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LONG story, Canadian Wife, American Husband, 2 children, no legal papers.

Trish1982

Star Member
Jun 30, 2010
65
2
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
12-02-2010
AOR Received.
03-31-2011
File Transfer...
08-09-2011 LA
I met my man in 2004 on the internet in a video game. I was in B.C and he was living in L.A. After chatting/playing for a few months, we decided we wanted to meet. I flew out to Louisiana to meet him and we fell madly in love. We remained in Louisiana for about 5 months (I entered as a visitor they didn't issue me any sort of paper, and passports weren't required to travel in North America then) In early 2005 I wanted him to meet my family, so we flew to Canada. At the border they issued him a 3 month visitors visa. He met my family, then we found out I was pregnant. He went back to the USA to prepare a home for myself and our baby. I traveled back and forth between countries during the pregnancy, had our son in December 2005 in Canada (my husband was here on a visitors visa) I pretty much lived in the USA. I am a Treaty Status Indian, with over 80% blood quantum so apparently I am able to freely travel to the United States, as I never had problems with the 30+ trips I took back and forth in a 2 year period.

Anyway, We lived in the states until 2007. In summer 2007 things got financially bad we weren't able to pay the bills and buy diapers and pay the rent on my husbands income alone. (He is a general laborer...nothing fancy) So we decided to head to Canada and stay with my parents for the summer of 2007 and figure things out. We drove to Canada, using my husbands vehicle. After arriving here, we found out we were pregnant with baby #2. It sort of changed all our plans, we couldn't afford to live in the USA with ONE baby, nevermind 2. So we decided from there we would try to live in Canada.

The problems begin. When we came to Canada, it wasn't with intention to stay. now my husbands vehicle has been here since 2007, unregistered and uninsured because we didn't claim it at customs. They issued him a 6 month visitors visa when we came in for the summer, expiring in December 2007. We applied for an extension as our baby was due in March and obviously we wanted him to be here for the delivery. So he overstayed his visa as we didn't hear anything back from the 2nd application. We had our daughter in March 2008, and when she was 7 weeks old my husband was "discovered" living in Canada without authorization so they gave him the options of 2weeks to leave the country willingly, or be deported and banned from entry to Canada for 2 years. We obviously went with the first option, so in those 2 weeks we whipped up a wedding and got married. We were Married in May 2008. My husband left, the day after our wedding. We also talked to some people before he left about working here, he made a contact who agreed to sponsor him on a work visa, but ended up falling through. There is however, a pending work visa application, filed in spring 2009. I read someone taht having a pending immigration applicatino of any sort, gives you legallity to be in the country until you hear the results from this application? The reason it is pending, it the potential employer didn't get a labour market opinion, because they said they were told they needed to advertise said job to Canadians for 6 months BEFORE offering the job to an American. The last we spoke to them, they said they were working on the advertising...so we're waiting on that, but haven't heard from them in a year we kind of took it as a theyre not interested anymore, and but can we use this "pending application" as a reason to keep my husband in Canada while we figure out what to do now?

So now, all this time neither of us was working we didn't have much money we had enough for him to buy a used van, a gym membership and a pay as you go phone when he got to the USA. He was living in said van in a safeway parking lot, keeping in touch with us through the pay as you go phone, and showering at a gym while trying to find a job. I wasn't able to work, as I had a newborn at home, and a 2 year old. Anyway, husband finally found a job as a salesclerk at a hobbystore, and it paid enough to keep up his pay as you go, food, and gym membership but we weren't saving any money, and no money was coming home. In August 2008, we were SICK of being apart. He wanted to try coming back on a visitors visa...and so he tried (with my parents airmiles) and they let him in. His initial visitors visa expired in December 2008, and we applied for an extension which we got and expired in July 2009.

A month before we got the extension, I was offered a management position at a local grocery store, so I took it. It was the first chance we had to come up with money to pay for not only our immigration, but to pay off family debts, and buy our small children some things. It was perfect, with my husband unable to work he could care for the children while I worked.

Anyway, long story short he is still in Canada, his visa expired...almost a year ago to the day. I lost my management job 2 months ago and recently picked up a new better paying job with less hours but the same pay in the end.

I don't know where to start.

I'm TERRIFIED To raise any flags. Hubby sent out his FBI background check app last week...guess medical is next?

Someone please, direct and inform me about ANYTHING.


More facts:

I am 28, he is 31.
Our children have his name, and are 2 and 4 now.
I work part-time casual and have just changed employers from full-time, so will i no longer qualify to sponsor him? Is there a length of time I need to be with the same employer?
Last year our son got h1n1 and pneumonia and was sent to another province children hospital, he was hospitalized for a month, and needed daily treatments at our local hospital for another month...during this time I had to seek government help (financial aid) for rent/bills because we couldn't afford it with me not working. . . will this affect anything?

Can I sponsor him if he is here illegally?
 

Trish1982

Star Member
Jun 30, 2010
65
2
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
12-02-2010
AOR Received.
03-31-2011
File Transfer...
08-09-2011 LA
Also, forgot to note: My husband has NO family connections and only a few friends that are not close at all.

If he is forced to leave Canada, he will be homeless.
 

steaky

VIP Member
Nov 11, 2008
14,368
1,647
Job Offer........
Pre-Assessed..
You will get your answers after reading this older post.

http://www.canadavisa.com/canada-immigration-discussion-board/-t36523.0.html