Additional documents request. HELP!!

[LoveLife8789]

Hello,

We need some help regarding additional documents request and my history as below:

I am Canadian PR and my wife is Indian citizen. She studied in USA (on study permit) and lived there with her family who are American citizens. She came to Canada on visitor visa in March 2018 and we got married here in April 2018. We did a civil marriage ceremony in Canada in presence of my parents, her sister and her sister's friend. Her parents couldn't attend marriage in Canada because my mother-in-law's passport got stolen in States.
It's an arranged marriage and I met my wife 2 times in USA before marriage and have met her parents in person for once. I had been talking/video calls/chatting with my wife for 6 months before marriage. Her mother & my mother are school friends. My wife is still in Canada with me on visitor visa since March 2018.

Today, we got additional document request from NDVO to submit pictures of traditional Hindu style wedding, pre/post marriage pics, honeymoon pics, etc. Now, because we haven't done traditional marriage in India and might not doing one except a reception from my side. So, what can be added as supporting documents or explanation for this request? PLEASE HELP!!! It's a genuine marriage and nothing done for convenience.

 

[canuck_in_uk]

Hello,

We need some help regarding additional documents request and my history as below:

I am Canadian PR and my wife is Indian citizen. She studied in USA (on study permit) and lived there with her family who are American citizens. She came to Canada on visitor visa in March 2018 and we got married here in April 2018. We did a civil marriage ceremony in Canada in presence of my parents, her sister and her sister's friend. Her parents couldn't attend marriage in Canada because my mother-in-law's passport got stolen in States.
It's an arranged marriage and I met my wife 2 times in USA before marriage and have met her parents in person for once. I had been talking/video calls/chatting with my wife for 6 months before marriage. Her mother & my mother are school friends. My wife is still in Canada with me on visitor visa since March 2018.

Today, we got additional document request from NDVO to submit pictures of traditional Hindu style wedding, pre/post marriage pics, honeymoon pics, etc. Now, because we haven't done traditional marriage in India and might not doing one except a reception from my side. So, what can be added as supporting documents or explanation for this request? PLEASE HELP!!! It's a genuine marriage and nothing done for convenience.

This is why couples from India are always advised to have the full traditional ceremony, especially for arranged marriages.

You need to fully explain why you did not follow the cultural norms for the wedding. I suggest you include proof that you have been living together since the wedding.

 

[LoveLife8789]

This is why couples from India are always advised to have the full traditional ceremony, especially for arranged marriages.

You need to fully explain why you did not follow the cultural norms for the wedding. I suggest you include proof that you have been living together since the wedding.

Thank you so much! One more question: the application will be 12 months in June. So, will this additional documents request make processing time lengthier than 12 months? Or would they make quick decisions after they get all documents because 12 months processing time is near?

 

[k.h.p.]

It will likely add to your timeline.

Take this very seriously: they are likely to believe that your relationship is not genuine since you did not do the traditional ceremonies. You will need to clearly explain why you did not do the traditional ceremonies.

 

[Canadabanana]

I would include whatever extra photos that you can, along with explanation of why you didn't do or don't have set plans for a traditional ceremony. Perhaps a supporting letter from a family member or friend who attended whatever ceremony you did have?

 

[canuck_in_uk]

Thank you so much! One more question: the application will be 12 months in June. So, will this additional documents request make processing time lengthier than 12 months? Or would they make quick decisions after they get all documents because 12 months processing time is near?

As you have been requested to send more proofs, your application no longer falls in the normal time frame. Expect a longer processing time.

 

[wasiqjaved]

Hello,

We need some help regarding additional documents request and my history as below:

I am Canadian PR and my wife is Indian citizen. She studied in USA (on study permit) and lived there with her family who are American citizens. She came to Canada on visitor visa in March 2018 and we got married here in April 2018. We did a civil marriage ceremony in Canada in presence of my parents, her sister and her sister's friend. Her parents couldn't attend marriage in Canada because my mother-in-law's passport got stolen in States.
It's an arranged marriage and I met my wife 2 times in USA before marriage and have met her parents in person for once. I had been talking/video calls/chatting with my wife for 6 months before marriage. Her mother & my mother are school friends. My wife is still in Canada with me on visitor visa since March 2018.

Today, we got additional document request from NDVO to submit pictures of traditional Hindu style wedding, pre/post marriage pics, honeymoon pics, etc. Now, because we haven't done traditional marriage in India and might not doing one except a reception from my side. So, what can be added as supporting documents or explanation for this request? PLEASE HELP!!! It's a genuine marriage and nothing done for convenience.

