American on student visa, married to Canadian on disability.

[Addygator86]

I am an American here in Ca on a student visa, this is my third year here. this past year I married a Canadian whom I have dated for a year. He is on mental disability in Alberta. Because of this we have decided to stay in Canada. I only have 8 months left of preliminary schooling before I head to university. We want to file for spousal PR. How will our situation effect the process? We were wanting to start a family before I go to university. Should we wait for PR? If we don't wait how will this affect my status?

Addygator86

 

[CharlieD10]

Your spouse can be on disability and still qualify to be your sponsor. So long as he is not an undischarged bankrupt and does not receive social assistance for any reason other than his disability, he remains eligible.

You should begin compiling the various documentation you need. Read Leon's first post in the first thread on this forum for an overview of the process. Then read the Guide and the forms and begin drafting your application. The guide and forms are here: http://www.cic.gc.ca/english/information/applications/fc.asp

I usually recommend spouses do this together, it is important that you both understand the process.

You also need to send away for your FBI report. This can take from 8-12 weeks, sometimes more, for you to receive. You need to be ready to submit your application soon after it arrives, it should have been issued no more than 3 months before you submit your application. In the meantime, you can compile the other supporting documents to prove your relationship. The procedure for requesting the FBI report is here: http://www.cic.gc.ca/english/information/security/police-cert/north-america/united-states.asp

 

[Addygator86]

thank you for the information. Id like to ask a few more questions but first id like to tell a bit more about my situation. I came to Ca in '09 with a friend of mine just for a vacation. My friend is a Canadian citizen i met in Louisiana. While on vacation, her family offered to sponsor me to go to school here since i had no resources back home to do so. I agreed and was issued a student visa. I started in January '10 where I met the sister of my now Canadian husband. I met my husband through her and we officially started dating in April of '11. during these two years i lived with the family who was paying for my schooling. TJ asked me to marry him in January '12 and we set the date for April 1st, being our one year together mark. the family i was living with let me move out and in with my husband. I took the semester off for the wedding and to do some traveling in Canada. My situation has changed in that the family can no longer afford to put me through the rest of my schooling. I have no one else to help me through school. My intentions were to reapply for my visa and then start working on the SPR requirements. now it seems that i will not be able to reapply. my visa expires in October of this year. Reading the thread you sent me, I am wondering is going back and applying for the SPR outland is my better choice? or should i try for a vistors visa? I would have to reapply twice while waiting on an inland application process correct? Would TJ be able to travel with me for a while? should he apply for a visitor visa? will they stop us at the border and tells us we will never see each other again!!?? Im so worried!!

 

[Addygator86]

I also have a child in the states. His father has custody. how will this affect things?????

 

[Isometry]

You should probably apply outland, not inland. It's a whole lot faster, and you can still be in Canada on a visitor's visa while applying outland. If you apply inland and then have to move back to the US for any reason, it drops your application.

You'll need to declare your child on the application, and I believe you'll need to get a medical exam done for the child as well. If you do not do this, you won't ever be able to sponsor your child in the future.

TJ would be able to travel with you.

They will not stop you at the border and tell you that you'll never see each other again. I know it's a scary process, but you can do it

 

[Addygator86]

Thank you so much. We have a lot to think about.

Few more questions.... sorry!!!!

If I leave Ca, then apply for a visitor visa while the application is in process, and then go back to Ca, but get called back to the US for an interview, will that void my visa???

My husband qualifies for low-income housing b/c of his disability, will this count against us? We are not currently using them but the thought has come up.

 

[CharlieD10]

Questions are made to be asked.

Americans are visa-exempt, you don't get a visa to visit Canada. You are assessed at the border each time you show up there, and the officer doing the assessment determines whether you are admissible. Each time you leave and return, you are assessed anew, same as for anyone with a visa, BUT with a lower threshold. It never hurts to keep proof of your ties to the US with you at all times though, and to make it clear that you are in compliance with the rules governing students/visitors.

No, qualifying for low-income housing doesn't affect his ability to sponsor you.

As said, your child should be declared and have a medical done for the purposes of the application. You do not need to bring him with you, but getting the medical done preserves your right to sponsor him, if need be.