Marriage during asylum process

[Surrey19]

Hello everyone
While waiting for the hearing for asylum I will not have my passport with me .If meanwhile My wife in US has filed an I 130 for me to come to US .

what will happen as my wife is in US and what identity documents we are going use while waiting for a decision.

thanks

 

[canuck78]

Hello everyone
While waiting for the hearing for asylum I will not have my passport with me .If meanwhile My wife in US has filed an I 130 for me to come to US .

what will happen as my wife is in US and what identity documents we are going use while waiting for a decision.

thanks

The fact that your wife is sponsoring you will likely be an issue against your asylum claim once you eventually claim asylum. You are on the path to legal stays in the US so don’t need Canada’s protection.

 

[Surrey19]

The fact that your wife is sponsoring you will likely be an issue against your asylum claim once you eventually claim asylum. You are on the path to legal stays in the US so don’t need Canada’s protection.

The sponsoring takes 14 month and it is not guaranteed that the issue

 

[scylla]

Hello everyone
While waiting for the hearing for asylum I will not have my passport with me .If meanwhile My wife in US has filed an I 130 for me to come to US .

what will happen as my wife is in US and what identity documents we are going use while waiting for a decision.

thanks

You need to post this question to a U.S. immigration forum.

 

[Surrey19]

You need to post this question to a U.S. immigration forum.

Canot I get my passport as exception or what identity documents will I have until the hearing

 

[scylla]

Canot I get my passport as exception or what identity documents will I have until the hearing

Canada will only return your passport if you withdraw your refugee claim and leave Canada. In that case your passport will be returned to you as you are leaving Canada or once you have arrived at your destination after leaving Canada.

You won't qualiy for a Refugee Travel Document until your claim has been accepted.

I'm not sure about other identity documents. You will need to find out what the U.S will accept.

 

[Surrey19]

Oh thanks but what will I have meanwhile as identity during the process

 

[canuck78]

The sponsoring takes 14 month and it is not guaranteed that the issue

Asylum is also not guaranteed and the fact that you currently have a US spouse who is sponsoring you shows that you have an application to remain in a safe countey which is being processed as well. You also were in the US before seeking asylum in Canada. It is unclear if you claimed asylum yet. You will also need to declare your family income from your US spouse if you try to apply for welfare or legal aid.

 

[Surrey19]

Yes I know the US requirements for sponsorship but I have exception to apply to Canada asylum and the issue I canot wait in my in home country while waiting for the I 130 and sponsorship as it takes a year atleast but for thr spouse visa I need my passport that why I’m asking what I can do in that case

 

[canuck78]

Yes I know the US requirements for sponsorship but I have exception to apply to Canada asylum and the issue I canot wait in my in home country while waiting for the I 130 and sponsorship as it takes a year atleast but for thr spouse visa I need my passport that why I’m asking what I can do in that case

2
If you are in the US already you could live there without status like millions of other people in the US. The US is a country who doesn't like when people apply for immigration programs at the same time as their US claim or before gaining US citizenship. When the US finds out that you left the US after filing to be sponsored by your spouse and entered Canada to claim asylum that could have negative effects on your US immigration claim. The fact that you have a sponsorship claim in the US will alapblikely have a negative impact on your Canadian claim. This is not a typical situation so you need guidance from both a US and a Canadian immigration lawyer before you do anything. It is unclear whether you have actually crossed the border yet.

 

[lossada]

Hello everyone
While waiting for the hearing for asylum I will not have my passport with me .If meanwhile My wife in US has filed an I 130 for me to come to US .

what will happen as my wife is in US and what identity documents we are going use while waiting for a decision.

thanks

you need to withdraw your asylum application in Canada

 

[Biochemist]

File the I130 because that takes a good 12-13 months, by then you should have a decision on your case. When you get the travel document simply update your passport info when you head to the US consulate in montreal for your interview to get the spouse visa in your travel document

The approved I130 will expire 2 years after being being approved so you have 3 years to head for an interview at the US consulate to get the spouse visa sticker.

Once you get to the states and land and get your green card a week later via mail, either apply for a new passport from your country in D.C., or head back to IRCC and demand your passport and fly back to the states.