In cultures where arranged marriages are common, it may be difficult to determine if a marriage is genuine or not ... and IRCC is well aware of this fact. That is why, they rely on other pieces of evidence such as proof of cohabitation, celebration of marriage with family's presence and cultural/traditional events, documents bearing names of both spouses, joint-ownership of assets/bank accounts, etc.

If you can prove both have stayed together for 12 months continuously, you may not qualify under spousal, but you can qualify under Common-Law.

You can also provide future date of events if you have made such plans for any events - backed by documentary evidence.

Thank you so much! One more question: the application will be 12 months in June. So, will this additional documents request make processing time lengthier than 12 months? Or would they make quick decisions after they get all documents because 12 months processing time is near?

Everytime you receive ADR, your case is referred for Interview or there's a delay in communication, your timeline will exceed beyond 12 months.

Source :
IRCC Official : What is a complex permanent residence application?

 

[canuck_in_uk]

In cultures where arranged marriages are common, it may be difficult to determine if a marriage is genuine or not ... and IRCC is well aware of this fact. That is why, they rely on other pieces of evidence such as proof of cohabitation, celebration of marriage with family's presence and cultural/traditional events, documents bearing names of both spouses, joint-ownership of assets/bank accounts, etc.

If you can prove both have stayed together for 12 months continuously, you may not qualify under spousal, but you can qualify under Common-Law.

You can also provide future date of events if you have made such plans for any events - backed by documentary evidence.




Everytime you receive ADR, your case is referred for Interview or there's a delay in communication, your timeline will exceed beyond 12 months.

Source :
IRCC Official : What is a complex permanent residence application?

They are legally married. Common-law is not an option.

 

[wasiqjaved]

They are legally married. Common-law is not an option.

I'll clarify it a bit.

Even if you are legally married in XYZ country, you have to make sure you marriage is legally recognized under both Canadian AND foreign country's laws. If, for some reason, CIC believe marriage was not legally registered, PA will not qualify under spousal (FC1) category. However, if same couple have shown proof of cohabitation for 12 months consecutively, they can be considered under Common-Law (FCC). The only thing is, marriage should be declared - whether legal in Canada or not.

There are cases where Visa officers have written to PA that they don't consider PA's marriage to be valid because e.g. their marriage certificate was not issued by proper authority ... or ... their marriage was not done according to laws of both Canada and Foreign Country (such as proxy marriage, not physically present, etc), it is not legal and you don't qualify as spouse (FC1) under Section 2 of IRPR..... and at the same time, Visa Officer have stated that they are satisfied PA meet definition of common-law partners (FCC) under Section 2 of IRPR due to 12 months of continuous cohabitation.

"in relation to a person, an individual who is cohabitating with the person in a conjugal relationship, having so cohabitated for a period of at least one year"

Source : OP-613 - 3.8.1 Processing of Common-Law Partners

 

[canuck_in_uk]

I'll clarify it a bit.

Even if you are legally married in XYZ country, you have to make sure you marriage is legally recognized under both Canadian AND foreign country's laws. If, for some reason, CIC believe marriage was not legally registered, PA will not qualify under spousal (FC1) category. However, if same couple have shown proof of cohabitation for 12 months consecutively, they can be considered under Common-Law (FCC). The only thing is, marriage should be declared - whether legal in Canada or not.

There are cases where Visa officers have written to PA that they don't consider PA's marriage to be valid because e.g. their marriage certificate was not issued by proper authority ... or ... their marriage was not done according to laws of both Canada and Foreign Country (such as proxy marriage, not physically present, etc), it is not legal and you don't qualify as spouse (FC1) under Section 2 of IRPR..... and at the same time, Visa Officer have stated that they are satisfied PA meet definition of common-law partners (FCC) under Section 2 of IRPR due to 12 months of continuous cohabitation.

"in relation to a person, an individual who is cohabitating with the person in a conjugal relationship, having so cohabitated for a period of at least one year"

Source : OP-613 - 3.8.1 Processing of Common-Law Partners

I am well aware of all of that and clarification was not needed. Read the first post; the marriage is was done in Canada, so there is no issue with it being legally recognized. IRCC has simply taken issue with the fact that it did not follow cultural norms.

 

[LoveLife8789]

Thank you all for you input and help. We have not started gathering as much proofs/documents as possible and will be sending them everything soon. Thank you again!