Best way for me to get back to my son?

[esoteryk]

Hi,

I'll try to keep this short and sweet.

I'm American and my wife is a permanent resident in Canada of 12 years, originally from Japan. I met my wife in early 2007 and we dated long distance for some time. I eventually came to Canada to visit her in Aug of 2008 and luckily came across someone who was willing to sponsor me to to work in Canada for 2 years as a cook even though I had no work experience in that field. I took the the job so we could be together. After a year and a half on the job I returned to the US because of a death of my nephew and my mother needed was ill and needed help. I returned to New York for six months to help with that with plans of coming back to Canada to to get married when it was all done.

We got married Dec 2010 and found out 1 month later that we were having a baby. We applied for my permanent residency March of 2011. My intention was to become a dual citizen but raise my son in Canada. A few weeks ago my wife, in a fit of anger, thought it would be dramatic to cancel my PR app after a year and a half of waiting. She thought she could reinstate it afterwards with no problem, I knew better. Now I'm screwed because I have to leave Canada when my visitor visa expires, which is 3 months from now.

My question is what do I do now? Much of the info I look up is confusing or does not apply to this situation. Is it even possible that re-applying would go through or will CIC look at the previous cancelled app as red flag and toss our file? If I don't go this route what other viable options do I have? I cannot get the work permit again through my old boss because he works at a different restaurant now that will not sponsor anyone.

I just want some way to be able to see my sone daily and not a few times a year because I live in a different country. And advice would be appreciated.

Thank you.

 

[computergeek]

What your wife did is actually a very serious matter, as it can be interpreted as a form of kidnapping.

First, I would strongly suggest consulting with an attorney at this point. Perhaps there is some way to ask for reconsideration of the withdrawal request. If you are not comfortable proceeding on this basis (given that she just terminated her sponsorship) you may be able to file a Humanitarian and Compassionate application based upon the best interests of your son. However, if you can find ANY other way to remain, I would investigate it further because H&C applications take a very long time to process (3-4 years).

I'm assuming you don't qualify for a NAFTA work permit (professional qualifications in a large number of fields) and that your work permit was not for a NOC 0, A or B category (otherwise your prior work experience would likely make you eligible for the Canadian Experience Class).

As for submitting a new application, it is possible that CIC will scrutinize a new application more carefully after a withdrawal. But they won't automatically refuse a new application.

I assume you filed for an inland sponsorship? Because if you had filed for an outland sponsorship, you would already have your PR and this issue wouldn't have occurred in the first place. So one thing I will suggest: if you re-file, do so with an OUTLAND application. That way you'll have sponsor approval in around 2 months. Further, you will have already been examined so - except for the potential questions about her previous sponsorship withdrawal - your actual processing should be fairly straight-forward.

Then you can request an extension of your visitor status, showing evidence that you have filed a PR application. It would likely be best if you had the sponsor approval letter before applying, but it isn't required.

One thing you haven't addressed: how is the relationship with your wife?

 

[esoteryk]

Thanks Computergeek for the response. You've already given me a lot to consider.

Actually, we did file outland because we thought it would be faster overall. I had some money saved up to survive on as well as the assistance of family members to hold us until the PR went through. I have no idea why it took this long even though it was outland.

Our relationship at this point is very strained. Most of the problems were related to money and the fact that I could no longer provide financially due to my not having a permit yet and my savings were depleted. She has been on maternity leave for the past year also so the income was very limited. She has a history of reacting poorly to stress and frustration, often acting out and worrying about the consequences later. We had already been waiting for 18 months and had received correspondence from CIC stating that everything was in order and it was just a matter of getting interview date.

At this point I feel I cannot trust her and I honestly don't know if I want to be married to her because even before his birth she threatened to take him to Japan at least twice. It makes me wonder if she had planned this whole thing. I do know that I want to be in my sons life and what she did pretty much makes that very hard to do right now. I'll do whatever it takes to stay in his life.

I looked at the list of qualifying occupations for the Nafta Visa, I have worked graphic designer years ago and that was on the list. Something to consider. Much of what you mentioned I was completely unaware of so I have some research to do. I will see about a lawyer as well.