Urgent Response needed: Sponsorship for Wife

[The_Hunkz]

Hi All,

I have been advised to send my passport for visa issuance in regards to my Permanent Residence Application. I have couple of questions and would appreciate your help with it. I am in USA currently working on H-1B.

1) I am single and not married yet how and when can I sponsor my future wife?
2) I am planning to get married in next few months and then migrate to Canada from USA along with my spouse.

a) Can I get my visa stamped and then sponsor her once I am married and then move to Canada?
b) Can I request the consulate some more time for my visa stamping (3-4 months) till I get married and then submit her papers as well so we can move to Canada together? How much maximum time will the Canada consulate give me in this case?

Your immediate help is highly appreciated.

Regards

 

[RobsLuv]

STOP!! If you are in a relationship now that is serious enough that you plan to marry within the next couple of months, you need to declare that relationship BEFORE you "land" in Canada and your partner needs to be added to your current application to immigrate with you. If you don't declare the relationship and then you marry and apply to sponsor her, the application will likely be refused on the grounds that it was a pre-existing relationship, and she will be exempted as a member of the family class. Cases that are refused on these grounds are seldom successfully appealed. You could, potentially, be banned from ever being able to sponsor your intended to Canada.

My advice: get legally married NOW, and then notify the embassy so that they will suspend processing and give you an extension to get your new wife added to your application and then you can immigrate to Canada together - as you've mentioned in step (b). This is the safest, most expedient way to handle the situation. Again, if you go ahead and accept your PR visa, and you come to Canada and "land" as a single person, and then marry and sponsor your new wife, they will almost certainly refuse that application based on the fact that, in order to substantiate your "genuine relationship", you'll be documenting a history that exists prior to your landing and they will assume that you were living together - even if you weren't, but especially if you are - and that makes you "common-law partners" under immigration law. And that means she needs to be added as your partner to THIS application so she can immigrate with you. If you aren't living together, be sure you can prove that - but it's probably still better just to marry now, to avoid the complication, and add her to your current application before you land.

There is actually a good reason for this policy. When someone is applying to immigrate in one of the independent classes (like Skilled Worker, etc), a family member who is medically inadmissible makes them inadmissible, too. But when someone applies to sponsor a partner after they are already a PR, their partner is "excessive demand exempt" - which means a medical condition will not make them inadmissible - and, certainly, doesn't make the landed PR inadmissible. So, there can be motivation for someone who has a partner (or dependent) who has a medical condition to "hide" that person when they apply to immigrate by not declaring the relationship, with the intention of applying later to sponsor the partner, so the partner will be "excessive demand exempt". CIC effectively prevents this by being very adamant about not allowing anyone to later sponsor a partner they were involved with before immigrating.

 

[angelbrat]

STOP!! If you are in a relationship now that is serious enough that you plan to marry within the next couple of months, you need to declare that relationship BEFORE you "land" in Canada and your partner needs to be added to your current application to immigrate with you. If you don't declare the relationship and then you marry and apply to sponsor her, the application will likely be refused on the grounds that she will be exempted as a member of the family class. Cases that are refused on these grounds are seldom successfully appealed. You could, potentially, be banned from ever being able to sponsor your intended to Canada.

My advice: get legally married NOW, and then notify the embassy so that they will suspend processing and give you an extension to get your new wife added to your application and then you can immigrate to Canada together - as you've mentioned in step (b). This is the safest, most expedient way to handle the situation. Again, if you go ahead and accept your PR visa, and you come to Canada and "land" as a single person, and then marry and sponsor your new wife, they will almost certainly refuse that application based on the fact that, in order to substantiate your "genuine relationship", you'll be documenting a history that exists prior to your landing and they will assume that you were living together - even if you weren't, but especially if you are - and that makes you "common-law partners" under immigration law. And that means she needs to be added as your partner to THIS application so she can immigrate with you. If you aren't living together, be sure you can prove that - but it's probably still better just to marry now, to avoid the complication, and add her to your current application before you land.

An excellent piece of advice......nothing to add...as always robsluv has stated it perfectly.

 

[The_Hunkz]

Thank You @ RobsLuv & angelbrat