Denied for TRV, wondering best course of action...

[Daveo52]

So, I met a girl in South Korea while I was there for 3 years. She's a Chinese citizen, but a South Korean permanent resident. She works in retail in Korea. We want to get married, and we read that the best way to do it is to bring her over on a TRV and then marry her locally (so we don't have to wait 18 months for the ridiculous Philippines visa office.)

I came back to Canada, put in the paperwork for her to come visit... they denied her. Their claims are that #1, her travel history isn't extensive enough (she's only been to Korea and China). #2, she isn't financially secure (her job pays the equivalent of $12 an hour). #3, Korea doesn't have many jobs. I guess they feel that if she leaves, she's losing her job- even though we had proof in writing that she wasn't going to.

In my included proof, I had a written statement signed by myself and my parents that we would support her in all financial endeavors while she's here. We agreed she would be taken care of... and we all signed it. We had all the required documentation- including bank statements showing she had $3,000, and employment records showing she officially had a job.

Now, we're kinda in a strange spot. I spoke with a lawyer, and he told me they're not going to let her in on a TRV if they've made this call.

So, as it stands- I'm going there to marry her in December. After that, I guess we have to wait 18 months? There's no way around it, I suppose.

Am I messing this up, or is this frustratingly the only thing I can do?

I also don't have a job right now... so I'm worried that they will reject me as her sponsor.

 

[Rob_TO]

So, I met a girl in South Korea while I was there for 3 years. She's a Chinese citizen, but a South Korean permanent resident. She works in retail in Korea. We want to get married, and we read that the best way to do it is to bring her over on a TRV and then marry her locally (so we don't have to wait 18 months for the ridiculous Philippines visa office.)

I came back to Canada, put in the paperwork for her to come visit... they denied her. Their claims are that #1, her travel history isn't extensive enough (she's only been to Korea and China). #2, she isn't financially secure (her job pays the equivalent of $12 an hour). #3, Korea doesn't have many jobs. I guess they feel that if she leaves, she's losing her job- even though we had proof in writing that she wasn't going to.

In my included proof, I had a written statement signed by myself and my parents that we would support her in all financial endeavors while she's here. We agreed she would be taken care of... and we all signed it. We had all the required documentation- including bank statements showing she had $3,000, and employment records showing she officially had a job.

Now, we're kinda in a strange spot. I spoke with a lawyer, and he told me they're not going to let her in on a TRV if they've made this call.

So, as it stands- I'm going there to marry her in December. After that, I guess we have to wait 18 months? There's no way around it, I suppose.

Am I messing this up, or is this frustratingly the only thing I can do?

I also don't have a job right now... so I'm worried that they will reject me as her sponsor.

The lawyer is essentially right. If they've rejected her TRV, there is no chance now to get one unless you can get some new supporting proof that will alleviate CIC concerns (so get more travel history, better paying job in Korea, etc). Simply submitting a new TRV app with the same proofs, will just result in another rejection.

If you marry her in Korea in December, then afterwards you can sponsor her for PR OUTLAND. The choice of visa office is entirely up to CIC. They may process her app in Manila due to her residency in Korea, or they may process it in Beijing/Hong Kong due to her Chinese citizenship. If it's processed in Manila, some people are getting approved there in around 12 months. Not sure what Beijing/HK offices are like.

There is no minimum income to sponsor a spouse. However you need to convince CIC that you will not go on welfare after she arrives as a PR. So if you don't have income when you submit the app, then you should include a financial plan of how you intend to support yourselves, and a letter from any family that is willing to financially support you (i.e. such as in offering a home to live).

 

[Daveo52]

Thanks Rob,

So going this December to get married is the best course of action?

Meaning I should apply as a sponsor in November, December, or January of next year?

 

[scylla]

Thanks Rob,

So going this December to get married is the best course of action?

Meaning I should apply as a sponsor in November, December, or January of next year?

The sponsor part of the application and the applicant part of the application have to be submitted together as one package. You can't send the sponsor part of the application separately.

You will have to wait until you are officially married before you can apply (unless you have already lived together for a year or more in which case you are already common law).

 

[Daveo52]

The sponsor part of the application and the applicant part of the application have to be submitted together as one package. You can't send the sponsor part of the application separately.

You will have to wait until you are officially married before you can apply (unless you have already lived together for a year or more in which case you are already common law).

Thanks a bunch