Missing my husband.

[Famof5]

Hello everyone,

My name is Abby and I am married with three children. I am a Canadian Citizen. I met my husband while on Vacation in Colorado. My intent was never to stay in Colorado but I did to be with him. We have been together for 16 years. We had three children a 7yr old, a 10 year old and a 13 year old. My husband is a Mexican citizen that lives illegally in the USA and with the current US administration we decided that it would be best if we tried our luck and moved our family to Canada. We want to do everything legally and thought that it would be best if I moved to Canada with our kids while my husband stayed in the USA so I can apply to sponsor him to come to Canada. My question is if any of you know how we can have him come to Canada while we wait for the application to sponsor comes thru. Should he apply for a visitor visa. Will he be denied since I'm applying to sponsor him? What about an eTa? What about crossing the border as a refugee? We are just trying to make a future for our children. We are hard workers and luckily we have never relied of welfare or government assistance. We just want our family together my children and I miss him terribly. Any advise would be appreciated. TIA

 

[scylla]

His best and only real option is to wait in the US until the Canadian PR visa has been approved and he's allowed to enter Canada as a PR. You and your children should visit him in the US while his application is being processed if you want to spend time together. As a Canadian citizen, you are also entitled to sponsor your spouse while living outside of Canada.

There is zero chance an eTA will be approved given his status in the US and the length of his overstay. I wouldn't waste your money applying. Same goes for a TRV.

Crossing as a refugee could very complicate his PR spousal application, lengthen processing significantly and even put you at risk of refusal. He's not a genuine refugee - don't mess up your PR spousal application by abusing the refugee system.

 

[Miraclejj]

Hello everyone,

My name is Abby and I am married with three children. I am a Canadian Citizen. I met my husband while on Vacation in Colorado. My intent was never to stay in Colorado but I did to be with him. We have been together for 16 years. We had three children a 7yr old, a 10 year old and a 13 year old. My husband is a Mexican citizen that lives illegally in the USA and with the current US administration we decided that it would be best if we tried our luck and moved our family to Canada. We want to do everything legally and thought that it would be best if I moved to Canada with our kids while my husband stayed in the USA so I can apply to sponsor him to come to Canada. My question is if any of you know how we can have him come to Canada while we wait for the application to sponsor comes thru. Should he apply for a visitor visa. Will he be denied since I'm applying to sponsor him? What about an eTa? What about crossing the border as a refugee? We are just trying to make a future for our children. We are hard workers and luckily we have never relied of welfare or government assistance. We just want our family together my children and I miss him terribly. Any advise would be appreciated. TIA

Agreed with Scylla. Unless your husband had whatever issues with law enforcement, your case is pretty straight forward and shouldn't have any problem to be approved. It may take up to 12 months to process, but since you are a Canadian and I bet your three children are US citizens, you have no problem whatsoever either to visit your husband or stay with your husband during the whole process time. And Colorado isn't that harsh on undocumented immigrants, not like the neighboring State of Arizona. So, just follow the regular spousal sponsorship route, you should be fine.

 

[canuck_in_uk]

Hello everyone,

My name is Abby and I am married with three children. I am a Canadian Citizen. I met my husband while on Vacation in Colorado. My intent was never to stay in Colorado but I did to be with him. We have been together for 16 years. We had three children a 7yr old, a 10 year old and a 13 year old. My husband is a Mexican citizen that lives illegally in the USA and with the current US administration we decided that it would be best if we tried our luck and moved our family to Canada. We want to do everything legally and thought that it would be best if I moved to Canada with our kids while my husband stayed in the USA so I can apply to sponsor him to come to Canada. My question is if any of you know how we can have him come to Canada while we wait for the application to sponsor comes thru. Should he apply for a visitor visa. Will he be denied since I'm applying to sponsor him? What about an eTa? What about crossing the border as a refugee? We are just trying to make a future for our children. We are hard workers and luckily we have never relied of welfare or government assistance. We just want our family together my children and I miss him terribly. Any advise would be appreciated. TIA

Hi

Agree with scylla. Note that as a Canadian, you can apply to sponsor your husband while still living in the US. You would need to show proof that you will be moving to Canada when the app is complete.

Assuming you were born in Canada, do you already have Certificates of Citizenship for your children?

 

[zardoz]

Hello everyone,

My name is Abby and I am married with three children. I am a Canadian Citizen. I met my husband while on Vacation in Colorado. My intent was never to stay in Colorado but I did to be with him. We have been together for 16 years. We had three children a 7yr old, a 10 year old and a 13 year old. My husband is a Mexican citizen that lives illegally in the USA and with the current US administration we decided that it would be best if we tried our luck and moved our family to Canada. We want to do everything legally and thought that it would be best if I moved to Canada with our kids while my husband stayed in the USA so I can apply to sponsor him to come to Canada. My question is if any of you know how we can have him come to Canada while we wait for the application to sponsor comes thru. Should he apply for a visitor visa. Will he be denied since I'm applying to sponsor him? What about an eTa? What about crossing the border as a refugee? We are just trying to make a future for our children. We are hard workers and luckily we have never relied of welfare or government assistance. We just want our family together my children and I miss him terribly. Any advise would be appreciated. TIA

How did you manage to remain in the USA legally for 16 years to be with your husband? Were/Are you, in fact, now also an overstayer as far as the USA is concerned?

