Spousal Sponsorship for a DACA recipient.

[TheHzM]

Hi everyone,

I recently got married in Florida, roughly a month back. I am a Canadian citizen with 0 criminal record. My wife is of Bangladeshi origin and she happens to be a DACA recipient. She has work and residency permits and goes to University. She has 0 criminal background.

I only recently discovered this forum but I was hoping if folks could help me in answering the following:.

1) Can I sponsor my wife while I am not working full-time? I have recently been made aware that my contract came up for the organization I worked for last month and I intend on applying for EI. We live in a joint household (I.e me and my immediate family) in a rather large place of many bedrooms so the idea was to have my wife live with us for the first few years (and BCs housing crisis sucks). Provided that her basic amenities can still be covered, am I still required to have a full-time job at the time of the application?

2) I have heard that a 10 year ban back to the US goes into effect for all DACA recipients upon entry. Information online seemed scarce and the lawyers I spoke to leading up to our marriage said nothing of the sort. A) is the 10 year ban true and b) can obtaining a citizenship be worked around for my wife so that she only need wait 3 years?

3) given that my wife has a Bangladeshi passport, would she be required to go to the Bangladeshi consulate via Bangladesh at any point during the application process?

4) Is there any other hurdles to be mindful of when applying for a spousal sponsorship for a DACA recipient?

Hope that all made sense. I am appreciative of any and all comments that can be of help, as I'm fairly new to this.

Thank you

 

[scylla]

Hi everyone,

I recently got married in Florida, roughly a month back. I am a Canadian citizen with 0 criminal record. My wife is of Bangladeshi origin and she happens to be a DACA recipient. She has work and residency permits and goes to University. She has 0 criminal background.

I only recently discovered this forum but I was hoping if folks could help me in answering the following:.

1) Can I sponsor my wife while I am not working full-time? I have recently been made aware that my contract came up for the organization I worked for last month and I intend on applying for EI. We live in a joint household (I.e me and my immediate family) in a rather large place of many bedrooms so the idea was to have my wife live with us for the first few years (and BCs housing crisis sucks). Provided that her basic amenities can still be covered, am I still required to have a full-time job at the time of the application?

2) I have heard that a 10 year ban back to the US goes into effect for all DACA recipients upon entry. Information online seemed scarce and the lawyers I spoke to leading up to our marriage said nothing of the sort. A) is the 10 year ban true and b) can obtaining a citizenship be worked around for my wife so that she only need wait 3 years?

3) given that my wife has a Bangladeshi passport, would she be required to go to the Bangladeshi consulate via Bangladesh at any point during the application process?

4) Is there any other hurdles to be mindful of when applying for a spousal sponsorship for a DACA recipient?

Hope that all made sense. I am appreciative of any and all comments that can be of help, as I'm fairly new to this.

Thank you

1. There are no income requirements to sponsor. However you cannot be on social assistance / welfare.
2. An overstay in the US of six months or more triggers a 3 year ban. An overstay of 1 year or more triggers a 10 year ban. Obtaining Canadian PR or citizenship doesn't change this. You should consult with a qualified US immigration lawyer to understand the complications, challenges and risks related to leaving US with DACA status.
3. Only if an interiew is required.
4. You want to provide very strong evidence the relationship is genuine. IRCC will likely examine your relationship more closely to ensure this isn't a marriage of convenience on your partner's part.

 

[Miraclejj]

Although I am not a DACA recipient, but I knew sort of answers to your questions:

1. You don't have to work full time or don't have to work at all to qualify sponsor your spouse, but you need to prove that you are financially sound, in order to sponsor your spouse. EI doesn't count as social welfare, so it is fine. But you don't qualify to sponsor your spouse, when you are on social welfare.

2. DACA recipient can travel outside the US, when he/she is granted to travel. I don't know how to apply the approval, so you need to consult a lawyer. Without the approval and the DACA recipient traveled outside the US, the DACA status will be lost. Obtaining a Canada Citizenship has nothing to do with US immigration laws, so there is no special treats.

3. Since your spouse is a Bangladeshi Citizen, it is entirely up to CIC to decide if they wanna process your spouse as a US person or if they would transfer your spouse application to the local embassy to process. And if the file transferred to local, and an interview is required, your spouse has to go back to attend the interview, with or without the approval of travelling outside of US. If the travelling application denied, your spouse will be facing a 10 years ban to go back to US.

4. The mindful suggestion is DON"T LIE, and answer all the questions truthfully, especially the immigration history. US and Canada do share immigration information. Also to prepare your application thoroughly, if there is something/events need more explanation, draft an explanation letter and provide details would greatly help. Your spouse DACA status won't be a hurdle for your application, the genuine of your relationship does matter. Also, you have two aspects to convince CIC: 1. the genuine of your relationship; 2. Even the marriage is bona fide, it is not solely of the purpose to immigrate to Canada.

If you do have extra funds to spare, hiring a reputed Canadian Immigration lawyer is a good spending on your case.