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Marriage Certificate

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anish_s View Drop Down
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    Posted: 25 Jan 2010 at 3:33pm
Greetings!
 
I am a permanent resident since December 2007. I landed in Toronto but immediately moved to Montreal. I recently got married in Costa Rica and would now like to sponsor my spouse to move with me. My wife currently does not hold a valid passport since, she is a refugee but, she does hold a Travel document issued by the authorities in Costa Rica. The tarvel document is valid for a year and is renewable. Also, I can only obtain a Marriage Certificate from the Costa Rican registrar only in March.
 
* Is it advisable to apply for sponsorship now? and then submit the marriage certificate later once I have them or do I have to wait until I obtain the certificate.
* Do I have to do anything special since my wife will reside with me in the province of Quebec?
* In the application form, there is a section where I have to mention my monthly income for the last 5 years. Do I only fill in my employment history in Canada or do I have to mention how much I earned even before I landed in Canada?
* Any idea on the processing times? My wife is fluent in French and can easily also qualify to emigrate to Quebec even without a sponsorship.
 
Thanks very much in advance.
 
 
 
 
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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: 25 Jan 2010 at 5:13pm
Yes, there is additional paperwork that you must do to sponsor a spouse to Quebec - the info is in the application packet instruction guides.   Add another 6 weeks or so to the posted processing timelines for her overseas visa office to allow for Quebec processing.

If you don't already have everything else in place and ready to go, like her medical exam finished and her criminal clearances ordered and received, you're probably not going to be ready to submit the application until about March anyway.  If everything else is done, submit the application with whatever documentation you have that proves you got married, and submit the official marriage certificate later.  They will ask for it, so submit it when you receive that request.  What is time sensitive at this point, if all of your forms are filled out and her medical and criminal clearances are done, is the fact that the criminal clearances must not be more than three months old when you submit the application. 

Not familiar with where you have to mention your monthly income for the past five years - are you sure you have the right application forms?  You should only have to put in a figure that represents your total net income for the twelve months preceeding submission of the application - and an original Option C print out from Revenue Canada, plus a letter of employment from your employer.  There is no minimum income requirement for spousal sponsorships - so not sure where you're seeing a requirement for monthly income for the past five years.

The processing time is dependent on which overseas visa office will be processing her application.  Since she has a travel document issued by authorities in Costa Rica, I'm going to assume that she has legal status in that country - so it's probable her application would be processed through Guatemala City.  They're currently one of the slower offices - processing timelines average 8 - 21 months, plus add a month on this end for your sponsorship to be approved at CPC-Mississauga and then six weeks or so, as mentioned earlier, for Quebec processing.  Still probably faster than her seeking independent immigration.



Edited by RobsLuv - 25 Jan 2010 at 5:13pm
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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Post Options Post Options   Thanks (0) Thanks(0)   Quote anish_s Quote  Post ReplyReply Direct Link To This Post Posted: 26 Jan 2010 at 4:44pm
Thank you RobsLuv for your response and congratulations on winning the appeal Smile

I haven't yet got all the documents ready, I am just starting the process as we only got married last month. I will be applying on her behalf from within Canada, however, she is living outside Canada at this moment....Will the application be treated as Inland or Outland in this case.

You are basically saying, that once I get the police clearance and medicals, I should go ahead and apply even without the marriage certificate and there is a possibility of furnishing that at a later date. What other documents can be used to prove that I am married to my spouse in lieu of a marriage certificate in the interim.

The question regarding income for 5 years is in the form IMM5540 http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDF. Please look at section 7.

As far as medical examinations are concerned, I am told that it takes upto a month to just obtain an appointment with the doctor. When I was applying individually for Skilled worker PR, the doctor sent the medical results directly to the embassy in Guatemala. How will it work in my case? Will my wife have to send me the medical results and I attach it with the application?

With God's blessings I should be able to get all the documents that I require by the end of Feb early March and post it to the CIC office personally.

Look forward to your response and thanks in anticipation.

