Sponsoring spouse - humanitarian/compassionate?

[Consonance]

Hello everyone...
I hope to sponsor my (soon to be) wife, who is from the US. She has never lived on her own, and unfortunately is escaping abusive and controlling parents. She is currently "in limbo", without a home address other than that of the abusive parents, without a job (and not reasonably able to take one at this time due to PTSD and anxiety), and without the kind of friends who would be able to provide a place to live. Relatives (grandparents, aunts & uncles) would all just ship her straight back to the parents.

I can afford to support both of us - but only if we're both staying at my place in Canada. (That is, I must keep my job in Canada, and I don't have the income to rent two apartments at once.)

Is this the type of situation where applying on compassionate grounds is likely to succeed? If not, what other options should we explore?

And a potentially important note: Last month, we naively tried to enter Canada together, her as a visitor, with all her possessions in the back of my car. She was refused entry at that time - we were in a hurry and didn't know any better.

Thanks for reading.

 

[Ponga]

Hello everyone...
I hope to sponsor my (soon to be) wife, who is from the US. She has never lived on her own, and unfortunately is escaping abusive and controlling parents. She is currently "in limbo", without a home address other than that of the abusive parents, without a job (and not reasonably able to take one at this time due to PTSD and anxiety), and without the kind of friends who would be able to provide a place to live. Relatives (grandparents, aunts & uncles) would all just ship her straight back to the parents.

I can afford to support both of us - but only if we're both staying at my place in Canada. (That is, I must keep my job in Canada, and I don't have the income to rent two apartments at once.)

Is this the type of situation where applying on compassionate grounds is likely to succeed? If not, what other options should we explore?

And a potentially important note: Last month, we naively tried to enter Canada together, her as a visitor, with all her possessions in the back of my car. She was refused entry at that time - we were in a hurry and didn't know any better.

Thanks for reading.

The honest answer is...no.

Her recent encounter at the border only adds to your problem, unfortunately. The CBSA (Canada Border Services Agency) now has her in their `system' and you can be assured that they will not just wave her through the next time she tries to visit you in Canada.

As soon as you are married, submit an OUTLAND PR application for her. American applications are being processed extremely quickly right now, but ONLY if it is an Outland application. It's possible now for an American (with a straightforward application) to be approved in less than 6 months....however, her recent refusal will likely be a bit of an issue. How big, is unknown. Worse case would be that [they, along with CIC] might suspect a marriage of convenience, since she was already trying to move to Canada before legally allowed to do so.

You'll find many helpful people and answers around here. Just absorb all that you find and figure out what works best for you both.

Good luck!

 

[truesmile]

And in case the OP is looking for a second opinion . . .

No the conditions you describe are nowhere near severe enough to be grounds for H&C.

 

[susana]

Ponga is right, and in order to apply for a sponsorhip application under H&C considerations you need to be in Canada and your spouse/partner be inadmissible by medical or any other reason.
Follow Ponga's advice...same given for other members in the forum when you asked about your situation last week.

 

[rhcohen2014]

if she was not issued an exclusion order at the border, she wouldn't necessarily have a problem with her pr application. being refused entry does not automatically cause issues with a pr application. if she was issued an exclusion order, and not allowed to enter canada for 1 year, then she would not be approved for pr until she applies for an authorization to return to canada or waits for the exclusion order to end. generally, us/canadian marriages are not seen as a marriage of convenience, so even though there is family issues for the applicant, it doesn't necessarily mean they will be suspected as one because they got married after being denied entry. if the relationship is true and ongoing, and can be proved, it will probably be seen as straight forward.

i am from the us, have an exclusion order on my immigration record, and am red flagged in the cbsa system. i always have to go into secondary and answer questions/prove my ties to the us and pr application. my app was approved with no issue.

 

[Consonance]

Thank you all for the information so far.

- Forget H & C - got it.

- Outland application from US is the way to go at this time - got it.

I don't think there was an exclusion order, just a refusal along with a little page of information highlighting why entry was refused. I'll make sure before proceeding though.

 

[keesio]

- Outland application from US is the way to go at this time - got it.

Yup. Get married and then sponsor her. US citizens are getting processed at lightning speeds these days. Ponga mentioned 6 months but recent batch of applicants have gotten all done in as little as 3 months! while your soon-to-be wife may not get it as quick, they story is that it is fast. If you submit a strong application and they don't hold that rejection at the border against her, the timelines looks good right now.

 

[ydj_dil]

I may be wrong, but I think it is better to downplay her personal problems in the PR application altogether, and put more focus on your relationship and its genuineness. Escaping from personal problems may make it seem like marriage of convenience, even if the applicant is from a low-risk country like USA.