Sponsor Spouse-Didn't metion earlier and didn't apply for son

mayankdave

Registered Users (C)
Hi! There:

I have a typical case.

* I applied for canadian immigration in India in Sept 1997
* Got F1 for US in Nov 1997
* Got married on Dec 13, 1997
* Came to US on Dec 31, 1997
* Transfered file for PR from New Delhi,India to US.
* Got PR approval in Los Angeles while I was on F1.
* Landed Canada in July 2000.
* Came back to US in few days from Canada and started working on H1 in California.
* My wife came here on H4 in Jan 2002.
* Applied for her PR in July 2002 from Canada.
* I never mentioned to Canadian authorities abt my marriage anytime earlier until I applied for her PR in July 2002.
* Informed CIC abt my wife's pregnancy and son's birth by mail.
* They advised me to apply for my son's PR also.
* I informed them that as he is US citizen by birth; he doesn't have problem to come/visit Canada and will apply for him afterward.
* They asked for copy of my PR card.

Now:
Here is their last letter to my wife about her application for PR in brief:

(1) Altough your spouse was required to inform the visa office of his change of marital status or family, he failed to do so. He didn't disclose a material fact during the interview or at the Port of Entry at the time landing also. Therefore, it would appear that your spouse landed in Canada where he knowingly misrepresented his marital status.

(2) You metioned abt ur son as: "he doesn't need a visa to visit/stay in Canada. As we didn't wish to delay my(i.e. my wife's) application, we have not included our son. We plan to apply separately for him in the future." I have determined said statement as contradictory.

(3) CIC asked for my tax returns, utility bills and bank statements form Canada.

I sent single income tax return of 2001 from Canada Revenue: with 7600 Canadian $ income. I also sent copies of my tax returns I filed for 2000 and 2002.
Bank history for 2003: She says I had nominal balance
Rental agreement dated Dec 9,2002 in Markham, ONT and certified by notary public in New Jersey.

I couldn't send utility bills and sent rental agreement saying that I am living as a paying guest in a house and so doesn't have utility bills.

* Her response after all these documents is: I have carefully reviewed all of the material before me and have determined that your sponsor has not demonstrated that he has resided in Canada. As such, he is not eligible to sponsor your application for permanent residence.

She has given us 60 days to allay her very serious concerns. She says she may refuse your application if we fail to allay her concerns.

I know we have many issues over here. But what is the best response to these concerns.

I don't have my new H1 approval yet and so can't go and pick up my PR card. I can definitely my SIN Card. Any idea what else I can write and should send?

Thanks.

Mayank
 
In short


you misrepresented when you landed in canada about your marital status .

You are not eligible to sponsor your wife/child as you do not stay in canada or have not stayed in canada . You can only sponsor if you live in canada .

You could either accept this and continue your life in US or consult an Immgration attorney in canada . I doubt he can do much .
 
Top