"Right now, we're without a country."

Windsorite Mark Sarty is desperate to bring his Ukrainian wife home to Canada, but instead, they're waiting out the spousal sponsorship process in Mexico, in what he says feels like "limbo."

Sarty met his wife Marina while on a trip to Ukraine, and they married in the summer of 2017.

With support from a Windsor immigration consultant, they submitted their paperwork for spousal sponsorship in October 2018, and were planning on waiting out the typically year-long process in her home country — but things didn't work out as planned.

Sarty explained that tensions between Ukraine and Russia were escalating at the time, and with the implementation of martial law in Ukraine for the regions bordering Russia, he felt that it was time to go.

"I decided that this was not a safe place for my wife and I to be anymore," Sarty said, explaining that they were worried about getting caught in a war.

"We decided to buy plane tickets and leave…. So basically we left everything there. Our car, our belongings, everything else. Just brought whatever we could bring in suitcases."

Waiting in Mexico

He said he'd hoped to get a visitor visa for Marina so that they could wait out the spousal sponsorship approval in Canada, but because visitor visas rely on the applicant's ability to prove that they intend to leave the country once the visa expires, they were denied.

Windsorite Mark Sarty describes his struggle to bring his Ukrainian wife to Canada. 0:48

So unable to return as a couple to his home in Canada, and no longer feeling safe in her home in Ukraine, Sarty and his wife moved to Puerto Penasco, Mexico in December.

It was a place for which they were both able to acquire 6-month visitor visas with their respective citizenships. Sarty explained that even though Mexico also has its dangers, it was the couple's best alternative to Ukraine.

Now, Sarty said, he hopes to see the sponsorship process expedited so he can finally bring his wife home to Windsor.

"We understand that there's a process to go through, but I also understand as a Canadian that we need to deal with unique situations and unique circumstances in different ways and not have the unfortunate situation where a Canadian citizen has to bring his Ukrainian wife and live in Mexico because it's the only place that was going to give a six-month visa right away."

A 'complex set of circumstances'

Eddie Kadri, a Windsor immigration lawyer says this is a sad situation for the couple, but fast-tracking a process like this is unlikely.

Immigration lawyer Eddie Kadri says he's sympathetic to the couple's situation, but explains that the IRCC has a lot to consider when approving spousal sponsorship, and that fast-tracking an application is uncommon. (Katerina Georgieva/CBC)

"You can't help but be sympathetic to their situation, but it's a very complex set of circumstances," said Kadri, who is not working on Sarty's file, but he has helped many clients on spousal applications.

He explained that Immigration, Refugees and Citizenship Canada (IRCC) has to deal with a lot of public policy when processing applications like these, and it always takes a long time to process. There are background checks, security checks, and police clearances that need to be done, plus the authenticity of the marriage also has to be proven.

Marriage fraud and marriages of convenience are a "big problem" in Canada, Kadri explained, and for every spousal application, the government has to determine that the relationship is a genuine one.

"Unfortunately in today's day and age with Canada being such a desirable country, it's very prevalent this issue. People slip through the cracks, and so that's why these applications take so long."

As for whether or not cases can be expedited on a case-by-case basis, Kadri says it's almost impossible, and that he's never seen it happen in his practice.

He said that in his experience, fast-tracking an application would require the Minister's involvement, and would usually be a broad scope policy change for all people from a certain region where there are threats to safety, security, or war.

'We want our home'

"I feel for this individual, I really do," Kadri said.

"And if he were my client I would fight for him to the extent that was possible, but you have to be realistic in this situation."

Mark Sarty and his wife Marina Sarty say they're frustrated by the experience of not being able to wait out their spousal sponsorship application in Canada. (Submitted by Mark Sarty)

He said that the couple's best course of action would be to ensure that their application is entirely in order, that documents have been presented, their situation has been clearly explained, and that way the process can proceed as swiftly as possible.

A spokesperson for Immigration, Refugees and Citizenship Canada said in an email the department is "committed to processing most spousal applications in 12 months or less." However, "complex cases may require more time."

Sarty said he's not sure what they will do if their six-month visas in Mexico run out before the sponsorship is approved, explaining he doesn't want to have to move around from country to country.

"We want our home. I want to bring my wife home to Canada," he said.

"I'm just hoping that my country can come through for me."