Spousal sponsorship

[darookie]

computergreek,

first off thank you very much for the help. I wanted a divorce very badly as me and my current partner wanted to start a family. my ex wife is threatening me for child support and alimony and she's telling me that she's going to tell immigration that I only married her because of her citizenship which is very impossible as we've been married for 10 years. and she was my gf since she was 14 yrs old. Im not in a good financial situation right now and I cant afford to hire a lawyer and pay her alimony plus I dont want to give her the custody of my daughter because all she wants to do is go clubbing everynight. its very hard to deal with her. she wants me back but I dont want my life to be miserable again. NEVER.

i have a question again. how can we start to declare that we're in common law.. should I call CIC or CRA to change my status?? I really dont know anything about this.. Im completely clueless I hope you wont get tired answering me back.

THANK YOU VERY MUCH

 

[Leon]

Can my wife sponsor me even if he got no permanent position in her job? she works as a casual employee in two different institution... do u think it would be an issue on her approval as sponsor?

She can sponsor you. There is no specific income requirement to sponsor a spouse. Once you are in Canada, you will work too, right? There should be no problem.

 

[Leon]

When did you obtain permanent residency? There is this new five-year bar for sponsorship (and I'm fuzzy on the details, but I believe it applies to all new sponsorship applications.)

Yes, you can find it here in the FAQ: http://www.cic.gc.ca/english/information/faq/immigrate/sponsor/index.asp#spouses

If my sponsor and I separate shortly after I get to Canada, can I sponsor a new partner right away?

No. As of March 2, 2012, if you entered Canada as a sponsored spouse or partner, you cannot sponsor a new spouse or partner for a period of five years from the day you were granted permanent residence. However, you can sponsor other members of the family class, if you meet the requirements.

And here is the operational bulletin: http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob386.asp :

The amendment, which came into force on March 2, 2012 upon registration, bars a previously-sponsored spouse or partner, from sponsoring a new spouse or partner within five years of becoming a PR even if the sponsor acquired citizenship during that period.

 

[darookie]

I obtained my PR when i landed in canada year 2001 i got my citizenship 2008.

 

[can_bramp]

Hey Guys,

I submitted my app to sponsor my wife from Pakistan and got the approval for sponsorship. However I noticed on the CHC website that they misspelled my wife's last name, so I called the call centre. Call centre guy told me that they will take whatever name is on the passport.

So I check her passport and both her and my last names are misspelled on it. My last name is Chatha, however on my wife's Pakistani passport they spelled my wife's last name as Chattha and my last name as Chattha as well (the extra 't').

Should I be concerned about it and ask my wife to get a new passport with corrections, or should I just wait for the Islamabad embassy?
On the nikahnama, the last names are spelled Chatha.

Note that the application has been sent to CHC Islamabad.

I will appreciate any suggestions/help in this regards.

Thanks...

 

[Mrslwsn]

I originally posted this in the inland 2012 thread but havent got much response so I will try here...for anyone one that can answer, thanks in advance:

Hey guys, hopefully someone can give me good advice. I am posting this on behalf of a good friend of mine who will be sponsoring her husband inland hopefully this year, but because I am so familiar with this site, I am helping her get info.
Here is the details. Met July/2009, married July/2010. She is Canadian born with Jamaican/Trinidadian parents, the spouse is Jamaican. He came to Canada in 2005 on farm program and ran off so he is here without status. She has 6 yr old twins from previous relationship, he has 4 children in Jamaica from 2 previous relationships. She has a decent job. He works for cash with some of his family members.

My question is, what info can I give her to help guide her. I think she is facing a few challenges. For one all the medicals for his children have to be done. Plus they had a splash wedding that left them in real financial debt, and one more thing, she sponsored a previous husband to Canada (from Jamaica ouland) and divorced him like 2 months prior to her wedding. That sponsorship undertaking is now finished but I am wondering if CIC will look at that as an obstacle. Also he did fingerprinting but has not submitted them yet. I know the police clearance takes a while and cannot be done more than 3 months before app is submitted, but is that the same for the rcmp check. I am assuming he will have to submit police clearance from Jamaica & Canada correct?

 

[will0wtr33]

hi there everyone =D
i was doing some research when i happened upon this extremely helpful forum, and immediately decided to join. I've been looking for somewhere to get some first hand information on spousal sponsorship, and this seems to be the perfect place to go! i guess if anyone is going to be able to help me out, ill have to shell out some information about myself.
my name is alex, and im a 20 year old citizen of the united states.
my girlfriend is a 20 year old canadian citizen.
we've been in a relationship for about two and a half years, and have decided that its time to start taking the steps toward being together permanently.
the only problem with that, is that we aren't exactly sure how. for the past few months we've been discussing her getting an american fiance visa and coming here so we could get married, but i would also like to explore the possibility of moving to canada to be with her.
from what ive read so far, the three categories i could apply for would be
A. spousal
B. common law
C. conjugal partners
with the third option being the hardest to prove, i would like to the avoid conjugal partner category.
the problem with common law, for me, is that you have to live together for 12 consecutive months.
if i were to do that i wouldnt be able to look for work while i stayed, and that just seems out of the question to me. i wouldnt be able to just leave my job for a year and expect to have something to return to. also, correct me if im wrong, but in order to get a visitor visa extended i have to prove that ill have a job or a home/family to return to when my visa is up..and if i were to quit my job to live there for a year, that wouldnt be the case.
her and i have agreed that we would very much like to be married, but once again aren't sure on the laws regarding that.
my understanding (which is likely incorrect) is that if i go to canada and produce my identification and birth certificate that her and i can legally be married. obviously after that i would have to leave at some point, but then i could apply (outland) for a spousal visa and she could then sponsor me.
im just asking for some information on the steps we need to take from here.
i need a good shove in the right direction, and some good information.
thank you all for your time =D
-alex

