Advice needed!

[theedge]

Hello, Firstly thank you for reading this, I have been lurking on the forum for a little while and now would like to ask some questions

I wrote my story in italic so you can skip it if you want
I am 23 years old, I was born and raised in Quebec. I first met my fiance about a year and half ago. She is Vietnamese. We met online at first and after a couple of months of talking and since I had finished college, I decided to go see her in Vietnam. I have now been with her for a little over a year. We live very close to each other and I am always with her. So we decided to get married this summer, my parents will come to my wedding and maybe some other relatives.

My questions

1.Now we will do a ceremony in Vietnam but I was thinking of getting the marriage certificate in Thailand since it is much less complicated there. Would that hurt me in the sponsorship application? Should I get the certificate in Vietnam?

2.I was also wondering if it would be easier/better to get married in Canada (her on a tourist visa for example) and stay there to apply inland

3.My plan is to stay in Vietnam with my soon-to-be wife until the whole process would be finish. Now is this possible if I am living in Vietnam on a
tourist visa? or do I need like a work visa or student visa to be able to apply outland and stay with my wife here?

4.if I would be working in Vietnam on a tourist visa, should I tell the immigration about this or not? since it's not legal in Vietnam to do so...



Once again thank you for reading and helping me, I am quite nervous about this since I don't want to be separated from my wife. Reading through the forum was really helpful because I didn't know anything about immigration before. My thank you to the community here!

 

[theedge]

Sorry for the wall of text before, I made it a little more easy for the eyes thanks!

 

[British_Bulldog]

Applying from outside of Canada is always the fastest way. So get married outside of Canada and apply from outside. You are a Canadian citizen, so there is no time frame for you being out of the country.
If you think you could both put up with it for a few months, you should stay in Canada and your stb wife stay in her home country while the process goes through. It would give you time to prepare for her arrival (a job to support you both and a house to live in) and she could save while she is in her country by living with parents and having no personal bills. Something to think about anyway. Best of luck!

 

[CharlieD10]

1. As long as your marriage is legally recognized where it takes place, it will be recognized in Canada. Ensure that you comply with all the requirements for wherever you get married.

2. "Easier" is a relative thing. If she needs a TRV to come to Canada, it is very unlikely they will give her one without strong ties of proof to Viet Nam to overcome the fact that she has a Canadian fiance. Non-visa exempt spouses are routinely denied TRVs.

3. If you stay in Viet Nam while the processing of her application takes place, and have been out of Canada for some time, you will need to provide proof of your plans to re-establish yourself in Canada when she is granted PR. Whether you can stay or not is up to the Vietnamese authorities, not Canada.

4. There is no minimum income requirement for sponsoring a spouse. I really would encourage you, if you decide to work while there, that you go through the proper channels and get your status changed to allow you to work. You don't want to give the Canadian authorities the impression that you have no regard for Immigration laws, it might reflect poorly on your STBW's application. Just a thought.

 

[theedge]

1. As long as your marriage is legally recognized where it takes place, it will be recognized in Canada. Ensure that you comply with all the requirements for wherever you get married.

2. "Easier" is a relative thing. If she needs a TRV to come to Canada, it is very unlikely they will give her one without strong ties of proof to Viet Nam to overcome the fact that she has a Canadian fiance. Non-visa exempt spouses are routinely denied TRVs.

3. If you stay in Viet Nam while the processing of her application takes place, and have been out of Canada for some time, you will need to provide proof of your plans to re-establish yourself in Canada when she is granted PR. Whether you can stay or not is up to the Vietnamese authorities, not Canada.

4. There is no minimum income requirement for sponsoring a spouse. I really would encourage you, if you decide to work while there, that you go through the proper channels and get your status changed to allow you to work. You don't want to give the Canadian authorities the impression that you have no regard for Immigration laws, it might reflect poorly on your STBW's application. Just a thought.

Thanks for the help! ok so I think we will file the application from outland.

For the proof of my plans to re-establish myself in Canada, well my parents have already agreed to take us in if we wanted/needed to when we come back, also maybe I can get some letters from past employers stating they could take me back or offer me interviews if I would need to...is it good enough?

For the income, I understand there is no minimum but if I do not have ANY income in Canada is this gonna be a problem?
and you're right I don't think it would look good if I would be an illegal here...not that I am but I just thought I could maybe do it while waiting.

Applying from outside of Canada is always the fastest way. So get married outside of Canada and apply from outside. You are a Canadian citizen, so there is no time frame for you being out of the country.
If you think you could both put up with it for a few months, you should stay in Canada and your stb wife stay in her home country while the process goes through. It would give you time to prepare for her arrival (a job to support you both and a house to live in) and she could save while she is in her country by living with parents and having no personal bills. Something to think about anyway. Best of luck!

