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Really need helping advice - almost desperate

Suin

VIP Member
Sep 14, 2008
4,037
285
Ontario, Canada
Category........
Visa Office......
CIC Etobocoke, H&C Grounds
Job Offer........
Pre-Assessed..
App. Filed.......
24-03-2014
File Transfer...
31-07-2014
Med's Request
09-12-2014
LANDED..........
24-02-2015, PR Card Received: 02-04-2015
Good day to everyone,
I've got a sister who has been engaged with a Canadian citizen for about a 6 months period. They met on-line 3 & a half years ago. I can personally proof the evidence how their relationship was developing & how close they had been getting each month of their cyber friendship.
They never met each other in person, but they used the webcam & msn messenger to keep in touch, so they could easily know who they talk to on daily basis.
There was a time when their cyber relationship went to another more close level & they were ready to start a relationship in real time. She well knew that from her country it would be very difficult to get visitors visa to Canada, so after mutual consideration they decided that she would apply for the PR status by Skilled Worker Class. She had all chances to have it successful. So she filed the application in summer 2008, but after the new 38 Ministerial list was issued she realized that she was not in the list. She asked for the withdrawal. Early in 2009 her on-line status was changed to the Decision Made & soon she received a letter from the local Visa Office saying that due to the new regulations her case could not be proceeded & the refund would be made.
He offered her to become his wife - this offer was from his heart, not for getting her a PR status. He suggested her to get a visitors visa to travel to see him in Canada, so as they could marry. But sure after that failed PR application due to the new regulations, there would be a strong chance that her guest visa application could be denied too.
So they decided to go different way. There was no problem for her to receive an open multi entry visa to the United States & travel there to meet him. They met & wanted to try to cross the border from the US side to Canada. But in the local US Visa Office they denied her visa application twice in a row on the reason of that the Officer would not be satisfied with that she intended to leave Canada after spending some time with him. I guess they made a big mistake saying that she wanted to visit him in Canada as a friend. But they also thought that saying that they were about to marry in Canad could do it even worse.
The reason why he wanted to marry her in Canada was that they planned a big wedding ceremony with all his relatives & friends present. His Father is seriously ill, & he cannot go out of the country to be present on his only son's wedding ceremony outside the country. But it was his last wish to see his son getting happily married.
After two denials they got so desperate, that they could consider that there could be the only way for them to be together if they could marry in the United States.
Could anyone advise whether it is possible to have another application for the guest visa filed after they marry in the States? What chance of being denied again? Or what is the possible way of eliminating the chance of being denied? Any suggestion is valuable.

The situation of is almost desperate, as they both made a mistake & now experiencing all the outcome of it.
Please do advice.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,321
Job Offer........
Pre-Assessed..
If she's already been denied to visit Canada, it's hard to get approved. They can marry in the states, start a sponsorship outland and then try to apply for her visit visa based on that she is applying outland and will have to leave again if they call her for an interview.
 

Suin

VIP Member
Sep 14, 2008
4,037
285
Ontario, Canada
Category........
Visa Office......
CIC Etobocoke, H&C Grounds
Job Offer........
Pre-Assessed..
App. Filed.......
24-03-2014
File Transfer...
31-07-2014
Med's Request
09-12-2014
LANDED..........
24-02-2015, PR Card Received: 02-04-2015
but hard it does not mean that banned.
she is still in the States. And after their marriage ceremony they would like to apply for two weeks temporary visa to Canada just to perform the ceremony in church. as I mentioned - his father is seriously sick at the moment, & he's afraid that there's no chance for him to see his only son getting married in church after 6 months minimum approval period. please do advise whether it can help? that is a true story - there's no fake in it.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,321
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Pre-Assessed..
Outland sponsorship approval does not take 6 months, it takes 35 days but you are right, she is not banned, they can use every angle to try to apply. Maybe they should talk to an immigration lawyer about he best angle. My idea is only one option.
 

RobsLuv

Champion Member
Jul 14, 2008
1,838
127
124
Ontario
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
Original:14Mar2007; Reprocess began after appeal:26Apr2010
Doc's Request.
Original:9May'07; Reprocess:7May'10
AOR Received.
Original:28Apr'07; Reprocess:26Apr'10
File Transfer...
n/a
Med's Request
Reprocessing:7May2010
Med's Done....
Jun2010
Interview........
n/a
Passport Req..
30Nov2010!!
VISA ISSUED...
31Dec2010!!
LANDED..........
31Jan2011
Leon said:
Outland sponsorship approval does not take 6 months, it takes 35 days
Outland sponsorship does NOT take just 35 days - that's just the first stage of the process where the sponsor is approved. After that the application goes to the overseas visa office where the applicant is assessed, and that process takes 4-9 months. So you're looking at a total of 5-10 months for her to be approved for permanent status. Before she has permanent status she has to get a visitor visa to enter Canada - if she is from a non-visa-exempt country. That requirement will not change just because she marries a Canadian citizen - in fact, it will be harder for her to get a temporary visa once she's married to a Canadian because she still be not be able to prove that she will actually leave Canada at the end of her authorized stay. Most visitor visas for spouses are refused - for all the same reasons she has previously been refused. They know she has a romantic relationship with a Canadian and, therefore, they will never believe she intends to leave him behind and go back home again.

It's too bad about his father being ill and wanting to see his son married in the church - but CIC won't care. They need not to waste any more time trying to get her a visitor visa so they can marry in Canada - they need to just get married in the States and get that PR application on file in the hopes that it will be approved quickly and then she can come to Canada and have their church wedding. The hope of marrying in Canada now is a lost cause.
 

Leon

VIP Member
Jun 13, 2008
21,950
1,321
Job Offer........
Pre-Assessed..
RobsLuv said:
Leon said:
Outland sponsorship approval does not take 6 months, it takes 35 days
Outland sponsorship does NOT take just 35 days - that's just the first stage of the process where the sponsor is approved.
Hello!?! That's what I said. The sponsorship approval takes 35 days. The PR approval takes additional months in the home country of the spouse. However, some people have advised by their embassies to apply for TRV for their spouse after the sponsorship part of the application has been approved and have gotten it.