Help! please

[CanadaMex]

Hello. My fiancee and i have been dating for year and 2 weeks, in our anniversary he proposed to me and i said yes, we are both very happy together and also we moved together this past august. He has been here as student, he got a business certificate and also his visa expires on jan 16. We are planning to get married in the next couple weeks before he leaves the country. He wont be able to comeback as a visitor or student because he can't afford it anymore. We are wondering if immigration will think this marriage is a scam because we would be getting married just a few weeks before his visa expires.

Is it Ok if we just get married before he leaves? We love each other so much and just want to be together as soon as possible, thats the reason we would be applying right before he leaves.

Also my family who honestly have no clue about immigration claim that if we get denied, we are both going to jail and if he is approved the whole process is gonna take 6 years when in the canadian immigration website clearly says that for people from mexico the process takes 14 months.

 

[truesmile]

No SINGLE ONE thing will make the CIC think it's a scam. It's a decision based on the whole package that you submit. Being denied does NOT send you to jail, tell the family to speak of things that they are knowledgeable about.

Sorry, your post begs the question . . . since "he can't afford it", how about you? You're living together already right. He can submit an online application to extend or change the conditions of his visa (depending on the type) 30 days prior to it's expiry and you can "try" (I know it's difficult) to get all your ducks in a row to submit your application quickly (although I don't normally recommend rushing it).

 

[CanadaMex]

No SINGLE ONE thing will make the CIC think it's a scam. It's a decision based on the whole package that you submit. Being denied does NOT send you to jail, tell the family to speak of things that they are knowledgeable about.

Sorry, your post begs the question . . . since "he can't afford it", how about you? You're living together already right. He can submit an online application to extend or change the conditions of his visa (depending on the type) 30 days prior to it's expiry and you can "try" (I know it's difficult) to get all your ducks in a row to submit your application quickly (although I don't normally recommend rushing it).

He has no more money to prove income so if we tried to change his status he will be denied because of this. I work full time minimal wage at walmart, i heard that there is no income requirements for spousal so we are fine with that.

So if we get married before he leaves, will we s have a chance to get approved? we have pictures together, facebook chat conversation for when we started dating,etc.

 

[truesmile]

Can't speak for CIC and the Mexican VO, but I'd say "yes" there's a definitely a chance. Have as many family members attend the wedding as possible and take lots of pictures of that and any sort of reception that you have (even if it's just dinner at a restaurant).

 

[CanadaMex]

Can't speak for CIC and the Mexican VO, but I'd say "yes" there's a definitely a chance. Have as many family members attend the wedding as possible and take lots of pictures of that and any sort of reception that you have (even if it's just dinner at a restaurant).

apparently my dad talked to someone who "knows" about it, said that we only have 10% of approval. I would like to hear from more users!!

 

[truesmile]

For sure! And most specifically relevant to you would be other applicants from Mexico. Comparing notes across different VO's has only limited value.

 

[CanadaMex]

Thank you! pretty you dont know how annoying it is that my family are trying to get involved and saying stuff that they have no clue about.

 

[canuck_in_uk]

There are a lot of people out there who think they know what they are talking about when it comes to immigration but in actual fact, most of them don't know a thing.

Show your family this, direct from the Canadian government http://data.gc.ca/data/en/dataset/427337d0-7c36-4fed-8428-c6a63f8c19b3

Download the Dataset. On the first page, at the top where it has a drop down menu saying "All Points of Service", change it to Mexico City. Wait a minute for the spreadsheet to update and it will say "Mexico City" underneath "Applications Processed".

Scroll down to "Family Class - Spouses and Partners" (not the one with children as well). It is currently showing 692 approvals and 73 refusals, which is a 90% approval rating.

 

[CanadaMex]

Thank you so much! my family honestly is so pessimistic about everything. When we told them about the process times their answer was "the government lies in the website" or that my fiancee needs lots of money in order to get approved.

 

[canadianwoman]

Also my family who honestly have no clue about immigration claim that if we get denied, we are both going to jail and if he is approved the whole process is gonna take 6 years when in the canadian immigration website clearly says that for people from mexico the process takes 14 months.

You are certainly not going to go to jail if the application is rejected. Even if the authorities suspected the marriage was fake, it takes a lot more than that for CIC to initiate a marriage fraud investigation, in which case they would be going after the middlemen who arrange fake marriages for money.
It will not take 6 years. Probably a year. It might take 6 years if the visa is rejected, you appeal, lose the appeal, and then appeal it to Federal Court.
But from the sounds of it, you have a genuine relationship and can prove it, so most likely your boyfriend's visa application will be approved fairly quickly. Remeber, the approval rate for spouses from Mexico City is around 90% (not 10%).

