Immigration as spousal sponser

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Subject: Immigration as spousal sponser
  Here´s my situation. I am recently married to a Canadian citizen, I am from the US. We have been in a relationship for over 2 yrs and just married for over a month. We were married in Canada and I have been living in Canada the entire 2 yrs. I have not been able to work until I become legally able. It took longer than expected for her divorce to go through b4 we could get married. So we were technically common law until it was offical. We checked with an Immigration Lawyer who wanted to charge approx. 7k for the process and said that my status was in question and that I needed to return to the US and renter b4 I could apply for permanent residence. This would cause hardship for myself, my son, and my new wife and would not guarentee we would be able to renter Canada. It is my understanding from what I have read on a CIC site that I am not in any danger of being exported back to the US due to a special law. So aside from wasting 250 dollars for poor advice from the last atty that obviously did not know about this provision in the law what is the first step to do.I have no medical,no way to work legally and need to know the first step in the process to become legally able to do these things. I know this will be a long process and needs to be addressed. Thanks for any and all help
Good resource (in reply to: Immigration as spousal sponser) is a good site to find more info.
John Smith
(in reply to: Immigration as spousal sponser)
Even though one is still legally married if your in a Common Law relationship you could of been approved more then a year ago.

There are plenty of people stuck in limbo because one can not get a divorce like people from Phillipines or a nasty divorce that is dragging on for an extended period of time over property issues.

The regulations allow spousal sponsorships when the applicant or sponsor is still in a legal relationship but living common law.

When seeking advice from anyone in this business you should seek references. You would never have a company build a deck or addition on your house without seeking references or seeing work already completed.

Sorry to tell you this.


(in reply to: Immigration as spousal sponser)
Before I get pounced on see the OP2 manual section 5.38 page 27 I think.


Roy and John (in reply to: Immigration as spousal sponser)
Hi Roy, Hi John. I am a little confused. The section you referred me to 5.38 refer´s to a situation that no longer exists or I missed something. She was legally divorced b4 our current marriage. And hindsight is 20/20. There are many things I could or should have completed b4 I came to Canada. I was never issued a visitor´s visa when I entered Canada, so there is really no record of date of entry other than friends and relatives testimony. We were going to apply for a common law sponsorship but given the fact that my legal status at the time had expired we had decided to wait untill her divorce was final so we could get married, then do the paper work. Now granted the marriage itself doesn´t make my status legal, we need to have paper work at least started to insure that I can remain here during the process of immigration.( according to what she has read there is a special law or circumstance that would allow me to stay due to creating an undue hardship if I was deported back to the US ) My question is which forms do we need to fill out ? We want to do this from inside Canada as opposed to outside. There are many different ways and or forms and I am looking for the best possible solution while being able to remain in Canada. I have read so many different things that I must be just confusing myself, it´s overwhelming at times. I wish it was clear cut in do this, then this, then this.The question is which is first.... LOL Thanks again.
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