Moving to Canada, Pending Asylee in USA marrying a Canadian citizen

[Innocentm1]

I want to ask on possibilities to be able to join my fiance soon to be wife.

My fiance and I are planning to get married soon , however I am currently seeking asylum with a pending case , (no interview yet, just pending) we have been dating for the last 6 year and we have been engaged a year ago, she visited me and we did our traditional wedding here.

Question:

1. How is it easy for me to join her in Canada? or is it is for a pending asylee in the USA join his wife in CA?
2. Can she sponsor me as a spouse ? How long does this process take?
2. what will be the process and what are some of the consequences for me here in the USA?

 

[k.h.p.]

1. Do you have a passport with which you can travel? Canada won't let you in without a passport. Your status as a pending asylum seeker will cause CBSA to be very concerned about your admission to Canada. The Safe Third Country agreement requires Canada to make you make your claim in the US.

2. If she is a citizen or PR in Canada, yes, she can sponsor you. It will take 1+ years, heavy on the + in your case.

3. You apply, and then you wait. I have no idea of the consequences for you in the USA as you are in a complicated situation.

 

[Innocentm1]

1. Do you have a passport with which you can travel? Canada won't let you in without a passport. Your status as a pending asylum seeker will cause CBSA to be very concerned about your admission to Canada. The Safe Third Country agreement requires Canada to make you make your claim in the US.

2. If she is a citizen or PR in Canada, yes, she can sponsor you. It will take 1+ years, heavy on the + in your case.

3. You apply, and then you wait. I have no idea of the consequences for you in the USA as you are in a complicated situation.

Thanks,

for 1, I wont be making any claim at the border of asylum, I will just be coming to live with my wife and abandon my case in USA.(IF the spouse sponsorship works)

2. I do have my home country passport still active and can use it

yes she is a citizen.

 

[k.h.p.]

Does your home country passport require a visa to get to Canada?

Did you not have to surrender it to the US CBP when you claimed asylum?

 

[Innocentm1]

Does your home country passport require a visa to get to Canada?

Did you not have to surrender it to the US CBP when you claimed asylum?

No you keep your passport, I came legally in the USA and claimed asylum here legally. so I do have my passport with me. yes my passport needs a visa to enter Canada, I was reading that if my spouse sponsor me and if successful they can give me a temporary entry status.

I know of a person who went in CA via spousal sponsorship without having his home country passport because he was an asylum seeker

 

[k.h.p.]

There's a difference between going to Canada *now* or going to Canada in 1+ years.

If you need a visa to come to Canada, you cannot come to Canada now, even if you are married to a Canadian. You would need to be sponsored by your spouse from outside Canada, and wait until you were given PR.

You could try to apply for a visitor visa, but as someone who has claimed asylum in the US, you can expect it to be rejected until your asylum claim is resolved.

Once you get your PR, you could come to Canada. You would need to have a passport, whether or not you were an asylum seeker, to enter the country.

 

[Innocentm1]

There's a difference between going to Canada *now* or going to Canada in 1+ years.

If you need a visa to come to Canada, you cannot come to Canada now, even if you are married to a Canadian. You would need to be sponsored by your spouse from outside Canada, and wait until you were given PR.

You could try to apply for a visitor visa, but as someone who has claimed asylum in the US, you can expect it to be rejected until your asylum claim is resolved.

Once you get your PR, you could come to Canada. You would need to have a passport, whether or not you were an asylum seeker, to enter the country.

Thanks alot for your quick response.

No we are not planning to start the process now, maybe in half a year after our wedding.

I just wanted to be sure if it can be possible for her to apply for the spousal sponsorship while I am in the US and the possibility of getting the PR through the spousal sponsorship my case is still pending.

 

[k.h.p.]

It is theoretically possible, yes.

 

[Innocentm1]

It is theoretically possible, yes.

Can you recommend me any lawyer or few lawyers I can get in touch with in Canada who I can talk to and walk with me in these steps when start

 

[k.h.p.]

This forum is hosted by a law firm.

 

[canuck78]

The steps for spousal sponsorship are the same as anyone else. The biggest issues is potentially needing an interview. Interviews are usually held in home countries. Would expect the process to take over 1 year. Would make sure you are documenting each visit things like pictures.