 

[Leon]

My question is, what info can I give her to help guide her. I think she is facing a few challenges. For one all the medicals for his children have to be done. Plus they had a splash wedding that left them in real financial debt, and one more thing, she sponsored a previous husband to Canada (from Jamaica ouland) and divorced him like 2 months prior to her wedding. That sponsorship undertaking is now finished but I am wondering if CIC will look at that as an obstacle. Also he did fingerprinting but has not submitted them yet. I know the police clearance takes a while and cannot be done more than 3 months before app is submitted, but is that the same for the rcmp check. I am assuming he will have to submit police clearance from Jamaica & Canada correct?

They must have the medicals for his children done before applying or otherwise get proof that the mother(s) of the children have full custody and are refusing medicals which would mean that he could never sponsor his children to Canada.

If her 3 year sponsorship undertaking was finished, I suppose it will not be a big obstacle for them. Divorces are kind of common these days.

He needs to get a police clearance from all countries he's stayed in for more than 6 months since he was 18 but he does not need to get one from Canada because immigration can get that themselves.

 

[Leon]

the problem with common law, for me, is that you have to live together for 12 consecutive months.
if i were to do that i wouldnt be able to look for work while i stayed, and that just seems out of the question to me. i wouldnt be able to just leave my job for a year and expect to have something to return to. also, correct me if im wrong, but in order to get a visitor visa extended i have to prove that ill have a job or a home/family to return to when my visa is up..and if i were to quit my job to live there for a year, that wouldnt be the case.

her and i have agreed that we would very much like to be married, but once again aren't sure on the laws regarding that. my understanding (which is likely incorrect) is that if i go to canada and produce my identification and birth certificate that her and i can legally be married. obviously after that i would have to leave at some point, but then i could apply (outland) for a spousal visa and she could then sponsor me.

You are right that conjugal is harder to prove and they specifically say that conjugal is not for you if you could have lived together but chose not to because you did not want to leave your job. An alternative would be that she comes to the US and stays with you without working. A lot of people actually sacrifice working in order to qualify for common law but of course you could just get married.

If you get married, you do not actually have to leave although if you want to continue working without a break, then you should go back to the US and continue your work. She would have to sponsor you which through the US takes around 6 months.

 

[will0wtr33]

ahhh leon! thankyou so much. what a quick reply!
so if i were to marry her in canada and return to the US, would i be able to visit her while the visa is pending?
of course i expect i would have to provide proof that i plan on returning to the US after my visit, until my spousal visa gets approved
like...a return ticket and a signed letter from my boss providing the date that i will be expected to return to my job?
to be honest, thats the route i feel the best about.
i would prefer to come to canada, instead of making her uproot her life.
also, the requirements and process for getting a US fiance visa seem much more intense and frightening.
im just a little nervous and scared. its a little overwhelming, when all i want is to be with the girl that im in love with
=]

 

[Phlcan]

Hi Leon,
This is still about the case that I asked you recently.
If the initial application that was passed to cic has the marital status as married? What should we do because we would like to change it in common-law as you said?
Thanks.

 

[Leon]

ahhh leon! thankyou so much. what a quick reply!
so if i were to marry her in canada and return to the US, would i be able to visit her while the visa is pending?
of course i expect i would have to provide proof that i plan on returning to the US after my visit, until my spousal visa gets approved
like...a return ticket and a signed letter from my boss providing the date that i will be expected to return to my job?

Yes, it should not be a problem to visit, especially if you have a letter from your boss.

 

[Leon]

Hi Leon,
This is still about the case that I asked you recently.
If the initial application that was passed to cic has the marital status as married? What should we do because we would like to change it in common-law as you said?
Thanks.

So they already applied as married even though one of them is already married from before and not divorce or annulled? In my opinion, it would be best to be honest. Write a letter to the visa office and state that you made a mistake and now you believe from what you have been told that your marriage may not be legal in which case you want to change your status to common law partners and give evidence of living together. Then include whatever evidence you have.

 

[Phlcan]

So they already applied as married even though one of them is already married from before and not divorce or annulled? In my opinion, it would be best to be honest. Write a letter to the visa office and state that you made a mistake and now you believe from what you have been told that your marriage may not be legal in which case you want to change your status to common law partners and give evidence of living together. Then include whatever evidence you have.

Yes, they already applied.
Thanks for replying quickly.

 

[gagan88]

Hi...
i need urgent help
my visa got rejected only beacuse since my husband got the approval he was staying with me in UAE.
and they have sent him the notice of appeal letter.
i want to know how much time will it take now for the appeal and hearing and also can he apeal when he is in UAE...please help !!!Urgent !