 

[scylla]

How did you manage to remain in the USA legally for 16 years to be with your husband? Were/Are you, in fact, now also an overstayer as far as the USA is concerned?

That's a good question - I missed that. If OP was living in the US without authorization for all of these years, then as soon as she leave, this will trigger an automatic 10 year ban from the US and returning to the US won't be possible for a decade. Attempting to return before the 10 year ban has passed may result in detainment by US authorities.

If, on the other hand, she had valid status in the US all of this time - she is good to return.

 

[canuck_in_uk]

How did you manage to remain in the USA legally for 16 years to be with your husband? Were/Are you, in fact, now also an overstayer as far as the USA is concerned?

That's a good question - I missed that. If OP was living in the US without authorization for all of these years, then as soon as she leave, this will trigger an automatic 10 year ban from the US and returning to the US won't be possible for a decade. Attempting to return before the 10 year ban has passed may result in detainment by US authorities.

If, on the other hand, she had valid status in the US all of this time - she is good to return.

Just to point out to OP, your status in the US, whether legal or illegal, has no impact on sponsoring your spouse.

 

[Famof5]

His best and only real option is to wait in the US until the Canadian PR visa has been approved and he's allowed to enter Canada as a PR. You and your children should visit him in the US while his application is being processed if you want to spend time together. As a Canadian citizen, you are also entitled to sponsor your spouse while living outside of Canada.

There is zero chance an eTA will be approved given his status in the US and the length of his overstay. I wouldn't waste your money applying. Same goes for a TRV.

Crossing as a refugee could very complicate his PR spousal application, lengthen processing significantly and even put you at risk of refusal. He's not a genuine refugee - don't mess up your PR spousal application by abusing the refugee system.

Thank you so much for taking the time to reply to my question. I don't want to risk having our application denied so claiming refugee would be out of the question. I guess my only option is to be patient and visit him every 3 months.

 

[Famof5]

Hi

Agree with scylla. Note that as a Canadian, you can apply to sponsor your husband while still living in the US. You would need to show proof that you will be moving to Canada when the app is complete.

Assuming you were born in Canada, do you already have Certificates of Citizenship for your children?

I just mailed them today. I read that it can take up to 6 months to receive a certificate of citizen for the kids.

 

[Famof5]

How did you manage to remain in the USA legally for 16 years to be with your husband? Were/Are you, in fact, now also an overstayer as far as the USA is concerned?

Hey, sorry I should have mentioned that I was working with a work permit as a pediatric nurse.

 

[Famof5]

That's a good question - I missed that. If OP was living in the US without authorization for all of these years, then as soon as she leave, this will trigger an automatic 10 year ban from the US and returning to the US won't be possible for a decade. Attempting to return before the 10 year ban has passed may result in detainment by US authorities.

If, on the other hand, she had valid status in the US all of this time - she is good to return.

Sorry, I should have mentioned that I was living there with a work permit. I am now living in Ontario with my 3 children. My intent is not to return to the USA I want my children to be raised in Canada. I, we want to live free without fear in the greatest country in the world.

 

[Famof5]

Just to point out to OP, your status in the US, whether legal or illegal, has no impact on sponsoring your spouse.

Thank you. I just miss him. It's only been a month and I'm going crazy. I think my only option is to be patient and wait until the application goes thru.

 

[scylla]

Thank you. I just miss him. It's only been a month and I'm going crazy. I think my only option is to be patient and wait until the application goes thru.

Yes - apart from visiting him in the US, this is your only option. He's not going to be able to come to Canada until his PR application is finalized and approved.

 

[Bip31]

Thank you. I just miss him. It's only been a month and I'm going crazy. I think my only option is to be patient and wait until the application goes thru.

Hi ! I don’t actually have an advice since the others said it all but I just want to say be strong! I couldn’t imagine being separated from my husband even for a day so I feel for you. Hang in there! At least there is Skype, FaceTime etc...Good luck with everything!

 

[Famof5]

Hi ! I don’t actually have an advice since the others said it all but I just want to say be strong! I couldn’t imagine being separated from my husband even for a day so I feel for you. Hang in there! At least there is Skype, FaceTime etc...Good luck with everything!

Your reply brought me to tears. Thank you. I miss him so much. I hate to see my children crying. I went to get my drivers license switched to an Ontario license the other day and my 13 year old saw a father hugging his son who had just passed his driving test. My son was in tears because he missed his father so much. My daughter ran to a man at the Home Depot calling thinking that it was dad. I know it can be worse and we are lucky that we at least have a safe country to come to but I'm trully heart broken without him.