Sponsoring Spouse, a few questions requiring answers please...

[Mushroom]

Hi everyone,

I'm a Canadian citizen and my fiancee is from South Korea and is on a student visa. We just have a few questions that we'd like answered and if someone could help us out, we'd be very grateful.

1. Her student visa is expiring in about 2 months, is it possible to finish the application as well as marriage (hold a bigger, proper wedding later but do a small cityhall wedding for now and mention that the proper wedding will take place later?). The reason we ask this is because, if possible, we'd like to avoid her extending her student visa again as this would be her 4th extension on student visa. Are there any other options here, perhaps visitor visa? Would that be possible and what kind of duration length would they give?

2. Related to the above question, 4th extension for a student visa, is it possible to get rejected due to the numerous times she applied already? Also, if it does get rejected, what kind of recourse does she have? Can she at that point, apply for visitor visa or reapply for student visa?

3. Background check/Police check for her...how would we go about this? Is it done in her country or is it done in Canada? She stayed for several years here in Canada.

Thank you in advance for any advice you can provide. This forum seems to be full of knowledgeable members and although I have read a lot of topics here, I'm hoping I can receive a clearer answer to some of my questions. Thank you.

 

[waitingintz]

Hi mushroom

I don't have answers for all your questions...

First, while you can get married and submit the application within a month, you definitely can't complete an application within a month because even the absolute fastest outland applications will take at least a month just for first stage approval of the sponsor and then most likely at least another 2 months until everything is finalized. Also, you have to be very careful with things like that because - I don't know the history of your relationship - it may end up looking like a marraige for purposes of immigration in which case it will very likely be rejected.

Second, I don't know the policies around student visas but I would assume immigration always has the right to reject someone... though if she's still a student then I guess student visas are designed to allow people to complete their studies before they get kicked out.

Third, I believe South Koreans are allowed in on tourist visas without much hassle so she can wait out the application on a tourist visa (though of course, if it expires and she has to leave and return they always have the right to reject her if you can't prove she'll leave again)

Fourth, she'll need a police check for every country she's lived in for over 6 months so she will need one for Canada and for South Korea and anywhere else. Check the immigration website for information for each country or also check the South Korean embassy for more info.

 

[Charlissimo]

I am in the exact same boat as you buddy. However we got married in South Korea and she's here as visitor. Anyways, yeah she's going to have to do a criminal check in Canada and Korea. She can get her parents to do the criminal check from Korea as she does not have to be present. She will also have to do the medical examination, which can be done here in Toronto also.

 

[bilawal]

i am living in Pakistan and my wife who is my cousin she is living in Canada. by birth.and our marriage is done on telephone..she send me sponsorship papers.

i want to know some questions...
my wife is sponsoring me..i want to know that my wife can be also representative of me..

my 2nd question is !!
i want to know that a representative and Sponsor can be ??

and 3rd question is!!
does telephone marriage is acceptable in Canada.

i shall be very thankful to you...

 

[Mushroom]

Thank you waitingintz, and Charlissimo for the informative replies. As for bilawal, I would appreciate if you could perhaps start your questions in your own thread?

To clarify, me and my fiancee has been together for just over 5 years and thanks to the replies, I am now a little more clear on what to do in regards to some of the steps in the process, thank you.

I just have another question that came up and I was wondering if outland is the preferred method (considering it's South Korea, as I see it is a rather fast turn-a-around? 6 months as listed on website), or is inland preferred? Is the appeal process easy to do and is it effective at all if it were to be rejected (though with all the documents we have, I doubt it, but one can never be sure).

Thank you in advance again.

 

[canadianwoman]

Your wife can also be your representative.
Marriage by telephone has been accepted for immigration purposes in the past. If it is acceptable in your country, Canada will accept it.

To clarify, me and my fiancee has been together for just over 5 years and thanks to the replies, I am now a little more clear on what to do in regards to some of the steps in the process, thank you.

I just have another question that came up and I was wondering if outland is the preferred method (considering it's South Korea, as I see it is a rather fast turn-a-around? 6 months as listed on website), or is inland preferred? Is the appeal process easy to do and is it effective at all if it were to be rejected (though with all the documents we have, I doubt it, but one can never be sure).

Outland is almost always better. South Koreans can come to Canada to visit without a visa, so no problem visiting while the app is in process. Plus outland is generally much faster than inland. The appeal process takes a long time - many wait more than a year for the appeal to be heard. But about half of rejected spousal sponsorships are overturned on appeal, so your chances of winning are good.