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Vietnamese wife

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Petee View Drop Down
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    Posted: 16 Aug 2011 at 10:28pm
My son went to a friend's wedding in December of 2010 spent 2 months dating his friend's sister-in-law. He went back and married her in May and spent 2 more months in Vietnam. They had the wedding and the honeymoon. They applied for the marriage license before the wedding but were refused because she isn't fluent in English. He is now back in Canada and is not sure what the best way to proceed to get the marrige license so he can apply to sponsor and bring her to Canada.
He's 40 and she's 30. The Vietnamese authorities said they both have to go back for another interview in 3 months. And they will decide if they give them the license then ??? Money he doesn't have at this time.
 
Is there a way around having to go back ?
 
 Could they not give the marriage license to his wife saying he has to work in Canada and can't be there ?
 
Any advice on the best way to proceed. Is it worth hireing an immigratio lawyer here...and how much could this cost. Immigration said it could take about a year to bring her to Canada....Can a lawyer speed up the process ?
Advice would be greatly appreciated...thank you
Petee
 
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RobsLuv View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote RobsLuv Quote  Post ReplyReply Direct Link To This Post Posted: 16 Aug 2011 at 11:11pm
First, your post is a bit confusing - don't really understand what you're saying because you said he went back in May and married her but then you're talking about trouble getting a marriage licence, so that kind of doesn't make sense.  So I can't tell whether your son is actually married to this woman or not.  How to get them a marriage licence in Vietnam is beyond the scope of this forum.  Regardless, the hard truth is that Vietnam is a non-visa-exempt country - meaning that in order for her to come to Canada on a Temporary Resident Visa (TRV) she has to prove she intends to return home again and, considering the relationship, she'll be hard-pressed to do that.  In addition, applying for a TRV to come to Canada to get legallyl married is going to be an automatic refusal.  Bottom line: once they are legally married in her country, he can apply to Immigration Canada to sponsor her for permanent status in Canada.  The process is not that complicated; the bad news is that processing through the Singapore office can take up to 21 months to get to finalization. 

It's really difficult to advise someone on how to manage to get into Canada on a TRV - the applicant has to prove that they actually intend to return home.  If your son's wife can manage to do that, she might get a TRV, come here and get legally married here and then apply for spousal PR via the inland process (staying in Canada during processing) and it will be alot faster than Singapore.  The key is to make a reasonable bid to get into Canada in the first place and it absolutely cannot be about your son and their relationship or she will be refused.  And, no, a lawyer cannot speed up the process . . . it is what it is and while lawyers can sometimes help guide applicants through complications in their situations, there is absolutely nothing they can do to help with a "normal" spousal sponsorship . . . particularly regarding timelines for finalization.


Edited by RobsLuv - 16 Aug 2011 at 11:19pm
3/2007-applied
1/2008-Refused
12/2008-ADR failed
1/2010-Appeal allowed
4/2010-In Process(Again)
5/2010-request FBI/meds
8/2010-FBI recd
11/30/10-APPROVED!
1/31/11-LANDED!
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Petee View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Petee Quote  Post ReplyReply Direct Link To This Post Posted: 17 Aug 2011 at 8:25am
Thank you so much for shedding some light on our situation. I should have explained that my son went through the wedding ceremony, pictures and all without the marriage license...I'm not sure exactly why he did it that way, but it seems that it was on the advice of his wife as all the wedding plans were already done. They exchanged the wedding rings but there was no one there to officiate...So a few weeks later( just before he returned to Canada) they had the interview with the Vietnamese officials to get their marriage license and they were refused and told that his wife was not able to speak enough english to communicate with her canadian husband ?????? so they said come back in 3 months for another interview. He can speaks some Vietnamese and has bought an electronic translating dictionary...but I guess it did not impress the officials ???
The whole situation is quite confusing for me. How can a marriage go ahead without a JP or priest ????
As you mentioned in your message,my new daughter-in-law says that she will not be allowed to leave because she cannot prove she would return as she does not own any land or a house. So it seems that their best option would be for him to go back to Vietnam and hope they give them their marriage license and then wait the 21 months ???
It seems the Vietnamese government want to make sure the marriage is a genuine one ..I guess... and they pospone giving out marriage licenses to non Vietnamese partners.
Thanks again for your quick response, it's very much appreciated. Just beeing able to talk about it here is helpful.
Petee
 
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nirma1230 View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote nirma1230 Quote  Post ReplyReply Direct Link To This Post Posted: 19 Aug 2011 at 7:15am
need to meet with emabassy i think you will gety you full information in embassy,
marriage
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Petee View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Petee Quote  Post ReplyReply Direct Link To This Post Posted: 27 Aug 2011 at 8:46am
Embassy did not give any advice, only the 2 options.... to apply as a sponsor or to bring her to Canada on a visitor visa.
 Option # 2 will not work as Vietnam will not allow her to leave....and they won't give marriage license !!! The big question now is what to answer on the application for sponsorship. My son feels he is married now but the Vietnamese authorities denied them a marriage license. So he probably has to answer (NO) to the question are you married...or can he say (YES) but waiting for wedding license from Vietnamese authorities ???? or must he return for interview and wait for Vietnamese goverment to decide to finally give them their marrige license? If anyone here has gone through the process I would appreciate some input. thank you !
Petee
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Petee Quote  Post ReplyReply Direct Link To This Post Posted: 04 Sep 2011 at 8:51pm
RobsLuv...I've read your post several times and after speaking with my son recently I may have misunderstood the way immigration visitor visa works. I was under the impression that it was the Vietnamese government that would block his wife from leaving her country but the way I understand it now it's Canada that wants to make sure she will return to her country after her visa expires...??? wow... I'm sure learning alot about immigation and it's complexities...
the long wait for many people...
 