Just subit lots of evidence that your relationship is real, and you should be fine. I would also suggest having a big wedding, doing whatever would be traditional in your and your boyfriend's cultures. Not necessary, but showing the visa officer that your relatives and friends know all about your relationship and marriage is good evidence.

 

[Avadava]

Thank you so much! my family honestly is so pessimistic about everything. When we told them about the process times their answer was "the government lies in the website" or that my fiancee needs lots of money in order to get approved.

For your sake and your fiance's, please stop listening to your family. Everything they said so far, sounds like they have no clue about spouse sponsorship.

If your relationship is genuine, you have nothing to fear. You guys have been dating for a year, got engaged and are about to get married. You've spent the whole year in the same country and dating (not like others who have an online relationship - but still succeed because they are a genuine couple).

From what you've said, I see no red flags in your relationships (unless there is a huge age difference you didn't mention). The fact that he marries you before his visa expires, is not a bad thing. I've heard of cases where people married Canadians after a failed refugee claim and were still successful.

Get married and get the application together. It will take a while to gather all the documents and the fee is $1040. And if you have any questions, come to this forum. There are a lot of helpful people around here, who are in the same situation as you - they are sponsoring their foreign spouse. There is even a thread specifically for Mexican nationals, and I'm sure you'll find lots of support there.

And did I mention, stop listening to your family and maybe try to educate them a bit in this matter? I suggest you read this forum while gathering the documents, you'll learn so much that will help you with the process. And you'll end up giving advice to people here that are new to this process.

Good luck!

 

[Rob_TO]

If your relationship is genuine, you have nothing to fear.

That is not always true, as there are more than enough cases on this very site of genuine couples getting denied PR. Just look in the appeals thread.

There are some red flags in this application. The couple has just gotten engaged, and will be getting married very quickly afterwards (within a month or so I assume). It could also be seen as suspicious that his visa is expiring very soon. To a VO, this could make the wedding seem "forced", and done only for the sake of applying for PR (marriage of convenience).

That's not to say the application would be denied, but the OP needs to be fully aware of the red flag here, and make a strong application accordingly to overcome it.

So i would recommend that after the wedding (which as mentioned above should be as big as possible, with as many family and friends as possible for lots of pictures), the couple gets the following proofs:
- joint chequing account
- joint or supplementary credit card
- life insurance on each other (possibly can do through employer benefits)
- add husband to benefits plan at employer (if possible)
- change status with Canada Revenue Agency to "Married" on their online site
- get some testimonials from family/friends on the genuineness of marriage/relationship

The more tangible proofs that show a true joining of their finances/life, the better. Dating for over a year should make the application a positive decision, but still it's good to make as strong an app as possible.

 

[CanadaMex]

We are going to see lawyer tomorrow and i will tell you guys how it goes!

 

[jomz]

I am sorry for your family not being supportive. I think they may be negative because they fear you are being used for sponsorship. I am not saying you are, sometimes families see it that way, especially family closest to you, as really they just want what is best for you, they fear for you, and they hurt when you are hurt. It may be they act this way too, because you are young (just assuming as no age was posted, but based on him being here on a student visa and you not really financially established it would seem both of you are young). Don't be angry with your parents, sometimes we (adult kids) cannot see what parents see, because we can be blinded by love, infatuation or we could be in relationships with very controlling people, in those cases we accept everything and never question anything, parents who sit on the outside can see things more clearly and often many years later we wish we would have listened to them.

 

[SenoritaBella]

Out of curiosity:
1. how about changing his status to "visitor" and stay with you while it's being processed? Granted he won't be able to work as visitor.

2. how about looking for an employer willing to apply for an LMO(labor market opinion) for him which will enable him get a 'closed' work permit?

It's equally important to have a wedding you guys(and your folks, if they are pitching in) can afford.

If you can, get him to fill his own forms and sign them(or at least sign the signature pages) before leaving. This way, he can send the remaining pages for you to print and assemble the package. It would save you mailing costs.

Sometimes myths and pessimism are borne out of a fear of the unknown. Perhaps your family has heard the horror stories about immigration and naturally, want to be "protective" of you. Anyway, I think it's best to provide them with information as suggested and do your best not to allow this matter alienate you and your folks. Afterall, you want them to be happy being there for you and the Mr. on your special day. Best wishes in everything.