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Need general advice - wedding location, IO issues

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scylla View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote scylla Quote  Post ReplyReply Direct Link To This Post Posted: 29 Nov 2009 at 11:03pm
My husband came up almost a month before the wedding (church + full reception with 70 attending). Although his border crossings had always been problem free, I didn't want to chance a late entry in case there were problems. Turns out I worried for nothing. But I did worry!

I do think the Nexus pass helps a great deal (hbwpg - unfortunately I don't think this is an option for your guy at this point). My husband is also semi retired and an international IT consultant when not in retired mode. So he's never had problems explaining why he able to take extended trips to Canada. Also, he travels so extensively (between coming here, work in international locations and the travel we do together) that frequent trips here don't stand out at all in his passport.

My only worry about the PR application relates to one of the police clearances he has to obtain (he lived in this country for about a year but it was 20 years ago). This country went through a fair amount of unrest (war) a few years after he left and we're pretty sure any records from that period no longer exist (i.e. were likely destroyed). Hopefully whatever they can provide will suffice - even if it's a "we have no idea who you are" statement.

hbwpg - what about getting married in Vegas asap and then submitting the PR application immediately? If everything goes well, he could have PR by the time of your planned wedding here. Of course once again there's no guarantee...
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 30 Nov 2009 at 6:48am
What relationship is "genuine?" You are not qualified common-law yet nor married yet, so you have a genuine fiance? But that relationship, unfortunately, is not one that qualifies for PR sponsorship. So he needed to show he had an independent source of support. Your vouching for his support is of little weight until you are actually in a qualifying relationship.

Not having a job in the states does hurt in this scenario, quite a bit.

On the other hand, while there are no guarantees, particularly not someone who has been flagged (and odds are high he is now flagged, though how that affects a different examining CBSA officer at a POE down the road may vary greatly), the odds are very high that an American accompanied by a sponsoring spouse will indeed be allowed entry into Canada to wait out the PR app process. So the plan to do a civil marriage in Vegas, return to Canada, and have at least the app fees paid so you can show the receipt at the POE (to show commitment to sponsoring him properly) even if you have not actually submitted the paperwork yet (yes you can pay fees in advance), with you doing the talking since you are the sponsor, will greatly improve (though not guarantee) his odds of being allowed into Canada.
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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hbwpg View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote hbwpg Quote  Post ReplyReply Direct Link To This Post Posted: 30 Nov 2009 at 8:36am
Well I think worry comes with the territory, scylla!

I'm happy everything worked out for you.

No, A Nexus card isn't really the best option for him. The only reason he was denied an extension previously was his lack of 'real' employment in Vegas and the fact that he does freelance video work, which is understandable.

As far as getting married, that is our only real issue - here or there. We're more than likely doing it there, now, and applying right afterwards. If we can do it soon enough we may still be able to hold the June 5th date as planned and everything will go smoothly. If not, well, we'll deal with it when it comes.

As you say, there's certainly no guarantee, but it seems to be the least stressful option.

Thankfully we haven't done more than just book the venue, a resort in the White Shell, and a few odds and ends.

I hope everything works out for your husband - how is that going?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote hbwpg Quote  Post ReplyReply Direct Link To This Post Posted: 30 Nov 2009 at 8:44am
dpenabill, my question was relating to whether it's best to marry immediately in the States or continue with our planned wedding date of June 5th and apply after that point.

I was concerned that a wedding in the States, with few of my friends and family, and few of his friends and family, because we are intending to have another wedding here, would look off to officials, but it seems that as long as the relationship is genuine there's not much to worry about.

Yes, his not having a job in the states aside from his freelance work is an issue. Unfortunately he's not alone there. 21,000 people left his area last month alone to find work elsewhere in the country. That means little to IOs but it is what it is.

That said, he's highly educated and trilingual with a specific skillset that would be beneficial to Canadian culture, apparently.

I really appreciate your input - the issue of where we marry is what is concerning us most right now. There's never a guarantee of his being allowed entry, though I agree entering with him is the best way to approach it.

And I understand that he can apply outland while he is in Canada, correct?

Thanks for your help.


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scylla View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote scylla Quote  Post ReplyReply Direct Link To This Post Posted: 30 Nov 2009 at 10:20am
Yes - he can apply outland while he is in Canada. Outland is preferable because the process is faster than inland and because you retain the right to appeal. Keep in mind that if he is called for an interview, it will take place in the US.

