Sponsoring a spouse who was previously rejected

[whatsinaname]

I am marrying a Indian girl who has been married twice before. In her first marriage the husband was canadian citizen. The application for sponsoring the spouse was put up very late (almost 2 years). The application was ultimately rejected after an interview. Apparently the visa officer was not convinced of the genuineness of the relationship. At any rate my lady got a legal divorce from the first husband.
After a gap of about 2 years she married again and both of them went to New zealand on student visa. Unfortunately while on a visit back home the husband was killed in a road accident. She suffered a period of grieving and later on after about 8 months she resumed her studies in New zealand. She has been continuing in New Zealand since then. I intend to marry her and then sponsor her to join me in Canada. My query is will her case be rejected because she has been rejected earlier? Keeping in mind that the first marriage(whose application was rejected by Canadian embassy) ended in a divorce and second marriage took place which lasted for around 2 years and ended due to unfortunate death of the second husband.

 

[McDutch]

With all due respect, i would read the "Love or Opportunity" thread really carefully before you make any life changing decisions.

http://www.canadavisa.com/canada-immigration-discussion-board/love-or-opportunity-t124394.0.html

EDIT: I read your post history and it seems you just became a PR yourself here around 2010?
I am not sure if you are eligible to sponsor anyone until at least 2015

 

[R151NG5UN]

Hey,

They will certainly look at her first marriage and rejected application and it will raise eyebrows so make sure any proofs you send are concrete, infact go the extra mile if you do apply and obtain as much evidence as possible. With regards to her 2nd marriage, I am really sorry to hear that and what a horrible thing to happen to the poor person. If your fiance's 2nd husband was also foreign and not from her home country then once again it will raise eyebrows.

A 3rd marriage again to a foreigner will for sure raise a lot of flags and a 3rd time it becomes a pattern. I guess what is key in this application is was her 2nd husband foreign or a citizen of her home country.

For sure this application will at best take a long time processing but I would expect an interview and also when being interviewed the officer interviewing will more than likely be close to denying the application. As I said, with this application, dont let them doubt you, send as much evidence as is humanly possible.

Good luck and I wish you well.

 

[MSP2YYZ]

With all due respect, i would read the "Love or Opportunity" thread really carefully before you make any life changing decisions.

http://www.canadavisa.com/canada-immigration-discussion-board/love-or-opportunity-t124394.0.html

EDIT: I read your post history and it seems you just became a PR yourself here around 2010?
I am not sure if you are eligible to sponsor anyone until at least 2015

The OP did not obtain PR through family class, so this rule does not apply to him. Only if they were a sponsored spouse would the waiting period be put in place.

 

[McDutch]

I stand corrected.

Was not aware of that rule.

Disregard my edit OP!

 

[whatsinaname]

Thank you for your responses. I truly appreciate your help.

If your fiance's 2nd husband was also foreign and not from her home country then once again it will raise eyebrows.

The second husband was not a foreigner but from her home country (India) and a born citizen of the same, in fact he was from local region too. I am from the same country as well as cultural group too but I did become Canadian PR in 2010.
I myself have no doubt at all about the genuineness of our relationship and proposed marriage, I have been with her and our families have interacted in the traditional manner (Indian traditional) and all that. My feeling is that if we are truly marrying each other with genuine intentions and if the proofs are valid as well as convincing, the visa officer should not reject the case because she was rejected earlier once. After all, before I came into the scene she had already married again and was staying married with her husband but he most unfortunately died. And the deceased was a local and they both went on student visa to another country together and if fate had willed it so, they would have moved on with their lives on that path and in that country. Canada only comes into scene when I meet her and we both decide to get married.
So does this have any positive affect on the case?

 

[R151NG5UN]

I would say most definitely. There is no pattern then and as you said it is a very very unfortunate thing that happened.

I am truly sorry what happened. As you have explained your circumstances, I would say the only flag that exists in this application is a previous failed application but that can for sure be overcome with good evidence.

Wish you all the best and hope everything works out well for you.

 

[whatsinaname]

I would say most definitely. There is no pattern then and as you said it is a very very unfortunate thing that happened.

I am truly sorry what happened. As you have explained your circumstances, I would say the only flag that exists in this application is a previous failed application but that can for sure be overcome with good evidence.

Wish you all the best and hope everything works out well for you.

Thank you! You do not know how your words have helped me get back into positivity. I was feeling I have encountered a unresolvable hurdle. For a love found so late and after so much of life happening to me as well as to her, I'd rather leave Canada to be with her. But at least I now know that its only a matter of convincing the visa officer that our relationship is genuine. I shall of course take help from a good lawyer, but I now also think that if visa officer talks to me especially face to face, he would be able to 'see' me via my words. In fact I wish they'd call me/us for a face to face, cos then they can see our faces when I and she speaks.

 

[canadianwoman]

I have been with her and our families have interacted in the traditional manner (Indian traditional) and all that.

I think she can be accepted this time, but you will need more proof than usual. The New Delhi visa officers expect a traditional Indian wedding ceremony, especially if the marriage was arranged. So I would include a lot of evidence the two families know each other and approve of the marriage. If it was arranged, then you will need to explain why your parents agreed to you marrying someone who has had two previous husbands, and why her parents agreed to the match as well. If it is a love match, then mention that instead.
Her having tried to go to Canada before will be a red flag. Her having gone to New Zealand might be considered a red flag, but the positive aspect of that is that she did leave and return to India to live.

