Dual Intent

[Leon]

James, it's not advisable to say marriage but say you are going to visit your girlfriend. You can decide during your visit that you feel like getting married

There is really no other way to do this in Canada because unlike the US, there is no fiance visa in Canada and if you go to Canada and say you are planning on getting married, they may not let you in because they think you will stay.

 

[elfut]

I do not need to apply for a visitor visa. From past experiences it's just about convincing the boarder guard at the airport that I am going to leave and not work illegally. But should I mention that I'm getting married? Or just visiting my girlfriend and friends?

At all times the border guard would ask you your return flight ticket and how long are you going to be in Canada and who are you visiting. Usually, they would say to visit their gf/bf or a friend. Then they will ask how do you meet them etc. It's nerve wrecking.
I am not positive what they are going to tell you if u were to tell them if you want to get married.

 

[Leon]

Word of warning about using the word "friend". When I wrote my husband his invitation letter I described him as my friend who wanted to come for a visit. At the time he was just that - a friend. He was refused a visitors visa and about 3 months later I went to visit him and we got married. During his interview, it was brought up that he had applied for a TRV and that I had said he was a friend and why didn't I say he was boy friend or my husband to be. He explained that at that time we were neither of those but the IO did not accept his answer. Be very careful how you word things, it can come back to bit you.

So that comes back to what I said, they did not believe the relationship was real. They thought you had married your friend to get him a PR. If you had sufficient proof of your relationship developing from friendship to marriage in 3 months, you would have been approved.

 

[elfut]

James, it's not advisable to say marriage but say you are going to visit your girlfriend. You can decide during your visit that you feel like getting married

There is really no other way to do this in Canada because unlike the US, there is no fiance visa in Canada and if you go to Canada and say you are planning on getting married, they may not let you in because they think you will stay.

About return plane ticket, can they change their mind and buy another plane ticket just to stay longer for certain important reasons(for example family matters) and apply an extension visa?

 

[elfut]

Elfut,

I'm American and frequented Canada in that same capacity - I was honest and upfront and was never denied entry. I would prefer to air on the side of caution with FULL disclosure, and let the chips fall where they may. It has been my experience that an I/O is far more amenable and less misunderstandings can be construed when everyone is one the same page.

These grey areas that Marlena and some of the others speak of, are completely open to interpretion by the I/O reviewing the case, and if there is any question...the final decision is in the hands of the I/O determining the case.

I would hate to see someone get a TRV, come, get married and have their actual sponsorship denied due to lack of disclosure, or dual intent [coming on one visa, and applying inland for another]....and thus the reason for my post [as someone had asked me some questions about it ...]. At least be wise and knowledgeable about what you are doing, and weigh the risks, pro and con.

Leon, I understand what you are saying, but such an argument could still be denied, then what is the course of action?

N.B. The other issue people must consider too is that if you apply in-land your waive the right to appeal, should your case be denied......

If denied, then the sponsor and applicant are having a baby together..what should they do?

 

[JamesM]

I do not need to apply for a visitor visa. From past experiences it's just about convincing the boarder guard at the airport that I am going to leave and not work illegally. But should I mention that I'm getting married? Or just visiting my girlfriend and friends?

At all times the border guard would ask you your return flight ticket and how long are you going to be in Canada and who are you visiting. Usually, they would say to visit their gf/bf or a friend. Then they will ask how do you meet them etc. It's nerve wrecking.
I am not positive what they are going to tell you if u were to tell them if you want to get married.

Yup, I've been through it a few times. I'm just wondering if I should say fiance, marriage, wedding. I am going for 9 weeks which may seem a little long for a trip so I wouldn't be surprised if there are a few extra questions or a small interview. But if that happens and I mention getting married without bringing it up in the first place, it would be like digging myself a deeper hole.

 

[Leon]

If you decide to tell them you are getting married, bring a letter from your employer as well as other reasons why you will go back to the US after your wedding.

 

[JamesM]

If you decide to tell them you are getting married, bring a letter from your employer as well as other reasons why you will go back to the US after your wedding.

So bring loads of proof that I do intend to leave after the 9 weeks. Got it. I think I will say girlfriend and leave it there. If they ask more, I'll have the proof.
Cheers Leon!

 

[elfut]

I do not need to apply for a visitor visa. From past experiences it's just about convincing the boarder guard at the airport that I am going to leave and not work illegally. But should I mention that I'm getting married? Or just visiting my girlfriend and friends?

At all times the border guard would ask you your return flight ticket and how long are you going to be in Canada and who are you visiting. Usually, they would say to visit their gf/bf or a friend. Then they will ask how do you meet them etc. It's nerve wrecking.
I am not positive what they are going to tell you if u were to tell them if you want to get married.

