Love makes you do crazy things, please help. (merged)

[forpetessake 0]

Love makes you do crazy things. Here is a story of two stupid kids madly in love and not doing enough research… Please help and don’t make fun of us.

My husband and I met in Hawaii in February 2015, he was on vacation, from Canada (where he is a citizen) and me and my 19 month old son were living in Hawaii (we are US citizens).

We fell in love immediately, and within 3 weeks, after he had gone home, he asked me to marry him. In April he flew back to Hawaii and we got married in May. After we got married, the business I worked for had to move locations and I was going to be out of work for months, and on top of that, we were on the verge of being homeless in Hawaii because of the crazy rent situation on Kauai. So in July when my job ended, we left Hawaii, spent a month in Washington with family trying to decide where to go... We thought about settling in Washington but my son's biological father lives there and though he is not on my son’s birth cert (by his own choice and much to my thankfulness) I don’t want to live close to him for good reasons.

While in Washington, my husband broke his foot. We figured since my husband’s visitor visa was going to run out and his mother (who is badly disabled) was asking us to come visit and needed help, we decided we would go to Canada for a few months while we decided where to settle, and get him the medical attention he needed.
We had everything we own (and a ton of food from Costco along with pot and pans and all sorts of stuff a border patrol woman would find shady) in our car when we went over the border. She suspected that our hidden intent was to move into Canada, and because of this only stamped my passport for only 2 months.
After being in Canada for 1 1/2 months my husband had been offered a good job and since his mom needed help and we didn't have any other long term plans we decided to stay and apply for PR in Canada through a spousal sponsorship (we applied on the 5th of October). My visa is stamped October 12th.
We were under the impression that while we were waiting for a reply that my son and I had implied status in Canada, but didn’t find out that that was not the case (and we should have applied for a work permit) until way after my visa was up and we’re here illegally for so long that we’re sure to not be let back in, should we leave.
In March we received and email stating that our application has been received and is being processed. However, now that we know that we’ve been here with an expired visitor visa (illegally) for nearly 6 months now, we are sure our application will be denied.
My husband is trying to rectify the situation by contacting CIC but we have little, if any hope.
We went to the border because I have a friend in a similar situation who told us she talked to a border patrol officer who stamped her visa for longer simply because she’s married to a Canadian man. The officers told us that we were jeopardizing our application and made us feel like it was their job to kick us out after finding out my visa was expired. We left very disheartened.
My husband then called an immigration legal aid office and the woman there told us that our application would be denied if we didn't get a lawyer and contact CIC.

I also considered going to the border and explain this all and asking if I left and came right back in if they would stamp me, but I don’t see how that could help our application process, unless automatically having a work permit would help. At least I wouldn't have an expired visa, right? But the chances of getting a ridiculously kind and understanding border patrol officer are kind of slim, huh?

Now our attention is shifting back to the US in hopes that we can get this right and not end up having to move to a whole new country just to be together (haha, but seriously).
Can we go to the US border with the intent of applying for a green card for my husband from within the States? We are thinking about going back to Hawaii, but NEED TO KNOW HOW TO DO THIS THE RIGHT WAY, we realize we really messed up our chances for Canada and after we get a hold of CIC will probably have to withdraw our application (worse things could happen, right?) and not be able to return for a while, most likely.


Any advice would be appreciated, we know we messed up bad, please don’t be harsh.

[canadian_wife 1,831]

This is really a website for people looking to immigrate to the United States, this board is specifically for Canadians, like myself, who want to move to the U.S. I suggest you go to http://www.roadtocanada.com/forums/index.php and post this situation there.

Good luck

[Georgia16 2,858]

No he can not come with you and apply from the us. You can apply for a CR-1 visa for him. You can go back get a place and a job so you have money to sponsor him or find a co-sponsor.

He'll have to wait in Canada and do the medical and the interview there while the process is going takes about a year. He will be able to visit you while waiting.

[Penguin_ie 6,002]

**** two threads moved and a third without answers removed. Please do not post more than once on a question. ******

Op, your post is hard to read as it is long ans in a tiny font. I suggest using a normal font next time and breaking it up into paragraphs.

It would be visa fraud to use your visiting priviledges as Canadians to cross the border with the intent of staying, without the correct immigration visa. That visa, as you are married, is the CR-1 spousal visa. It takes about a year to get. You can visit the USA during that year, say to visit relatives for the holidays, check out houses and areas to live, and just for vacation. But the foreign spouse cannot live in the US or work here until they have a immigration visa.

[Transborderwife 4,666]

Something to consider; the poverty guidelines for immigration are significantly higher in Hawaii. For a family of 3, you would need an income of $34,785. Otherwise you'd need a joint sponsor.

[Lemonslice 5,331]

Your husband should contact his federal MP. CIC has been ordered to ease their processss and facilitate family reunification. If he has a good job, you three getting settled in Canada might be much easier. As far as I know, your stay now is not going to count against you.

Because you're married and have a common residence, your husband should also look into taxes and deduction here: http://www.cra-arc.gc.ca/newcomers/#tbc

Roadtocanada is the forum for your questions.

[WandY 430]

Homeless and jobless will not score points for visa. Get stable.

