Can i sponsor my wife while I have an appeal case?

[zormas]

Hi Guys,

Looking for someone who was or knows someone in the same/similar situation like mine.

So,I have an appeal case pending with IAD (Immigration Appeal Division) since I did not meet the Residency obligation .....and Im ok with that.I have full confidence Ill be alright.

The PROBLEM is that I was told that my hearing date could be in 2 years before any decision is made!!!!! (IAD ,my lawyer and another lawyer told me that).Now my wife is in India and I am obviously not going to wait for 2 or 3 years before I could bring my wife to Canada...specially cuz we just got married..

So my question to you is ....Can i sponsor my wife in this situation?? I tried for her Visit Visa which was rejected by the Canadian Emabassy in Delhi..not because of my situation but because of other reasons (like wifes employement situation, family ties ,length of stay).

I am legal PR and will be a legal PR till any decision is made ...so...

1)Can i sponsor my wife in this situation
2) if the answer is NO ,then is there a way I can ask IAD to expedite my hearing date??
3)Can she come as a student?


Please share your experience .It would really suck to go back if my wife cannot come here since I have a great job here and im pretty well settled now.

Sam

 

[zormas]

no reply ???

 

[scylla]

I sincerely doubt you will be approved as a sponsor given that your own PR status is in question right now. I'd recommend you check with an immigration consultant/lawyer before you go to the trouble and cost of filling out an application only to have it refused.

 

[frenchie57]

Hi Guys,

Looking for someone who was or knows someone in the same/similar situation like mine.

So,I have an appeal case pending with IAD (Immigration Appeal Division) since I did not meet the Residency obligation .....and Im ok with that.I have full confidence Ill be alright.

The PROBLEM is that I was told that my hearing date could be in 2 years before any decision is made!!!!! (IAD ,my lawyer and another lawyer told me that).Now my wife is in India and I am obviously not going to wait for 2 or 3 years before I could bring my wife to Canada...specially cuz we just got married..

So my question to you is ....Can i sponsor my wife in this situation?? I tried for her Visit Visa which was rejected by the Canadian Emabassy in Delhi..not because of my situation but because of other reasons (like wifes employement situation, family ties ,length of stay).

I am legal PR and will be a legal PR till any decision is made ...so...

1)Can i sponsor my wife in this situation
2) if the answer is NO ,then is there a way I can ask IAD to expedite my hearing date??
3)Can she come as a student?


Please share your experience .It would really suck to go back if my wife cannot come here since I have a great job here and im pretty well settled now.

Sam

I truly don't think you can sponsor your wife in this case. The only way might be for her to apply on her own (student visa is probably the "easiest" way to go)

 

[zormas]

Thank you for your replies .

I am looking into it right now..but I honestly have not seen written anywhere..that one cannot sponsor his/her spouse if there is an appeal case pending.If you have come across it please do send me the link.

Do you guys know anyone from this forum who went through a similar situation like mine? I dont mind the student visa route but I feel the odds r quite low .

I did hire a consultant and unfortunately hes not too bright ...im looking for a better lawyer now.

I have no problem with all this process..except for the processing time...which is just ridiculous..i mean 2-3 years just for the hearing?!

Sam

 

[frenchie57]

Thank you for your replies .

I am looking into it right now..but I honestly have not seen written anywhere..that one cannot sponsor his/her spouse if there is an appeal case pending.If you have come across it please do send me the link.

Do you guys know anyone from this forum who went through a similar situation like mine? I dont mind the student visa route but I feel the odds r quite low .

I did hire a consultant and unfortunately hes not too bright ...im looking for a better lawyer now.

I have no problem with all this process..except for the processing time...which is just ridiculous..i mean 2-3 years just for the hearing?!

Sam

It doesn't say that you can't sponsor while you're appealing. However, it says that you have to be a citizen or a permanent resident in order to sponsor. If you are appealing, I believe you aren't.