Thanks for the answer, I should say that when we will be married, I would be able to move with her and her family so it wouldn't cost me anything to live there. also my parent agreed to take us in when we would come back. Is this good enough or I really need an income in canada?

 

[CharlieD10]

No, you don't need to meet an income requirement to sponsor your wife. You will need to show how you plan to support yourselves in Canada, so make sure you build a strong case for that. You definitely need something in writing from your parents showing they are aware of your plans and have agreed to help you get settled. If you can line up interviews, or even just start job-searching and document that, that would be excellent.

 

[theedge]

No, you don't need to meet an income requirement to sponsor your wife. You will need to show how you plan to support yourselves in Canada, so make sure you build a strong case for that. You definitely need something in writing from your parents showing they are aware of your plans and have agreed to help you get settled. If you can line up interviews, or even just start job-searching and document that, that would be excellent.

thanks so even if I wait with my wife in Vietnam but I get letters from my parents, relative...sworn affidavit stating that we will come back etc and that I get some people telling me (in writing) that they will help me get interview at their work place etc then I can stay with my wife in vietnam for the whole procedure without getting a job or going back to Canada? Because honestly I don't want to spend the first year of our marriage (or any year) apart from her but I don't want to screw up my application.

 

[CharlieD10]

That is correct. As a citizen, you may sponsor your spouse/partner while living outside Canada. You MUST show that you intend to return to Canada once she is granted PR, and these must be well-thought out and documented plans, not a vague statement of intention. So you need to show where you are going to live and what plans you have for work, and what steps you have taken in these directions.

 

[theedge]

That is correct. As a citizen, you may sponsor your spouse/partner while living outside Canada. You MUST show that you intend to return to Canada once she is granted PR, and these must be well-thought out and documented plans, not a vague statement of intention. So you need to show where you are going to live and what plans you have for work, and what steps you have taken in these directions.

Alright thanks!
also I was reading the sponsoring guide and i saw this sentences "Canadians travelling abroad as tourists are not considered to be residing outside Canada." since i am on a tourist visa since the beginning does that mean that I cannot sponsor my wife if I am not in Canada?

 

[CharlieD10]

Well, give or take, how long will you have been outside Canada when you file the application? If it is more than 6 months, I am fairly sure you can be considered as "residing" outside Canada, at least for tax purposes anyways. And while this is Immigration Canada and not Revenue Canada you are dealing with, it never hurts to err on the side of caution when dealing with either one.

As I said before, as a citizen you can sponsor her from anywhere. Since you don't want to be apart from her, and have been out of the country for a while, and will continue to be until she is allowed to join you in Canada, provide evidence that you will be re-establishing your ties to Canada as soon as that occurs.

 

[theedge]

Well, give or take, how long will you have been outside Canada when you file the application? If it is more than 6 months, I am fairly sure you can be considered as "residing" outside Canada, at least for tax purposes anyways. And while this is Immigration Canada and not Revenue Canada you are dealing with, it never hurts to err on the side of caution when dealing with either one.

As I said before, as a citizen you can sponsor her from anywhere. Since you don't want to be apart from her, and have been out of the country for a while, and will continue to be until she is allowed to join you in Canada, provide evidence that you will be re-establishing your ties to Canada as soon as that occurs.

Alright thanks again for the advice I have been outside of canada for a year already and we are not married yet...so It will be mostly 18months when I file the application. I still got tax return in 2011 because I worked in 2010 in Canada

 

[canadianwoman]

Alright thanks!
also I was reading the sponsoring guide and i saw this sentences "Canadians travelling abroad as tourists are not considered to be residing outside Canada." since i am on a tourist visa since the beginning does that mean that I cannot sponsor my wife if I am not in Canada?

That sentence is referring to people on an ordinary vacation - two weeks or a month - not a year. You can sponsor her while you are outside Canada, no matter what kind of visa you are on, because you are a Canadian citizen.

 

[theedge]

That sentence is referring to people on an ordinary vacation - two weeks or a month - not a year. You can sponsor her while you are outside Canada, no matter what kind of visa you are on, because you are a Canadian citizen.

Thanks so much for the clarification So I guess all I need to prove is that my marriage is genuine and that I intent to go back to canada after my wife is accepted right? For ties to canada do you guys think its good if my aunt who has a shop write a letter stating that she would hire me at her shop if I would need to?

 

[canadianwoman]

Thanks so much for the clarification So I guess all I need to prove is that my marriage is genuine and that I intent to go back to canada after my wife is accepted right? For ties to canada do you guys think its good if my aunt who has a shop write a letter stating that she would hire me at her shop if I would need to?

The letter would help. A letter from a relative offering you a place to stay until you get some money saved would also be good.

 

[theedge]

The letter would help. A letter from a relative offering you a place to stay until you get some money saved would also be good.

Alright thanks! I should be able to get more than 1 letter from different relative/friends!