[IguanaCouple 26]

I would highly recommend staying in Canada. He has a job, you guys have a home in Canada. You'll be starting from scratch coming back to the States and YOU will need to start making money in the US in order to sponsor him AND you won't be able to live together for at least a year.

If you are not making money in the US, you can have someone who does sponsor him. (Siblings, friends, family anyone)

Post your query about how to get a PR card in Canada on roadtocanada but I would get a consultation with a lawyer if I could afford it as it looks like you have dig yourself into a bit of a hole.

All the best.

[forpetessake 0]

Thank you for this helpful answer.

I would highly recommend staying in Canada. He has a job, you guys have a home in Canada. You'll be starting from scratch coming back to the States and YOU will need to start making money in the US in order to sponsor him AND you won't be able to live together for at least a year.

If you are not making money in the US, you can have someone who does sponsor him. (Siblings, friends, family anyone)

Post your query about how to get a PR card in Canada on roadtocanada but I would get a consultation with a lawyer if I could afford it as it looks like you have dig yourself into a bit of a hole.

All the best.

[forpetessake 0]

Thank you, what will contacting his MP do?

Your husband should contact his federal MP. CIC has been ordered to ease their processss and facilitate family reunification. If he has a good job, you three getting settled in Canada might be much easier. As far as I know, your stay now is not going to count against you.
Because you're married and have a common residence, your husband should also look into taxes and deduction here: http://www.cra-arc.gc.ca/newcomers/#tbc

Roadtocanada is the forum for your questions.

[NikLR 13,234]

Contacting his federal MP is rather like contacting a congressman or senator. They may be able to get answers that you cant. But they may not be able to help at all.

[Lemonslice 5,331]

Thank you, what will contacting his MP do?

They can also refer you to local resources.

[Jawaree 719]

Love makes you do crazy things. Here is a story of two stupid kids madly in love and not doing enough research… Please help and don’t make fun of us.

My husband and I met in Hawaii in February 2015, he was on vacation, from Canada (where he is a citizen) and me and my 19 month old son were living in Hawaii (we are US citizens).

We fell in love immediately, and within 3 weeks, after he had gone home, he asked me to marry him. In April he flew back to Hawaii and we got married in May. After we got married, the business I worked for had to move locations and I was going to be out of work for months, and on top of that, we were on the verge of being homeless in Hawaii because of the crazy rent situation on Kauai. So in July when my job ended, we left Hawaii, spent a month in Washington with family trying to decide where to go... We thought about settling in Washington but my son's biological father lives there and though he is not on my son’s birth cert (by his own choice and much to my thankfulness) I don’t want to live close to him for good reasons.

While in Washington, my husband broke his foot. We figured since my husband’s visitor visa was going to run out and his mother (who is badly disabled) was asking us to come visit and needed help, we decided we would go to Canada for a few months while we decided where to settle, and get him the medical attention he needed.

We had everything we own (and a ton of food from Costco along with pot and pans and all sorts of stuff a border patrol woman would find shady) in our car when we went over the border. She suspected that our hidden intent was to move into Canada, and because of this only stamped my passport for only 2 months.

After being in Canada for 1 1/2 months my husband had been offered a good job and since his mom needed help and we didn't have any other long term plans we decided to stay and apply for PR in Canada through a spousal sponsorship (we applied on the 5th of October). My visa is stamped October 12th.

We were under the impression that while we were waiting for a reply that my son and I had implied status in Canada, but didn’t find out that that was not the case (and we should have applied for a work permit) until way after my visa was up and we’re here illegally for so long that we’re sure to not be let back in, should we leave.

In March we received and email stating that our application has been received and is being processed. However, now that we know that we’ve been here with an expired visitor visa (illegally) for nearly 6 months now, we are sure our application will be denied.

My husband is trying to rectify the situation by contacting CIC but we have little, if any hope.

We went to the border because I have a friend in a similar situation who told us she talked to a border patrol officer who stamped her visa for longer simply because she’s married to a Canadian man. The officers told us that we were jeopardizing our application and made us feel like it was their job to kick us out after finding out my visa was expired. We left very disheartened.

My husband then called an immigration legal aid office and the woman there told us that our application would be denied if we didn't get a lawyer and contact CIC.

Gosh

You should have applied for an extension a mth after being there since you were only given 60 days, I say don't leave Canada , he has a job, go to Canada immigration forum & garner

the info to adjust its doable, If you leave now it may be a very long time B4 you see each other because he cannot come over intending to adjust and you have no job here, be patient

and consult with Atty Cohen there the IO don't always give sound advise.....CIC agents will tell you anything so you'll leave

?

Edited April 11, 2016 by Jawaree

[NikLR 13,234]

Currently it's taking 26 months to process in-Canada spousal sponsorship. http://www.cic.gc.ca/english/information/times/index.asp That's the highest I've ever seen it. It has been as low as 6 months, but last time I looked that was 3 years ago before I moved to the USA and before the system was centralized (aka put into one spot vs local offices.)

It's worthy to note that it is legal to move to Canada with your spouse and apply in country when married to a Canadian citizen; unlike the USA.