Yup, I've been through it a few times. I'm just wondering if I should say fiance, marriage, wedding. I am going for 9 weeks which may seem a little long for a trip so I wouldn't be surprised if there are a few extra questions or a small interview. But if that happens and I mention getting married without bringing it up in the first place, it would be like digging myself a deeper hole.

Its really hard to say..I don't know. I am probably in the same shoe but I am not married to my sponsor yet. We have been seeing each other since 2007 and met thru a friend while visiting my friend in Canada in 2004. and ever since 2007 that I met my sponsor, we have been living together and every six mionths, I have to go back and forth Singapore via Canada for business matters and then come back to Canada again and live together until a year before we applied Common-Law inland in Oct 2008, now waiting for something. Currently, we are expecting a baby together and the timing isn't that great, I wouldn't say its a mistake, it happened and we are excited even though we do not know the outcome of our application.
I really hope our application goes thru...our lives are depending on it.

 

[Leon]

About return plane ticket, can they change their mind and buy another plane ticket just to stay longer for certain important reasons(for example family matters) and apply an extension visa?

Yes, you can always change your mind and apply for a 6 months extension stating whatever reason and even apply for another one after that. If you have a return ticket you can change, then do that. Otherwise you can buy a new one. If you are having a baby, that's a very good reason to extend your visit.

 

[elfut]

About return plane ticket, can they change their mind and buy another plane ticket just to stay longer for certain important reasons(for example family matters) and apply an extension visa?

Yes, you can always change your mind and apply for a 6 months extension stating whatever reason and even apply for another one after that. If you have a return ticket you can change, then do that. Otherwise you can buy a new one. If you are having a baby, that's a very good reason to extend your visit.

yes that is what we thought which is a very good reason to extend however the pregnancy took place after the application was submitted..talking about bad timing :|

 

[mingus]

Word of warning about using the word "friend". When I wrote my husband his invitation letter I described him as my friend who wanted to come for a visit. At the time he was just that - a friend. He was refused a visitors visa and about 3 months later I went to visit him and we got married. During his interview, it was brought up that he had applied for a TRV and that I had said he was a friend and why didn't I say he was boy friend or my husband to be. He explained that at that time we were neither of those but the IO did not accept his answer. Be very careful how you word things, it can come back to bit you.


So that comes back to what I said, they did not believe the relationship was real. They thought you had married your friend to get him a PR. If you had sufficient proof of your relationship developing from friendship to marriage in 3 months, you would have been approved.

No the IO did not believe our relationship is real, that is why almost after a year of marriage we are still living in other countries working on an appeal.

I am not going to get into any details here, but I just wanted to give warning to those who plan to say they are visiting a friend. Really think about your wording. At my age I think the term boyfriend/girlfriend is very childish and would never use it. Plus, in my husband's religion, you do not "date" before marriage so he woud never consider us anything other than friends before marriage.

 

[elfut]

Word of warning about using the word "friend". When I wrote my husband his invitation letter I described him as my friend who wanted to come for a visit. At the time he was just that - a friend. He was refused a visitors visa and about 3 months later I went to visit him and we got married. During his interview, it was brought up that he had applied for a TRV and that I had said he was a friend and why didn't I say he was boy friend or my husband to be. He explained that at that time we were neither of those but the IO did not accept his answer. Be very careful how you word things, it can come back to bit you.


So that comes back to what I said, they did not believe the relationship was real. They thought you had married your friend to get him a PR. If you had sufficient proof of your relationship developing from friendship to marriage in 3 months, you would have been approved.

No the IO did not believe our relationship is real, that is why almost after a year of marriage we are still living in other countries working on an appeal.

I am not going to get into any details here, but I just wanted to give warning to those who plan to say they are visiting a friend. Really think about your wording. At my age I think the term boyfriend/girlfriend is very childish and would never use it. Plus, in my husband's religion, you do not "date" before marriage so he woud never consider us anything other than friends before marriage.

respect that my friend. hopefully things would be resolved.

 

[lisa_joanne_uk]

So overall would anyone recommend going over on a visitors, getting married and then applying inland?
We have sufficient proof of our relationship and so forth and i have read many stories from other people who have done this and succeeded, many saying that they had no problems what so ever.
Also what is classed as claiming benefits off the gov. over there? My boyfriend is a single father with 2 children, he works full time but gets some sort of benefit for the children, does this mean he wont be able to sponsor?
Thanks in advance, Lisa

 

[Leon]

I don't think child benefits is considered social assistance. It's probably just the same everybody else gets.

Just be aware that even though you are in Canada and got married, you don't have to do inland. You could do outland if you wanted to. There are different pros and cons for each.