Did he start the PR process to sponsor him/her so that she/he could get citizenship before you claimed asylum in Canada? Has he started the PR process for the child since you claimed asylum in Canada?

 

[katesiner809]

we have never been divourced, he has never married any other woman since our seperation. the spousal application was denied in 2014, i visited USA in 2015, claimed assylum in canada 2017, met my husband again in 2018.

 

[scylla]

Hello Everyone, am from Ghana
I am new to this forum and i need help or advice on what to do with my situation.

First of all i was a bisexual, i stopped at particular time and got married to a my husband. we met at an event when he came from Canada 10 years ago. we had a child together.
he tried to sponsor me but the application was denied because they said he didn't tell them when he became a Permanent resident and i was excluded.

After then one thing led to another and we started having fight over small small issues because he was not happy the application was denied. after 2 years of fighting over the phone. he stopped calling and i tried to settle the matter but he refused to answer my calls or return my messages

i was sad and depressed. unfortunately i ended up going back to having sexual affairs with ladies. it really made me happy at that time. i later got a good job through my girlfriend.
i later traveled to the United states with my daughter for vacation.
one thing led to another and my sexual partner was arrested because of her sexual orientation, she did mentioned my name to the police as her partner and police started looking for me while i was in the USA.
i was so scared and terrified, i was so scared to go back to Ghana so i ended up staying back in the USA. i later moved to Canada to seek asylum.

After a year and half of leaving in Canada and waiting for my hearing date, i met my husband again though one of his friend. To cut the long story short, we tried to make up our marriage and work things out. I am presently pregnant for him.

He his planing to do the spousal sponsorship again. The in- Canada spousal application.
There is pilot project introduced by former minister of immigration , New pilot program to exempt permanent residence applicants in the family class or the spouse or common-law partner in Canada (SPLPC) class from paragraph R117(9)(d) or R125(1)(d) exclusion. This pilot is in effect from September 9, 2019, to September 9, 2021

am just so worried to withdraw the refugee application, please advice me

You need a laywer.

 

[katesiner809]

You need a laywer.

thank you

 

[canuck78]

we have never been divourced, he has never married any other woman since our seperation. the spousal application was denied in 2014, i visited USA in 2015, claimed assylum in canada 2017, met my husband again in 2018.

Definitely not straightforward. After your sponsorship was denied you essentially moved to the US since you were there for almost 2 years. Were you in the US legally for 2 years? In the brief period between sponsorship being denied and your relationship breaking down and you going to the US you suddenly started dating women. Have you not had your hearing yet if you applied in 2017? Did your husband visit his child in the US? Why did you never get divorced? There are a lot of holes in your story. Having another child does not guarantee your status in Canada.

 

[canuck78]

I am saying that your story has a lot of red flags in it. Were you in the US legally for your entire stay? You could have applied for asylum in the US. The period of time you are referring to in your asylum claim is very short amount of time. You are saying that your partner had outed you after a brief relationship between when you were denied sponsorship and your eventual marriage breakdown and you leaving for the US. Unless you have a lot of proof that would be considered a very large coincidence and a red flag for an asylum case. You never got divorced. Hopefully your case will be heard soon. I assume your lawyer is aware that you were married to a Canadian when you initially applied for asylum. Hopefully you have kept Him/her updated about your sit unti on in Canada and you have both talked about your case and options.

 

[katesiner809]

I am saying that your story has a lot of red flags in it. Were you in the US legally for your entire stay? You could have applied for asylum in the US. The period of time you are referring to in your asylum claim is very short amount of time. You are saying that your partner had outed you after a brief relationship between when you were denied sponsorship and your eventual marriage breakdown and you leaving for the US. Unless you have a lot of proof that would be considered a very large coincidence and a red flag for an asylum case. You never got divorced. Hopefully your case will be heard soon. I assume your lawyer is aware that you were married to a Canadian when you initially applied for asylum. Hopefully you have kept Him/her updated about your sit unti on in Canada and you have both talked about your case and options.

unfortunately that's the story of my life. i dont know whether we should go ahead with the sponsorship or wait for the hearing date. confused soul