Should we just get married?

[CaroM8]

I've mentioned this in another posts but I thought I'd make another posts as this is an entirely different question..

If you haven't read any of my other 3000 posts, here is the back story.

I am a Canadian citizen, boyfriend is from Guatemala. We have been together since November 2014, but living together since January 2015. We initially started our application as common law. I thought our case was pretty simple, but as I am learning new things, now I have doubts. The only physical proof that we can provide that we have been living together for at least a year are witness testimony, along with receipts and tickets of us traveling together (Canada and Guatemala). When living in Guatemala, we live with this parents, so no lease. In Canada, we subleased an apartment which was done pretty unofficially (paid cash for rent) so nothing there either. I've always kept my official address as my father's in Canada. We don't really have any legal documents with same address/both names, I guess we are pretty flaky in that sense lol.

Here is my question. My boyfriend has a multiple entry TRV already. We were in Canada together for 6 months last year. We are planning a quick visit to my family in Canada in April. What if we got married while we were there? Would the burden of proof of our relationship be somewhat reduced? We would still provide every piece of information we have, along with the witness testimonies and things like that. Would the fact that we are legally married make this process and proving thing any easier?

Thanks in advance for your input!!

 

[Rob_TO]

Would the fact that we are legally married make this process and proving thing any easier?

Definitely.
With no leases, pretty much no actual proof whatsoever that you lived together, and your official address as part of the qualifying time at another address completely, I'd say there was a very good chance your common-law app would have been rejected anyways.

I would definitely get married instead.

If you do continue with common-law, I would not count the time living in Canada since you can't prove it. I would have his parents create an official rental agreement for you, and only count the time there for the 12 months required.

 

[CaroM8]

Definitely.
With no leases, pretty much no actual proof whatsoever that you lived together, and your official address as part of the qualifying time at another address completely, I'd say there was a very good chance your common-law app would have been rejected anyways.

I would definitely get married instead.

If you do continue with common-law, I would not count the time living in Canada since you can't prove it. I would have his parents create an official rental agreement for you, and only count the time there for the 12 months required.

Thank you for your answer!

We can still prove that we were in Canada together with travel itineraries and pictures..Not enough right?
The more I think about it, an impromptu wedding sounds like our best bet...

 

[Rob_TO]

Thank you for your answer!

We can still prove that we were in Canada together with travel itineraries and pictures..Not enough right?
The more I think about it, an impromptu wedding sounds like our best bet...

Just being together in Canada is not enough. You need proof that you lived at the same address together. So a joint lease, mail delivered to each of you at same address, same address on any accounts, joint bank or credit card accounts, etc.

 

[CaroM8]

Yeah we definitely don't have anything like that..

If we do get married while in Canada, that kind of proof is not needed anymore? As is same address type stuff...

Also, if we go ahead with this.. Is it ok for my partner to say that he is coming in to get married, when he goes through customs and immigration? Or is that a red flag for them?

 

[Aquakitty]

I don't think you'd get outright refused, at worst you would get a request for more documents. Now whether you could provide those is another issue, then you'd be stressed out wondering if it was enough, and he could possibly end up with an interview adding even more to the processing time. I suppose you could get married after sending the common-law app and then add that info to your application, but why complicate matters.

Getting married would certainly reduce the amount of proof you need, since you just have to prove you have a genuine relationship rather than the additional 1 year common-law proof.

As long as you are sure you want to get married, that's the way to go. Another month wait is no big deal.

I'd not suggest he say he's getting married, just visiting his g/f is good enough(unless they outright ask), just make sure he's not carrying wedding invitations and corsages in his bags, lol.

 

[CaroM8]

Thanks for your response Aquakitty!

We indeed do want to get married; the original plan was to get PR and then start planning. But if getting married now, makes it easier to get PR then we might just do that. We are lucky enough that I am able to live with him in Guatemala until we figure this out, and with his TRV we can come here every few months to visit my family.

Once married, the proof that our relationship is genuine is the same right? As in photos together, chat logs, family support, travel tickets etc..?

 

[Rob_TO]

Also, if we go ahead with this.. Is it ok for my partner to say that he is coming in to get married, when he goes through customs and immigration? Or is that a red flag for them?

He doesn't need to disclose this info, but should tell the truth if asked. It's not illegal for a visitor to get married in Canada so don't need to hide it if asked.
More important is convincing CBSA he doesn't intend to stay forever or work illegally. So make sure he has a return flight ticket, funds to support his stay, and any ties back to Guatemala (ongoing employment, residential lease, etc).

Once married, the proof that our relationship is genuine is the same right? As in photos together, chat logs, family support, travel tickets etc..?

Yes. Except with a marriage CIC will want to see details of the wedding, wedding photos, what family went to the ceremony/reception, etc. Usually the longer you are in a relationship, the more you can get away with in terms of having a small wedding or even just a courtroom marriage with limited family/friends attending.

 

[CaroM8]

Thanks Rob! I really appreciate all the info.. It looks like were gonna have to go down this road since we've been so flaky with documenting ourselves. I guess it just never occurred to us; just thought CIC would take our word on it! haha
Maybe because getting the TRV was super easy, we had it in our minds that PR would be the same.. duh!

 

[Ponga]

Since you will be delaying your application (wise choice), be sure to check the CIC before you submit, in case they have updated any of the forms.

 

[CaroM8]

Thanks for your reply Ponga (and the one on my other topic )

Dear BF has been away for work since Friday night, he is returning this afternoon. Let's see what he thinks of the new plan, haha

I'll keep you guys posted

 

[CaroM8]

Oh by the way..

Is there a minimum amount of time after getting married that you have to wait before applying for PR as a married couple?

 

[MilesAway]

No. You can apply as soon as you have the required documents.

 

[CaroM8]

Thanks guys! Looks like I'm planning a wedding then

 

[canus77]

Anything that might be proof at all would count. Can his parents write affidavits stating you guys lived there for 'x' amount of time? Same as the other place you stayed together?
It's less official than a lease, but it should all help.

I would absolutely not mention getting married as he crosses the border.. they will see that is another reason for him to stay in Canada.
It was a long time ago, so I don't recall where I read some legal info on coming in to the country to get married.. highly advise against it.
It would be best if he has a return flight (or something) arranged each time he crosses into Canada, that will prove he intends to leave..
I myself have been denied crossing - you don't want to go through that ordeal! (MONTHS of it).