We will be applying outland (my husband will be spending most of his time in Canada on visitor status by the time we apply). Once we actually submit the application - I'll make sure I track our time lines on this board.
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Mrs.Sam View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mrs.Sam Quote  Post ReplyReply Direct Link To This Post Posted: 30 Nov 2009 at 10:31am
So then what happens when they approve the PRV? Question
Does he have to go back to the Outland office to have the Passport processed? Question
 
I'm wondering because I have a friend who's husband is arriving on a 6 month TRV tomorrow.
 
 
Originally posted by scylla scylla wrote:

Yes - he can apply outland while he is in Canada. Outland is preferable because the process is faster than inland and because you retain the right to appeal. Keep in mind that if he is called for an interview, it will take place in the US.

We will be applying outland (my husband will be spending most of his time in Canada on visitor status by the time we apply). Once we actually submit the application - I'll make sure I track our time lines on this board.
"Knowledge is Power" Sir Francis Bacon 1597
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mitamata View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote mitamata Quote  Post ReplyReply Direct Link To This Post Posted: 30 Nov 2009 at 1:36pm
The visa is put in the passport at the visa office processing the app. But that doesn't mean you have to go there in person. You can mail the passport to them and most have no trouble sending it back to you even if you're in another country (some visa offices like New Delhi for example don't do this though, one should check first). Of course, that would leave you in a foreign country with no passport, which would make me nervous. But a lot of people do it with no problems.

Originally posted by Mrs.Sam Mrs.Sam wrote:

So then what happens when they approve the PRV? Question

Does he have to go back to the Outland office to have the Passport processed? Question

 

I'm wondering because I have a friend who's husband is arriving on a 6 month TRV tomorrow.

 

 

Originally posted by scylla scylla wrote:

Yes - he can apply outland while he is in Canada. Outland is preferable because the process is faster than inland and because you retain the right to appeal. Keep in mind that if he is called for an interview, it will take place in the US. We will be applying outland (my husband will be spending most of his time in Canada on visitor status by the time we apply). Once we actually submit the application - I'll make sure I track our time lines on this board.
Outland - spousal - Vienna - 2009
Feb 16th - app received at CPC-M
Mar 3rd - decision made at CPC-M
Mar 27th - received AOR
Apr 29th - PPR received via email
May 12th - Passport with visa received :)
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dpenabill View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote dpenabill Quote  Post ReplyReply Direct Link To This Post Posted: 01 Dec 2009 at 2:23am
hpwpg:

Yes, outland can be done by Americans while they are physically staying in Canada (I did it this way -- app submitted late April 08, visa issued Aug 08, and I was in Canada the whole time). And, frankly, because the outland is so clearly the better and preferred way for Americans sponsored by their Canadian partner, it appears that those who file inland apps tend to be treated skeptically, thus referred to a local office for processing and subjected to greater scrutiny, ending up taking a lot longer of a time.

My point was, indeed, that given the lack of demonstrable ties in the U.S. in contrast to known ties to Canada (now, a partner and intent to settle in Canada), that getting married in Nevada would indeed enable you to accompany him on return to Canada resulting in a much better prospect of being allowed entry, though it would be best to have at least paid the fees for the PR app and have a copy of the receipt to demonstrate an intent to actually sponsor him and to comply with immigration law. You can still have the ceremonial wedding in the summer. For most American-Canadian couples there is virtually little or no negative implications from having a small civil marriage (might be different if the couple's background, culture, religion strongly suggested such a civil union would be very unlikely, but I doubt that applies here). Since you have spent a considerable amount of time together physically, just documenting some of that should overcome the "genuineness" issue easily.

Prospects of a required interview are very remote in these circumstances. I would not let the prospect of an interview affect which course of action you take at all. (This is, of course, specific to an American-Canadian couple who have spent substantial time together physically.)


Edited by dpenabill - 01 Dec 2009 at 2:24am
Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.



BTW: Not an expert, not a Can. lawyer, never worked in immigration
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GildaNewBrunswick View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote GildaNewBrunswick Quote  Post ReplyReply Direct Link To This Post Posted: 24 Feb 2010 at 9:51am
hbwpg
 
I would presume they would treat your husband in the same manner that the rest of the married people on this forum are treated when their spouses want to travel here to see us.  Because it is the US should not make a difference.
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