Sponsor Wife without Status in US

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Subject: Sponsor Wife without Status in US
  Hello All,

My wife and I were going on our honeymoon trip down to United States, when the American Customs officials determined that my wife who was a Permanent Resident in United States was no longer residing in United States. Well, they made her sign the I-407, which resulted in her surrendering her Permanent Resident Card to the American Authorities. When we tried to return from Honeymoon, she was refused entry into Canada by the American Airlines on grounds that she has a Pakistani Passport, and no Canadian Visa. She only has a B2 Visa given to her by Americans for period of 6 months. Now she is stuck at her parent´s place in United States, without any status except that Visa set to expire mid-next year.

I am a Canadian Citizen, and in good position to sponsor her. Our marriage is only a few months old, and she had been living with me in Canada since our marriage until we decided to go to honeymoon last week. I had been waiting for her paperwork to be sent by her family to me to do her sponsorship application, before this incident happened. Her family was very insistent that she not lose her American Permanent Residence, which is an invalid demand, since she still has a lot of time to go for her US Citizenship application. I had asked for necessary paperwork 3 months before our marriage, but her family had declined saying that they wish to apply for her American citizenship in August, just before the marriage, except they never applied for it.

What are my options for bringing my wife back to Canada? Is it possible for her to apply for a Temporary Resident Visa from United States, while she is still on B2 (Temporary Visa) there? I want to file her Sponsorship application here, otherwise there is a risk she might be deported from United States to her home country.

Thanking you in anticipation,

Sean.

[18-10-2009,10:40]
[**.237.190.182]
Sean
(in reply to: Sponsor Wife without Status in US)
Sean

It is very unlikely the Canadian would allow a Temporary V Visa to your wife given the history in your post and also because she has a husband in Canada (you). So the Immigration officer would suspect her intention to visit Canada and if she would ever leave.

Her American citizenship is an inter-family matter. This has nothing to do with Canada immigration.
Has she been legally in US for one year? if yes then you can sponsor her (outland sponsorship) while she is waiting there in USA. If not you can sponsor her from pakistan. Outland sponsorship is faster. You have to provide all proofs of your genuine marriage to her.

God luck

[18-10-2009,11:10]
[***.161.84.78]
Anonymous
Her Permanent Residence in US Jeopardized (in reply to: Sponsor Wife without Status in US)
Well, her permanent residence had been jeopardized in US by her filling I-407, very accidentally. She misunderstood the American officials at the Toronto Airport. So, she has been in US for pass 4 years legally (Permanent Resident), but she cannot stay here legally pass the mid-next year, unless she somehow renews her B-2 (Tourist) Visa in United States.

What are my options here? Do I still apply for an Outland sponsorship in United States? What if she loses status while she is in United States? Do I label her as a "temporary resident in United States" on my Outland Sponsorship application, or do I need to label her as something else?

[18-10-2009,11:24]
[**.237.190.182]
Sean
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