need help for Statutory Declaration of common law Union - IMM5409E

[Dk26]

HI,
i am filling form Statutory Declaration of common law Union - IMM5409E for my spouse sponsorship. can someone suggest me for following my concerns:
in my case, i live in USA and my spouse lives in Canada. we got married in India by end year of 2015. we do have legal marriage certificate from india.
my concerns are:
1. do we need to fill (if applicable option) in this form?
2. what should i fill for step-4 in this form
3. what will be name of the person who administered the declaration ?

thanks,
DK

 

[CDNPR2014]

if you are legally married, then you are not applying as a commonlaw couple. Therefore, this form does not pertain to you and you do not have to submit it. this form is specific to couples who are applying as commonlaw.

 

[profiler]

HI,
i am filling form Statutory Declaration of common law Union - IMM5409E for my spouse sponsorship. can someone suggest me for following my concerns:
in my case, i live in USA and my spouse lives in Canada. we got married in India by end year of 2015. we do have legal marriage certificate from india.
my concerns are:
1. do we need to fill (if applicable option) in this form?
2. what should i fill for step-4 in this form
3. what will be name of the person who administered the declaration ?

thanks,
DK

Why do you need a Declaration stating a common-law union. You have a marriage certificate. According to the guide for India: http://www.cic.gc.ca/english/pdf/kits/guides/3904E.PDF (Page: A-2) you only need a Marriage Certificate.

 

[Dk26]

Thanks for your reply.
i have one more question.
do i have to follow country by India - Documents for my application submission or by USA?
i am indian citizen and living in USA on h1b visa holder.

 

[profiler]

Thanks for your reply.
i have one more question.
do i have to follow country by India - Documents for my application submission or by USA?
i am indian citizen and living in USA on h1b visa holder.

I would say India. It would be the country you are a citizen from.

 

[Dk26]

i found following details in CIC site for my previous concern which is whether should i use document checklist by country - India or USA ?

Sponsored relatives must follow specific instructions depending on where they live. To find their region, use the list below.

CIC is saying that sponsored person should follow by where they live as mentioned in CIC site
check part 3 Information guides
http://www.cic.gc.ca/english/information/applications/fc.asp

what should i do ?

 

[CDNPR2014]

i found following details in CIC site for my previous concern which is whether should i use document checklist by country - India or USA ?

Sponsored relatives must follow specific instructions depending on where they live. To find their region, use the list below.

CIC is saying that sponsored person should follow by where they live as mentioned in CIC site
check part 3 Information guides
http://www.cic.gc.ca/english/information/applications/fc.asp

what should i do ?

do you have legal residency in the US for 12+ months? I think this is what CIC uses to determine which visa office the application is sent to. if so, follow the instructions in the guide. it can't be guaranteed your application will process based on your residency, so if it does get forwarded to New Delhi, the visa office will request the additional information needed.

 

[TANMEX]

I would say India. It would be the country you are a citizen from.

It;s where you currently live, not where you were born .

 

[profiler]

It;s where you currently live, not where you were born .

I'd say it would be the country who issued your passport. Ie: where you are a citizen.

 

[Dk26]

i have been living in USA since last 8 years legally and holding legal H1B work permit visa.
I am Indian citizen by born.

 

[TANMEX]

I'd say it would be the country who issued your passport. Ie: where you are a citizen.

it's were you live not your country of citizenship or birth , anyways its up to CIC to decide to which VO his file will go .

 

[profiler]

it's were you live not your country of citizenship or birth , anyways its up to CIC to decide to which VO his file will go .

The guides are about what documents to get from your country, not where your application will go.

 

[TANMEX]

I'd say it would be the country who issued your passport. Ie: where you are a citizen.

bro you need to relax and stop giving people wrong info , if you don't know read and move on .
CIC Cleary indicate to follow the guide of the country where you live .

Part 3: Information guides
Sponsored relatives must follow specific instructions depending on where they live. To find their region, use the list below.

http://www.cic.gc.ca/english/information/applications/fc.asp

 

[Dk26]

here I agree with TANMAX !!

 

[profiler]

From path2usa: http://www.path2usa.com/what-is-h1b-visa

"The H1B visa is an employment-based, non-immigrant visa category for temporary workers. For such a visa, an employer must offer a job and apply for your H1B visa petition with the US Immigration Department. This approved petition is a work permit which allows you to obtain a visa stamp and work in the U.S. for that employer."

That means you do not live there. You are temporarily staying there. You do have the option to apply for a Green Card, but given that you told us you had an H1B, I would assume you don't have a Green Card.