First timer posting - numerous questions

[stevedominic]

Hi all,

I've read the boards a few time, so I have a bit of knowledge, but certainly not like some!

I would like to get married to my girlfriend in Guatemala- she is Guatemalan, and lives there - thus unfortunately- will have to apply via the Guatemala City embassy - one of the longest waiting periods in the world!
She has visited here once, and has a 10 year US-visitor's visa. In Guatemala, she is a dentist. As a foreign-trained dentist she can do a 2 year equivalency course at U of T (but must be a PR) or else do a very expensive non-PR course which is 4 years.

I am a Canadian, and live and work here.

I have a series of questions that I'll try to make as simple as possible:

We want a "real" wedding reception etc at the end of this year. To start the process we'd like to get a civil wedding.


1. Would it be faster/easier to get married here or in Guatemala to get a wedding certificate with the goal in mind to apply as soon as possible (do we need to "translate" or "certify true" the wedding certificate if married in Guate and what is the timing?)


2. It looks like it is roughly the same waiting period both inward and outward application for someone from Central America. Other than her being in Canada, there seems to be more risks in doing an inward application (and she cant work etc). Any thoughts/comments here?


3. While the PR application is in process, should she/could she apply for a visitors visa and/or temp working visa?


4. Would her professional occupation in Guatemala help the application's speed? Any experience here would be helpful....


5. Anyone know why Guatemala City is so long compared to others? IS there more risky applications done here? Or are there more applicants here to go through?


6. What is the main difference in why an application could take 9 months or 16 months?


7. Is there a problem once the application ball is rolling, for her to stay in the US for long periods of time as it will be much easier for me to visit


8. Anything else I should be asking that I havent?


Thanks a million, and good luck to all!

 

[mitamata]

1.) I don't know what the process is like in Guatemala. Find out what it takes for a Guatemalan citizen to marry a foreigner in Guatemala and then you'll see. Unless they issue a marriage certificate in English (my country did that, I didn't need to do anything other with it), then yes, you will need to get it officially translated.
The procedure in Canada is fairly simple though, it will probably be easier to do it there if you can (I guess she'll need a visitor's visa for Canada).

2.) They are called inland/outland applications. An inland application is only advisable for people who already have a status in Canada (people on long term study visas or the like). The fact that you're applying for PR doesn't give you any kind of status, it has to be maintained otherwise - so if she were in Canada on a visitor's visa, she would need to get it extended. If an inland applicant leaves Canada and is unable to return (ie can't get a visa again), then the application is lost. Sometimes the process is fairly short (8-12 months), but if an interview is required, it could take literally years and it's hard to keep the status for so long. So personally, I'd suggest the outland route.

3.) She can apply for a visitor's visa, but it's unlikely she will get it. They will not issue it unless they believe she intends to return to Guatemala after it expires and with a husband in Canada, that will be hard to prove. Usually people with spouses in Canada don't get them. But it's worth a try, sometimes it happens.

4.) No, it won't help speed it up at all.

5.) It's hard to say what slows down a certain visa office. It might be they don't have enough staff or that it just takes longer to get information from the local authorities.

6.) Several things cause delays. If you don't include everything they need, it will cause a delay - they will ask you to mail it, you will mail it and until they receive it = delay. If you don't pay all the fees upfront, it will cause a delays - again, they have to ask you to pay, you have to pay, they have to wait for the confirmation of payment etc. Another cause for delay are interviews - if they decide you didn't include enough evidence to show your relationship is genuine, they might ask for an interview. It usually takes a few months before they schedule the interview, so obviously = delay. Another possibility are background checks - they are done in every country where the applicant has lived, so if one has lived all over the world, it might take a while.

7.) No, she's allowed to stay in the US. She will need to submit her passport to Guatemala at some point for them to issue a visa and at that time, it would be best if she were in Guatemala.

8.) I'm sure you'll think of more to ask before you apply

 

[chelley]

"3.) She can apply for a visitor's visa, but it's unlikely she will get it. They will not issue it unless they believe she intends to return to Guatemala after it expires and with a husband in Canada, that will be hard to prove. Usually people with spouses in Canada don't get them. But it's worth a try, sometimes it happens."

i'd take a guess that her chances for a reasonable length visit (holiday) is better than average if she is a dentist with an active practice... if she can demonstrate that she has employees (a receptionist) and has booked clients for dates beyond her travel, that will show good intentions... also the fact that she has visited, and return from, the US does help her somewhat...

it is always up to the discretion of the Immig. officer (I/O) but mentioning those points in an application, with a return ticket, might help...

