spousal immigration - pls advise

Canada Immigration Forum (discussion group)

Subject: spousal immigration - pls advise
  Hi ...I plan to get married to a girl who is presently in Canada on tourist visa. Which is better marrying her here and applying for spousal immigration here in canada itself OR marrying outside canada and applying spousal immigration from there? Please tell me which is faster and has better chance of early approval....THANK YOU
Strict spousal immigration rules. (in reply to: spousal immigration - pls advise)
Hi, I think if you get married here will be much faster, but in the case of spousal immigration rules some strict rules has come into existence, and you better consult with experts in immigration. Last month, due to increase in frauds Canadian Immigration Minister, Jason Kenney, has announced some changes in the law. Check out the summary of his announcement: http://matthewjeffery.com/blog/canadian-immigration/summarizing-jason-kenneys-comments-marriage-fraud/
(in reply to: spousal immigration - pls advise)

Get married where the two of you want to get married. A huge decision like that will not affect any Spousal application as long as your married under the Laws of the country where you get married.

If she is here on a tourist visa you can get married here and let her stay for a period of time. The two of you can work on your application together. I suggest applying outside of Canada - it is faster and what CIC wants you to do.

You can even apply to extend her visitor status in Canada and wake up each morning in the same bed while the processing happens. Even if they refuse a short visitor extension you will be together for an additional 49 days (see http://www.cic.gc.ca/english/information/times/temp.asp )

Google the IAD Chavez v. MCI decision which shows what a couple must prove. Then make sure you two talk about your plans for the future as well.

Many couples in love make silly mistakes on the forms or at interviews that can cause a refusal and an appeal. Currently to get a Full Appeal at the Toronto IAD is two years.

I suggest you retain an experienced, registered Immigration adviser that will have hands on with your file. Time saved hiring a professional is priceless since she appears worth every penny based on your post.


(in reply to: spousal immigration - pls advise)

***This is what I said about Marriage Fraud as quoted in the Globe and Mail newspaper in 2009.

Toronto immigration consultant Roy Kellogg, a former immigration officer, said the challenge for officials is that the most suspicious marriages may actually be the most genuine. Couples with little money often use phone cards to make calls and cannot afford lavish weddings or photos, leaving them with slim evidence of a long courtship. Meanwhile, couples with lots of money can stage elaborate but phony wedding ceremonies overseas and sail through the process.

Other than having visa officers ask better questions, Mr. Kellogg doubts there´s much Ottawa can do. "It´s impossible to know whether a couple is in a loving relationship," he said.

For those with money, the relative speed with which immigrants are approved through marriage makes fraud an attractive option.


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