... if fate had willed it so, they would have moved on with their lives on that path and in that country. Canada only comes into scene when I meet her and we both decide to get married.
So does this have any positive affect on the case?

Yes, I think it does. Just get more evidence your relationship is genuine. As well, have as big and elaborate a wedding as would be considered appropriate in your culture under the circumstances (i.e., the third marriage for the wife).

 

[whatsinaname]

If its a matter of proving to a convincing degree that our marriage is genuine, will it make a difference if the wife is pregnant or if she has given birth when application is sent in? In either case will the waiting for some time or full run of pregnancy be considered a negative by the immi authorities? As I see it, a child is a huge commitment and a proof that the marriage is genuine. Any inputs? I shall make a small list of options here, please bear with me:

1. File for sponsorship after marriage
2. Do not file for sponsorship just after marriage but wait for the pregnancy (which by the way would be the greatest of joys I have had till now) and then apply.(I guess informing authorities about marriage would be a legal requirement, which is to be done right away regardless of whether I sponsor right away or later?)
3. Get married, get her pregnant and wait for the baby to deliver (which of course would be a joy greater than the one mentioned at no 2.) and then apply.

As an after thought, maybe DNA tests to prove that child is mine would be needed as a part of test of genuineness, or am I getting paranoid? Please..any suggestions.... i'd be grateful.

PS- I am not taking pregnancy for granted but I am trusting my love, my karma and mercy of the Almighty on this.

 

[canadianwoman]

If its a matter of proving to a convincing degree that our marriage is genuine, will it make a difference if the wife is pregnant or if she has given birth when application is sent in?

Proof you and your wife have a baby is not considered %100 proof the marriage is genuine. There are appeal cases where the couple had a baby, and they still lost. However, a baby is certainly considered good evidence the marriage is genuine. I would not wait to sponsor her, though. Waiting for no good reason is considered suspicious by CIC. In addition, once she is pregnant she should not have an x-ray, which is required as part of the medical exam, so the pregnant applicant usually has to wait until after giving birth to get the exam and continue processing.

1. File for sponsorship after marriage

This is what I would suggest.

2. Do not file for sponsorship just after marriage but wait for the pregnancy (which by the way would be the greatest of joys I have had till now) and then apply.(I guess informing authorities about marriage would be a legal requirement, which is to be done right away regardless of whether I sponsor right away or later?)

No. At least get the medical exam before she gets pregnant. You will need to do whatever is required in the country where you get married, so if in India you have to register the marriage, do so.

3. Get married, get her pregnant and wait for the baby to deliver (which of course would be a joy greater than the one mentioned at no 2.) and then apply.

No. It will prolong the time before she can come to Canada, and you will then also have to sponsor the child (unless you are a Canadian citizen - there are some exceptions as well.)

As an after thought, maybe DNA tests to prove that child is mine would be needed as a part of test of genuineness, ...

Only submit DNA tests if the visa officer asks for them. They rarely do. If they do, it means they are very suspicious about the relationship and the paternity of the child. Submitting them without being asked would look suspicious in my opinion.

If you sponsor her right after marriage, and she then gets pregnant, you should submit the proof of pregnancy to the visa office (once you have a file number).

 

[truesmile]

... and just a small point no one else has jumped on yet. Getting a "good lawyer" will not help in your abilities to dig up and produce excellent proofs/evidence of the genuineness of your marriage. He may look at what YOU bring to the table and then state his/her opinion. Nor would he be there to assist in the case of an interview. You're a smart guy, you know what looks good/looks bad, otherwise you wouldn't have started this thread. I'd say give it a go on your own and save your money.

Just my three cents.

 

[whatsinaname]

Thank you truesmile! I can see your suggestion is quite the right thing. I am grateful to you for your advice.

 

[frege]

... and just a small point no one else has jumped on yet. Getting a "good lawyer" will not help in your abilities to dig up and produce excellent proofs/evidence of the genuineness of your marriage. He may look at what YOU bring to the table and then state his/her opinion. Nor would he be there to assist in the case of an interview. You're a smart guy, you know what looks good/looks bad, otherwise you wouldn't have started this thread. I'd say give it a go on your own and save your money.

Just my three cents.

Personally, I don't see how getting a lawyer could hurt.

They can help you decide which evidence is useful and which isn't, and may suggest some things that you wouldn't have thought of. They can help you draw attention to the important and convincing points in your application, and help you avoid errors.

Here is an article from the Canadian Bar Association about how CIC inappropriately discourages applicants from getting professional advice:

http://www.cba.org/CBA/submissions/pdf/10-49-eng.pdf

Also, to add to what Canadianwoman said, while there are some cases where a couple which has had a child is rejected, as far as I can tell, this is rare. The birth of a child will normally be considered very persuasive.

 

[whatsinaname]

Since some time after marriage I shall be returning to Canada and she to New Zealand while we wait for the application to be processed, would it be better that we choose Sydney as visa office as she would be there in New Zealand, or should we choose New Delhi? Which one would be better for our particular situation?