Regards!
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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: 28 Jan 2010 at 4:49pm
Originally posted by anish_s anish_s wrote:

Thank you RobsLuv for your response and congratulations on winning the appeal Smile

I haven't yet got all the documents ready, I am just starting the process as we only got married last month. I will be applying on her behalf from within Canada, however, she is living outside Canada at this moment....Will the application be treated as Inland or Outland in this case.
  Outland, because the applicant (your wife) is/will be outside Canada.
Originally posted by anish_s anish_s wrote:


You are basically saying, that once I get the police clearance and medicals, I should go ahead and apply even without the marriage certificate and there is a possibility of furnishing that at a later date. What other documents can be used to prove that I am married to my spouse in lieu of a marriage certificate in the interim.
Well, when a couple marries in the States or in Canada they normally get a "souvenier" type document that's sometimes called a "Record of Solemnization" or "Solemnization Certificate".  It just states the names and the date of marriage and is usually signed by the person who officiated.  The official, certified marriage licence is a document that proves the marriage has been registered with whatever authority legalizes marriages.  In Canada is the Province where the couple marries - in the States it can be the city or county of marriage.  I'm not sure what the equivalent to either document would be where you married.
Originally posted by anish_s anish_s wrote:


The question regarding income for 5 years is in the form IMM5540 http://www.cic.gc.ca/english/pdf/kits/forms/IMM5540E.PDF. Please look at section 7.
Wow, I don't even remember seeing that when we filled out our paperwork - but I'd say you should list every employer (in Canada or otherwise) over the past five years, along with an estimate of your monthly income for those jobs.  It doesn't have to be in CDN dollars for the foreign jobs - there is no minimum income requirement for sponsoring a spouse.  This is basically another situation where a "generic" form is asking for info that really isn't applicable to your type of sponsorship.  Don't leave it blank - but don't worry that you have to be terribly exact with the info there.
Originally posted by anish_s anish_s wrote:


As far as medical examinations are concerned, I am told that it takes up to a month to just obtain an appointment with the doctor. When I was applying individually for Skilled worker PR, the doctor sent the medical results directly to the embassy in Guatemala. How will it work in my case? Will my wife have to send me the medical results and I attach it with the application?
  Your wife will not be given the results - she will only get a form from the DMP that verifies that she had the exam.  The DMP sends the results to a Regional Medical Centre and when the visa office is ready to review them, they request the results from the RMC.


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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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: 29 Jan 2010 at 6:39am
Ditto what RobsLuv said.

Yes the sponsor has to provide work history for the last five years. More precise information has to be provided regarding income for the last twelve months, as well as an Option C for the most recent tax year. But as RobsLuv says, this is not to meet a minimum income threshhold. It is simply required information. Be honest. If unemployed, say so. As long as you have not been on public assistance recently the work history is no big deal.

I am not so sure about applying without having a copy and translation of the official marriage certificate to submit with the application. It is a required document. I am of the view that it is best to have all the required documentation compiled to submit in one package. That is the technical requirement although they do indeed often "request" omitted documenation from the applicants. I do not know how long it would take to obtain a formal, official certificate from Costa Rica, but my opinion (and it is just a personal opinion) would be to wait for it and submit a complete package.


Edited by dpenabill - 29 Jan 2010 at 6:40am
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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sputnikx View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote sputnikx Quote  Post ReplyReply Direct Link To This Post Posted: 04 Feb 2010 at 11:25am
hi anish

if you apply through Quebec you do not need to fill in the federal income requirement and Option C printout, since you have to fullfill the QC. requirements on income.

Make sure you check the field in question 1, on the federal form IMM1344 that you want to proceed with the application for permanent residence in case you are not found to be eligible to sponsor. If you don't mark the field, the foreign office will wait until they receive a copy of the CSQ certificate from Quebec before they start processing your file. That can easily add 1-2 month in extra processing.

If you check the field, the foreign office will already start with the paper screening process and start the security checks, so at least you do not loose time while Quebec processes the sponsorship part.


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