Immigration took Fiances Passport

[probablyjake]

I'll try to keep this simple.

My Fiance (31 American), arrived here March 29 2013, I was pregnant by April 14th. Beginning of August he applied for an extension. January I was 9 months VERY pregnant with my first at 33 years so we had a few scares, false alarms etc... Baby was born on January 17th. During the craziness of that last month of pregnancy we missed a letter requesting an interview, the letter came sometime in January and the interview was for the 28th but we didn't realize that he'd been given an interview until he got an email telling him he's been denied and to go home (an email was never sent for the meeting). That letter didn't give a date for him to leave and we received that first week of February.
I spoke to a lawyer who suggested we get married and then apply for PR and a renewal of status. I arranged for us to get married this Sunday but yesterday Immigration officers turned up at our house and took his passport and said he will be asked to appear at a meeting where he will most likely be arrested and deported.
We didn't know we were doing anything wrong. Aside from missing the meeting, we thought we had done everything right!
He has NOT worked since he has been here.
Neither of us have a criminal record, or even a speeding ticket.

Questions:
Why us?
What kind of meeting is this? An inadmissibility meeting?
How likely is it that he may be able to stay?
How much is this going to cost?
At this point is there a benefit to getting married or should we save our money for legal fees?

I've called another lawyer and we have a consultation arranged but in the meantime I thought I would put my situation out there for anyone and everyone to comment.. At least I feel like I am doing something.
I'm beside myself with grief, I need him here because I don't drive due to poor eye sight and my house is WAY out of town. I am a home owner who has never been on assistance but I am unemployed at the current time, which is another reason why I need him here, so he can look after the little one while I go work...

Advice? Help?

Please and Thank you!

 

[Regina]

GET A LAWYER! Your situation is too serious to rely on forum!

 

[Ponga]

I agree with Regina: A good immigration lawyer with EXPERIENCE in removals (Stay of Removal) is a good idea.

There are at least two other members here that are/were in similar situations. Send a PM message to violetblue and JHwife2011 and see if they can help.

You're lucky that the CBSA officers that came to your home did not detain your fiance. The fact that they took his passport is standard operating procedure I believe. It is POSSIBLE, that he will be arrested and removed, BUT...some people have been able to post a bond and remain in Canada pending the outcome of their spousal sponsorship application. This would require him to check-in with a local CBSA office, in person, once a month.

Now, add to this the burden of putting together your Inland Spousal sponsorship application...and quick! This, in and of itself, is not easy (but very doable) and will likely take you at least a few weeks to gather everything that you will need. The cost for this will be $1040 total ($490 of which can be paid later), plus the medical examination and the police check(s) ( can also be deferred for a few months) from any country where he has lived, for 6 months or more, since age 18. The FBI PCC (for his US record) is ~$32 and would take 6-10 weeks to receive.

So, is it possible for you to get your application in the mail before his CBSA meeting? Maybe, maybe not. If you do prepare the Inland application and he IS removed, the application dies on the vine and you would need to start over with an Outland application.

Best case scenario-
He is allowed to post bond and remain in Canada while your application is being processed

Not so good scenario-
He is removed from Canada and given a 1 year ban to re-enter Canada, and you apply via an Outland application.

The part that is difficult to understand, without judging you or your fiance, is how/why a letter that was sent was not put into an `important stuff' pile, somewhere. Even posted to the refrigerator!

Having said that, it's hard to imagine why any correspondence from CIC or CBSA for matters such as this are simply sent regular mail/ What happens if the recipient never even gets the letter, because it was never delivered to the correct address? This is not the same as getting it and ignoring it, but still...?

The most important thing to remember is that...this too shall pass...and you will get through this...together!

 

[Regina]

Having said that, it's hard to imagine why any correspondence from CIC or CBSA for matters such as this are simply sent regular mail/ What happens if the recipient never even gets the letter, because it was never delivered to the correct address?

Because it is Canada and there are not troubles to get mail sent by regular "snail' mail. Chances that it could be lost in transition are 0.0001%. If did not get something in 99.999% is your fault.

 

[Ponga]

Because it is Canada and there are not troubles to get mail sent by regular "snail' mail. Chances that it could be lost in transition are 0.0001%. If did not get something in 99.999% is your fault.

Sorry. I was comparing Canada Post with the US Postal Service. My mistake. ;D