Frustrating!!!

[angel1977]

....Hello everyone...Ive had a look at the CIC updates on sponsoring a family class's timeline and after ...uhmmmm...almost a month, it has changed into January 21,2011. My app has a common-law was received by CIC vegreville in January 21, 2011...Does it mean that this is the start of the processingfor my app?....If yes, sad to say that my app was transfer to our local office last Dec.22, 2011 without the first stage of approval which makes me :'(.....Does it mean that the local office will also start my app like the timeline in the CIc website?....pls kindly help me...thank u....

 

[scylla]

Because your application was transferred to the local office without AIP, the published processing times no longer apply to you. Unfortunately your application is now in a completely different category and CIC does not publish processing times for applications such as yours. Sorry. I can't even begin to imagine how much that must suck.

 

[Quince777]

What might be the reason that your application was sent to local CIC for further processing? Do you think you submitted enough evidence to prove your common-law relationship? Anyways, I'm sorry to hear this but on the other hand if they request interview you have another chance to prove your relationship to the interviewer.

 

[angel1977]

Thanks guys for your help....I really dont know why they transfered my app...But i have a reason in mind like maybe its due that i have dependant children outside the country( Austria)....im completetly down....You cant imagine what it is of waiting again, after 12 months, another 6-12 months arrrrrgh :'(.... i dont even know how long it will take for the local office to contact me....

 

[Quince777]

What made you decide to apply inside Canada instead of outside? Only if your VO was processing longer than 12 months, then you could have applied inside Canada. Can you order notes on your file to see the reason why it got transferred to local CIC office?

 

[angel1977]

What made you decide to apply inside Canada instead of outside? Only if your VO was processing longer than 12 months, then you could have applied inside Canada. Can you order notes on your file to see the reason why it got transferred to local CIC office?

I ordered my FOSS notes last Week, by mail and by fax, in Ottawa....Ive been together with my bf here in Canada since Oct. 2008 and started right away to live together....im legally divorced since Nov 2011 and he is separated with his wife since 2002...we both have kids in the custody of the other parents...Im not really anticipating about to get my PR card, its more on the first stage of approval for now that will allow me to ok here in Montreal....

Maybe they are having doubts on why ive lived in different countries before...I was born in the Philippines, moved in Paris, France at the age of 3, finished my studies there with a university degree, and at the age of 22 i moved to Vienna, Austria with my ex hubby til Oct 2008.... but i did sent all the police clearance .....

sigh, sigh and one more sigh

 

[angel1977]

sorry, above i meant ITS MORE..............THAT WILL ALLOW ME TO WORK HERE IN MONTREAL ;D

 

[Quince777]

im legally divorced since Nov 2011

That could have been a problem. Common-law is the same as marriage, so even though you were living together since 2008 you did not qualify under common-law since you were not officially divorced until Nov. 2011. Can anyone else share their views on common-law marriage while not being divorced?

 

[angel1977]

That could have been a problem. Common-law is the same as marriage, so even though you were living together since 2008 you did not qualify under common-law since you were not officially divorced until Nov. 2011. Can anyone else share their views on common-law marriage while not being divorced?

In case that if our relation is not qualify, i guess that the CIC would have advised us early in the beginning of this processing instead of letting us wait this long and not making us expecting for something that we will never get :'(....
That is why i wanted to have some opinions here of members who were or are in a common-law sponsorship app. to see how things went with them....
But if i remember, in the app. package, it is written that a sponsor MAY NOT SPONSOR A COMMON-LAW partner if:
- They have lived apart from each other for at least a year or one of them is in a common-law relationship with another person.
-Either of them is legally married to someone else, UNLESS they have lived apart from that spouse for at least one year.

The second option gave us the chance to file this sponsorship....coz we thought and we do still think we hAve a chance to go thru it.....we do, me and my partner, still keep the faith that everything will turn out fine coz love conquiers all....Amd if not, everything happens for a reason and maybe this wont be the right time.....God bless us....

 

[Quince777]

-Either of them is legally married to someone else, UNLESS they have lived apart from that spouse for at least one year.

I would advise you to see a lawyer at least for consultation but a very good lawyer. Btw, did you file app on your own or did you hire a lawyer? Also did you explain in your app why you could not get a divorce earlier?

 

[Quince777]

If you were to be on a safe side, you should have waited until legally separated from your husband, live with your common - law partner for a year and then file an application. I'm not sure how immigration law would consider your case. That's why getting professional's opinion would help.

 

[rjessome]

That could have been a problem. Common-law is the same as marriage, so even though you were living together since 2008 you did not qualify under common-law since you were not officially divorced until Nov. 2011. Can anyone else share their views on common-law marriage while not being divorced?

That's not true. Two people who are married to OTHER people (but separated) can be in a common law relationship for the purposes of immigration. The validity of the CL relationship has nothing to do with when the divorce became final.

 

[angel1977]

I would advise you to see a lawyer at least for consultation but a very good lawyer. Btw, did you file app on your own or did you hire a lawyer? Also did you explain in your app why you could not get a divorce earlier?

We did it on our own with the help of his relatives here we have included pictures, supporting letters from his parents and our friends here...

I also did a 2 pages letter on why i coldnt get a early divorce....My ex husband is a rude guy( im not saying this because im not with him anymore) but he is a very hard and hot tempered person...The idea of propsing hm a divorce will push him to not letting me talk or having any contacts with my children....i know how he is.... :'(....i explained my case to my app....i just pray that the VO who will get my case will understand and feel how life for certain person hard and complicated is even against their will....

 

[Quince777]

That's not true. Two people who are married to OTHER people (but separated) can be in a common law relationship for the purposes of immigration. The validity of the CL relationship has nothing to do with when the divorce became final.

Thanks for sharing this. Because this is a very tricky situation. According to another law this might be considered 'bigamy', i.e. being legally married and at the same time common-law with another person. It's quite confusing for me to say the least.

 

[scylla]

Thanks for sharing this. Because this is a very tricky situation. According to another law this might be considered 'bigamy', i.e. being legally married and at the same time common-law with another person. It's quite confusing for me to say the least.

Bigamy only applies if you are married to more than one person at the same time.