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garlic View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote garlic Quote  Post ReplyReply Direct Link To This Post Posted: 05 Sep 2011 at 9:37pm

Reading with interest your questions and the knowledgeable answers from those offering help. Having been through a similar situation several years ago, my advice i'm sure will not be received well. In order to get that marriage license, i am 99% sure your son will have to make that return trip. I married in Vietnam, but had my wife do a majority of the leg work before my arrival. I made two trips before marriage, the first was to see if after three years of correspondence we were indeed compatible, the second for the marriage and honeymoon. I have since returned again for vacation with family and friends.

The interview where your son was asked how they could communicate if he could not speak Vietnamese and she could not speak English seems to be a standard question and i do understand its place in the interviewing process (i'm not going to get into what i feel the interviewer was or is looking for) But we all practice for interviews whether they be employment or otherwise, my suggestion is to do a mock up interview before the next process takes place.
If the decision is to wait until it is financially feasible and then make another trip (and i hope it is) Please ask your future spouse to do all that is necesary on her end before you get there. A simple ceremony is all that is needed for now so a legitimate marriage licence can be attained. Once this has been done, i highly recommend going to I.O.M. the International Organization for Migration, it's located in Ho Chi Minh City (sorry, i forget the address) but the website is www.iom.int. These people werre absolutely great in helping out, but i'm sure you have to be married..check them out anyway, they speak both English and Vietnamese, as well as many other langages. I do hope this helped in some way, i understand the hassle of sending for documents, waiting, sending them back, etc. I also know it is costly to travel to Vietnam. If you have no where to stay when you're there (friends, family) check out the back packer district for economical accomodation, you're future wife can set up a room for you. Get your times in order in regards to all that must be done, remember, something may come up that you did not count on and all of a sudden you're spending an extra two to three days...compensate for this, as you are aware of, things happen. Once this is done and as i shared I.O.M. took over once i returned to Canada, my wife was over within six months. Good luck, God bless.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Petee Quote  Post ReplyReply Direct Link To This Post Posted: 06 Sep 2011 at 8:54am
Thank you "garlic" for taking the time to share your experience. You certainly have provided some very valuable information. I will make sure my son reads your post if he hasn't already done so.
 
The encouraging news here is that it only took you 6 months to bring your wife to Canada. My son could be looking at 6 to 21 months. Averaging 10 to 18 months although it may seem like an eternity it is certainly reasonable. The reality is that he will very likely be returning to Vietnam in a few months or early in the new year.
 
Thank you again for your reassuring words.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote willy0275 Quote  Post ReplyReply Direct Link To This Post Posted: 13 Sep 2011 at 3:01pm
Hello Petee,

Having got married in Vietnam last year, I thought I'd share a bit of my personal experience. First of all, I think your son is a bit naive or uninformed in this matter and should really have made more research while over there to find out what to do. Better late than never, but it's important to know Vietnamese culture and laws before making such big decisions.

There are many fake weddings in Vietnam and some vietnamese girls being "sold" to foreigners. The Vietnamese government is trying to fight this. So it's totally normal that they find suspicious the fact that both bride and groom don't speak the same language and can barely communicate. That being said, 99% of Vietnamese officials are corrupt. You can do anything with money. They will bend the rules for Mr. Franklin. Once they know she is marrying a westerner... you can expect them to make trouble and push them until they "break" and offer a bribe. That's the way it is and that's all I can say.

I've lived there for 8 months last year and get the wedding certificate in my last few months there. I have two friends who did the same. It usually takes 4-5 weeks to get that paper, and both groom and bride need to be physically there. Also, there's one important thing you need to know about Vietnamese traditions. The wedding itself is completely separate than the wedding certificate. When we got the certificate, we did not have the ceremony yet... our ceremony will be in january, but we got the certificate last march. The Vietnamese governement doesn't care much if there was a traditional wedding or not, it's not a condition to get the certificate. Unless your son's bride is catholic, there's no priest in Vietnamese weddings, you need to inform yourself of their traditions.

Once you have the certificate, your son can apply for sponsorship, average time at the moment is 1.5 year officially, but many couples got their VISA after 9 months recently. The package your son sends needs to be GOOD! If the canadian government has any suspicion it's a fake wedding, they will send a team from Singapore to interview the bride, and it will add 12 months to 1.5 year to the process. Also, I heard that if the tries to come to Canada as a tourist before that she will 99% get refused, and it can harm their VISA application later.


Edited by willy0275 - 13 Sep 2011 at 3:11pm
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Petee View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Petee Quote  Post ReplyReply Direct Link To This Post Posted: 15 Sep 2011 at 8:53pm
Thank you Willy for sharing your story. Every bit of information will certainly help my son bring his wife to Canada.
 My son is 40+ and yes he was a little naive...he fell in love ...what can I say... but he's learning...I'm confident that he will bring her to Canada, no matter how long it takes.
One more question now is once he has the marriage license does he apply to sponsor her inland or outland ? I don't really understand that part?
Petee
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