Sponsorship application + charge for domestic assault + separation + reconcilati

[jnhmiln]

Hi everyone. Me and my wife are extremely frustrated and worried about the inland sponsorship application currently in progress.

We met each other online in spring 2012, and a few weeks after we saw for the first time in Canada (my wife was visiting relatives in Canada). We were dating and in two months we already found that my wife is pregnant. She was planning to stay in Canada juts for 5 months as a tourist and then leave Canada. This was her second trip to Canada and at that time (still now), she was waiting for decision under Provincial skilled worker program. We did not plan and expect that our relationships will develop this fast. Of course we felt in love, we spoke about our future and were making plans, but neither I nor my wife (girlfriend at that time) were thinking of having a child this quick. My wife was visiting relatives and had no permanent immigration status in Canada, so she was supposed to leave Canada soon. We did not have much time to learn good enough each other before getting married and as a result our relationship went nuts. We have started arguing and misunderstanding each other. One day after her verbal abuse I slapped my wife on face, my wife's sister called the police in the end I was charged for domestic assault and restrained from my family. Since my wife is taking care of our baby, not working and staying in Canada as a person under sponsorship, she had no money. She had no choice and applied for spousal and child support. We could not agree on this matter face-to-face because of the restraining order. She was also under the influence of her relatives. Separation process was started.

My family lawyer has suggested to advise immigration authorities about what was happening with my relationships and drafted a letter which was sent to CIC Ottawa and CIC Vegreville by fax. The letter was saying that I was charged, we are separated and I am afraid that my wife is trying to take advantage of me. All this was driven by emotions, frustration and hopelessness that one day everything will be OK. I did not and was not even thinking to withdraw the sponsorship application.

Now, the separation process has been cancelled (my wife withdrawed the application at the court), we live together. I still have charges, but was not convicted. There is a possibility that I will be charged, but since the accident has happened in Quebec, there is a change that I will get an absolute discharge.

A few days ago we have applied for extension of her status as a visitor. Also, at the end of November 2013 we have got a letter from CIC that her file has been sent to local office in Ottawa. It happened 4 day after the accident between us happened.

We also sent a letter to CIC Ottawa explaining what was going on with us and what stage our relationships are currently in and the reason what I sent a letter previously.

If someone can advice us of the consequences, what possibly can happen and may be give us some advice, we both would greatly appreciate it.

Thank you all in advance.

 

[Alurra71]

Speak to a lawyer that is well versed in your kind of situation.

You have too many things going on all at once.

The tip of the iceberg is the impending 'assault' charge on you against your wife. That charge alone can cause you to be found ineligible to sponsor your wife. I don't even know what to tell you about the the letters and such that you sent.

Good luck, it sounds like you might need it.

 

[keesio]

Also, you better make sure that you want to continue the sponsorship. Domestic assault is no small matter. It happened, regardless if whether the charges were dropped or not. You and your wife have to rethink your relationship. It is extremely complicated because a child is involved. But sponsorship is a very very serious commitment.

 

[SenoritaBella]

1. Never put your hands on anyone again, not even children.
2. One of the requirements of a sponsor(you in this case) is: you must not commit an offense against a family. Slapping your wife means you have broken this rule, and on that alone your sponsorship application could be cancelled, especially if you are convicted.
3. CIC will likely wait for the outcome of this charge before processing continues, so expect delays.
4. Anytime you fill out any immigration form, you will have to answer "Yes" to 'having been charged with a crime' and explain.
5. If your application proceeds, you guys will likely be interviewed. The officer would want to know more about your relationship, whether your wife is using you to gain permanent resident status, etc.
6. Ask yourself:
a) what changed to make her withdraw charges and you guys to reconcile?
b) physicial or verbal abuse is not ok - are you guys in some kind of counselling?
c) what if this repeats itself?
7. These are warning signs. I wouldn't proceed with sponsorship if abuse is happening.

FYI: just in case this ever come up or is used as a bargaining tool - she is not allowed to leave Canada with the baby unless you give written consent or she has a court order granting her full(sole) custody. If she does, it is considered child abduction.

 

[jnhmiln]

Thank you for your advice. We greatly appreciate your words.

 

[CandiBC]

Hi, just wondering what happended with the sponsorship if it was approved with assault charge with no conviction, thx

 

[taffy7]

Hi, just wondering what happended with the sponsorship if it was approved with assault charge with no conviction, thx

Don't think you will get an answer back as OP was last active on this site 22ND Feb 2014.

 

[KellyM332]

For some reason I can't start a new topic so I thought I would try here... If anyone can give some advice. I am canadian, met a man on a work visa. We were engaged, I was going to sponsor him, we had a baby then he assaulted me. He was arrested and because he lost his job also, was deported? or maybe it was an exculsion order, I'm not sure based on the domestic and over stay.
I have sole custody, no access for him to the child.
Will he ever be allowed back to Canada? I want my new husband to be able to adopt her.
Thanks so much if anyone sees this and replies.

 

[Alurra71]

For some reason I can't start a new topic so I thought I would try here... If anyone can give some advice. I am canadian, met a man on a work visa. We were engaged, I was going to sponsor him, we had a baby then he assaulted me. He was arrested and because he lost his job also, was deported? or maybe it was an exculsion order, I'm not sure based on the domestic and over stay.
I have sole custody, no access for him to the child.
Will he ever be allowed back to Canada? I want my new husband to be able to adopt her.
Thanks so much if anyone sees this and replies.

You need to have his parental rights terminated in order for your spouse to adopt her. I suppose the other option would be to have her father sign over his rights to her.

I really don't see what his ability to come back to Canada would have on whether or not your spouse can adopt her though. I suspect if he found someone willing to sponsor him he could overcome all of the things you've mentioned.