 

[stevedominic]

Mita Mata -Thanks! I couple of follow ups to your points

1.) I don't know what the process is like in Guatemala. Find out what it takes for a Guatemalan citizen to marry a foreigner in Guatemala and then you'll see. Unless they issue a marriage certificate in English (my country did that, I didn't need to do anything other with it), then yes, you will need to get it officially translated.
The procedure in Canada is fairly simple though, it will probably be easier to do it there if you can (I guess she'll need a visitor's visa for Canada).

I probably asked my question wrong- if I get married in Guatemala (and have it translated) is THAT document good enough to apply for PR, or will I need it still "validated' in some other way in Canada before I apply. As it takes ~10weeks to get a marriage cert in Canada, then if it is faster in Guate, then I might as well get married there.

3.) She can apply for a visitor's visa, but it's unlikely she will get it. They will not issue it unless they believe she intends to return to Guatemala after it expires and with a husband in Canada, that will be hard to prove. Usually people with spouses in Canada don't get them. But it's worth a try, sometimes it happens.

If she applied for a multi-visitor Canada visa then BEFORE applying for PR, will that enable her to move freely between the two countries should she choose?

7.) No, she's allowed to stay in the US. She will need to submit her passport to Guatemala at some point for them to issue a visa and at that time, it would be best if she were in Guatemala.

At what stage does she need to give up her passport? I ask because her going to the US, I could "live" there with her as my job would permit that until her PR was granted - then she could go back to Guate, finish the pack up and then land in Canada. Of course, if the answer to #3 above was that yes she could get a multi-visitor to Canada, then possibly she could stay here sometimes, and Guate sometimes...


Chelley- thank you as well. She is what you would call an associate dentist, full-trained, however lacks the money to buy/operate her own firm (as most dentists do in their 20's )

However, naturally she would have future appointments, and really - a reason to go back for now.

 

[ariell]

Hi, Looks like you've gotten alot of good advice already so I don't really have anything to add. I'm just curious about her 10 year (!) visa for the US. How long can she live in the US at one time with her visa? I'm guessing it's only 6 months, right? But if the visa gives her the ability to live in the US for at least one year at a time (i.e. without needing to re-apply for a 6 month extension), then she can apply through the Buffalo visa office which has a much much shorter wait time-- many people are finished processing in a few months. You can apply at a visa office outside your country of nationality IF you were legally admitted to that country for a period of at least 1 year. Not sure if that's a possibility for her, but you may want to look into that. Good luck.

 

[ariell]

Mita Mata -Thanks! I couple of follow ups to your points

I probably asked my question wrong- if I get married in Guatemala (and have it translated) is THAT document good enough to apply for PR, or will I need it still "validated' in some other way in Canada before I apply. As it takes ~10weeks to get a marriage cert in Canada, then if it is faster in Guate, then I might as well get married there.

Yes, that is absolutely good enough! Most people actually apply with a foreign marriage certificate. I did!

If she applied for a multi-visitor Canada visa then BEFORE applying for PR, will that enable her to move freely between the two countries should she choose?
Assuming she's granted a visitor visa, yes, she could travel freely between Guatemala and Canada only if you apply outland. If you apply inland, she has to stay here for the duration of the processing. The problem is not with leaving as of course no one will force her to stay here, but if she leaves and then tries to re-enter Canada and if she is denied entry at the border, your inland application will be forfeited.

At what stage does she need to give up her passport? I ask because her going to the US, I could "live" there with her as my job would permit that until her PR was granted - then she could go back to Guate, finish the pack up and then land in Canada. Of course, if the answer to #3 above was that yes she could get a multi-visitor to Canada, then possibly she could stay here sometimes, and Guate sometimes...

Sounds like a great option to me. You're lucky that you can do that. Most visa offices request your PP toward the end of processing when they are ready to issue the visa. Not sure what the process is in G. City. I assume it's the same. But there are other people on this board who have applied through G. City so you may want to do a search thru previous postings to see if you can find them and then consider sending them a personal message.



Chelley- thank you as well. She is what you would call an associate dentist, full-trained, however lacks the money to buy/operate her own firm (as most dentists do in their 20's )

However, naturally she would have future appointments, and really - a reason to go back for now.

