Sponsoring Fiancee who has a Visitor's visa

[mikd]

Hi

Been a long time lurker of the forums, and I just want to thank all of you for your good advice. I can't however find a thread that can answer my questions. Hence, I decided to post in the hopes that someone may give some sound advice.

My fiancee resides in the Philippines and currently has a visitor's visa to Canada (multiple entry) which expires on Feb 2011. I am a PR in Halifax who will be applying for citizenship next month. We plan on getting married on July 2010 and I plan to get her to Canada via the Family Sponsorship route.

I have a few questions:

1. I plan to submit my sponsor application right after we get married. This is done in Canada, correct?

2. After being approved as a sponsor, we will submit her PR application. I am not so clear on this. Do I submit her papers in Canada (which will then be sent to Manila) or does she submit her papers in Manila?

3. Lastly, can she visit me while in Canada while her PR is being processed? I would really like her to be with me soon after we get married. Is this allowed? What kind of proof do we need to present to show that her papers are being processed?

Thank you, and I hope to hear from you guys!

Cheers

 

[rjessome]

Hi,

First thing you should do is read the information on this link.

http://www.cic.gc.ca/english/information/applications/fc.asp - This is for applications made outland.

ALL of your documents will be sent to CPC-Mississauga. So you send both the sponsorship application and PR application. If you are approved as a sponsor, they will send the PR application to the embassy you indicate. You may also want to consider an inland application. This has some benefits as well as drawbacks. Read the guides here: http://www.cic.gc.ca/english/information/applications/menu-inside.asp

You can also apply to CPC-Vegreville to get her visitor visa extended letting them know you have a spousal application in process. Whatever you decide to do, make sure you are collecting and saving plenty of proof of your relationship. Read through the threads to get an idea of what others have submitted.

Read through the CIC website. It's your best source of information. If you don't understand something, come back and ask.

 

[RobsLuv]

My fiancee resides in the Philippines and currently has a visitor's visa to Canada (multiple entry) which expires on Feb 2011. I am a PR in Halifax who will be applying for citizenship next month. We plan on getting married on July 2010 and I plan to get her to Canada via the Family Sponsorship route.

I have a few questions:

1. I plan to submit my sponsor application right after we get married. This is done in Canada, correct?

2. After being approved as a sponsor, we will submit her PR application. I am not so clear on this. Do I submit her papers in Canada (which will then be sent to Manila) or does she submit her papers in Manila?

3. Lastly, can she visit me while in Canada while her PR is being processed? I would really like her to be with me soon after we get married. Is this allowed? What kind of proof do we need to present to show that her papers are being processed?

As rjessome mentioned, all family class applications are submitted together - the sponsor's application forms and identity docs, the applicant's forms and identity docs, and the supporting proofs of the genuine relationship - to a Case Processing Centre in Canada. If you file an outland application, which will ultimately be processed in Manila, it will go first to the CPC in Mississauga where they assess first your eligiblity to sponsor. If you're approved, they send the application to the office in Manila to assess her part of the application and finalize the process. If you file an inland application, the whole thing goes to the CPC in Vegreville, AB - but the difference is that everything is assessed within Canada. Inland applications take much longer to finalize, and if there is any question/problem with the application, it will be transferred to your local CIC office for processing and become subject to office timelines that are sometimes 1-2 years backlogged.

It's almost always best to apply via the outland route - this can be done even if the applicant is visiting in Canada. The only drawback would be that, if an interview is required, they will have to travel home to attend it- and some countries do not allow passports to be mailed over international borders, so there is the chance that the applicant will also have to go home to finalize the process and then come back to Canada to "land". The other main difference between the inland and outland process is that the inland sponsor forfeits their right to appeal a refusal - and the inland applicant must remain in Canada for the duration of processing because, if they leave and are not readmitted, they lose the application because it has a residency requirement of living in Canada with the sponsor in order to be approved.

As far as your wife being able to visit you while she has an outland PR ap in process - she will be able to do that as long as her multiple entry visa is valid. Once it expires, she may not be able to get another one because, having filed an application for permanent status, she will not be able to convince the assessing officer that it is really her intention to remain in Canada only temporarily. If you are marrying in July 2010 and her visa is valid until Feb 2011, it's possible the application could be finalized before her visa expires, but it would be tight. It's currently taking approximately 30 days for sponsorship approval, then transfer time to Manila, and then they normally finalize in 4-7 months. So you're looking at an average of 5-8 months probably, and her visa will be valid for 7 months after your wedding. So, it could work, or she might have to go back right at the end . . . but it seems as though, as long as there are no complications, she could be arriving home just in time to finalize things and come back to Canada permanently.

You'll want, in that case, to get everything ready prior to your marriage (medicals, criminal clearances [not to be older than 3 months when submitted with the application], and proofs of your relationship, plus all the identity docs, your marriage certification, and proofs of the development and genuine nature of your relationship) so that you can submit the application as soon after the wedding as possible. The better your proofs and the more complete the application when it's submitted, the faster your process will go.

Good Luck and Congrats.

 

[mikd]

Thank you both for your replies. It's more information than I could have hoped for.

What you both said is consistent with some people I've spoken with and with the material I've read. I guess the best route is really an outland application. We won't have any problems proving the relationship so hopefully it will be processed smoothly.

My biggest concern is really her visiting visa. Do you suggest she just tell the immigration immigration officer the truth (that she's visiting her spouse while her outland PR is being processed)? Will that be enough to convince the border officer that she will only be there temporarily until her application is approved? Or should she just say that she'll be there for a vacation? I have a friend who just told the truth, but honestly I think the decision of the officer is very subjective at that point.

Lastly, which document requires me to provide proof of relationship? I don't see it in the application kit.

Thank you.

 

[rjessome]

If I were you, I would apply for the visitor extension to CPC Vegreville rather than risk a border crossing. And YES, be honest with them. Lying is one of the most dangerous things you can do in this process.

Read through the Application for Permanent Residence where it asks for a description of the development of the relationship, etc. This is where they ask you to supply proof to support your claims.

 

[mikd]

Can you explain a bit how applying for a visitor extension avoids the risk of a border crossing? What benefit exactly does it provide?

 

[rjessome]

Ok, if you have crossed the border and are trying to re-enter Canada, the CBSA officer at the border can question your wife. If they don't like the answers they receive or don't believe the documentation to provide is sufficent, the can deny her entry into the country. She will be stuck. At least when you do a written application, you have time to prepare it, include all of the relevant information and documentation, and submit it before the former visa expires. Until you receive a response from them, your wife remains under "implied status" meaning she is legally allowed to be in the country until they make a decision. If they don't approve her, she is given a time frame in which to leave the country which will give you a little time to prepare.

Neither way is a guarantee of approval. No one can give you that. I just believe one is safer than the other and the LIKELIHOOD of success is greater. Your wife is not from a visa-exempt country which seems to make a difference as well at the border although I've heard of difficulties in those cases as well.

This is just my personal opinion of what I would do in your case. Others may disagree but it's my two cents. Good luck.

 

[mikd]

Thanks again for the response.

Just a quick follow-up/clarification --

When we get married in the Phillipines, she can technically go back to Canada with me by virtue of her visitor's visa, right? And then we mail our papers (sponsorship app+PR app) together in canada?