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QCgal

Newbie
Mar 31, 2014
4
0
Dear Friends,

I have been reading this forum for a while and the community here is just amazing. I really need your advice.

I am applying to sponsor my husband. I am a Canadian citizen. We have dated for two years and just got married last month. We have a common background and no difference in age\culture\religion.

Our application would be have been just a routine one if it weren't for one reason. Background declaration form is asking if the applicant has been ordered to leave Canada or any other country. Here is the story: my husband lived in the States for 12 years. He studied there and in 2006 he got married. He received a conditional permanent residency through his ex-wife. Their marriage did not work and they separated and eventually got a divorce. His ex-wife abandoned him and did not cooperate (she did not share the bills, photos etc) when the time came to remove the conditions on his residency. He had to appeal to the US Immigration judge alone and prove that he entered the marriage in good faith. The immigration judge dismissed his case saying that my husband did not meet his burden of proof. The evidence he provided was insufficient. He was not accused of fraud or anything. The judge terminated his conditional residency and ordered him to leave the US but he also granted him voluntary departure. After the appeal was finalized, my husband left the country voluntarily.

During the 12 years he lived in the States he did not have any criminal background. His FBI check is clean.

So, how are we going to explain that to CIC? Should we go into all details? I think choosing the right words is very important here because this situation will raise a flag immediately and CIC will start questioning our relationship. But we have no fear because our relationship is real and we have strong evidences to prove it. (Photos, flight tickets, vacations taking together, Skype history, chats etc)

Could you please advise how we should go with this? Was anyone in the same situation???

Thank you
 
I think you should just mention that he had conditional PR in the USA and that was removed and he left voluntarily. They will get that information anyway so you might as well explain it rather than let CIC infer a reason.

It of course will raise a flag because it will appear he really just wanted to leave his country but if your proof is strong you will overcome that flag.

Good luck.
 
Thank you Alurra71. I cannot even tell how much this question makes me nervous. I am just scared to use any wrong words that could complicate the situation :'(
 
I would just answer yes to the question and then on a separate paper attach a short explanation that says essentially what you said here. He was married and the marriage broke down. He had a conditional PR and was not granted full PR because of the marital breakdown. He was told to leave and he did so voluntarily. If he has the removal order and the voluntarily left paperwork then attach it.
 
Thank you for your kind advice. We will try to explain it briefly and add a note that they can contact us if they need any clarification or have any questions. Not sure if we can find those papers to attach…

Do you think I should seek advise from a lawyer??
 
Hello

You explained your husband's story very well here and in very comprehensive language.
Just be truthful to CIC and write his story as honest as you did here

Regards

messenger
 
Hi there - it's been a while since I opened this topic. My husband is with me now in Canada!
Here is my best advice: Always be honest! We explained my husband's former deportation from the US due to his failed marriage in details. And provided lots of evidence showing how strong our relationship is. Our file was processed within the normal timelines of the visa office. No interview was requested. We prepared the file together (No lawyer). It's been a stressful period, waiting and hoping for the best. Thankfully it went all well :)