 

[stevedominic]

Hi, Looks like you've gotten alot of good advice already so I don't really have anything to add. I'm just curious about her 10 year (!) visa for the US. How long can she live in the US at one time with her visa? I'm guessing it's only 6 months, right? But if the visa gives her the ability to live in the US for at least one year at a time (i.e. without needing to re-apply for a 6 month extension), then she can apply through the Buffalo visa office which has a much much shorter wait time-- many people are finished processing in a few months. You can apply at a visa office outside your country of nationality IF you were legally admitted to that country for a period of at least 1 year. Not sure if that's a possibility for her, but you may want to look into that. Good luck.

Hi Ariell,

Very interesting! Do you have a source for this? I believe you, I just am trying to collect links etc in a file that I'm building!

Do you know if she needs to be in the US for at least that 1 year, or can she just start her "1 year" stay and then apply?

I do not know actually, I'll have to ask her... she had a 5-yr visa to the US (I guess because her uncles lived there), and then as that was coming to a close was denied a multi-entry to Canada. She then re-applied to the US- and got a 10 yr! She subsequently applied for a one-time Canada visa, which she was granted.



Thanks for that tidbit.

 

[stevedominic]

Thanks again!

Sorry if this is off-topic, but I'd rather not start a new thread - Based that she had a 5-yr multi-entry visa to the US (I guess because her uncles lived there), and then as that was coming to a close was denied a multi-entry visato Canada. She then re-applied to the US- and got a 10 yr! She subsequently applied for a one-time Canada visa, which she was granted. Having a 10 yr US Visa, and has visited Canada - is this a good time for her to apply for a multi-entry?

 

[ariell]

Hi Ariell,

Very interesting! Do you have a source for this? I believe you, I just am trying to collect links etc in a file that I'm building!

Do you know if she needs to be in the US for at least that 1 year, or can she just start her "1 year" stay and then apply?

I do not know actually, I'll have to ask her... she had a 5-yr visa to the US (I guess because her uncles lived there), and then as that was coming to a close was denied a multi-entry to Canada. She then re-applied to the US- and got a 10 yr! She subsequently applied for a one-time Canada visa, which she was granted.



Thanks for that tidbit.

Yep. Just check page 19-20 of the Sponsor's Guide re: Application to Sponsor and Undertaking:

"Print the full address where the principal applicant lives in a). Information you provide in b) and c) will help us determine which visa office will process the application for a permanent resident visa. Under Canadian immigration legislation, an application for a permanent resident visa must be made at the visa office responsible for:
•the country where the applicant is living, if the applicant has been lawfully admitted to that country for a period of at least one year, or
•the applicant's country of nationality, or
•the applicant's country of habitual residence, if the applicant is stateless and has legal status in that country.
The person you are sponsoring will have to provide evidence of his or her status in the country where he or she is living. Should that status change or expire before the visa office has completed the processing of the application, processing of the application will be completed in the office where it was submitted unless circumstances dictate otherwise."

EDIT to add: No, she doesn't have to already have been in the US for one year. She only has to have been legally admitted for one year.

 

[stevedominic]

Fantastic.. I HOPE then that it is s year she can go!

 

[ariell]

Thanks again!

Sorry if this is off-topic, but I'd rather not start a new thread - Based that she had a 5-yr multi-entry visa to the US (I guess because her uncles lived there), and then as that was coming to a close was denied a multi-entry visato Canada. She then re-applied to the US- and got a 10 yr! She subsequently applied for a one-time Canada visa, which she was granted. Having a 10 yr US Visa, and has visited Canada - is this a good time for her to apply for a multi-entry?

Well, it's as good a time as any right? It doesn't hurt to try. But I would go back to the time that she was denied a visa to Canada -- did they say why she was denied? If so, make sure that whatever the reason was, that you can show that that is no longer an issue. Sorry, I didn't word that very clearly, but I think you get what I'm saying.

 

[stevedominic]

True enough...

She was denied as "no proof of returning to Guate". We suspected as her US visa was about to expire, maybe they thought that she was using Canada as a second hope..... but right after she was denied- she applied to extend the US- and was granted a 10 yr!

She then went back to the Candian embassy to apply for a SINGLE entry, and got it on the spot without an interview (which she had the first time) Not sure if it was because she applied for a single, or that she had that new US-Visa, or both.