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Spousal sponsership question

Pcc11

Newbie
Feb 23, 2013
3
0
Hello,
I would appreciate if someone could tell me how long would it take for my husband to get spousal visa if I apply from Canada. We got married 3 months ago in India, he is an indian citizen and I am a canadian citizen. This is his second marriage, he got divorced from his first wife last year and has all the divorce documents etc. Would his divorce be considered a RED FLAG? and cause any delay for getting a visa?
Our marriage was done properly with many relatives and friends. We had an engagement, wedding and then a reception It is not an arranged marriage. I met him through my cousin at a wedding in India 2 years ago. I have tons of pictures of all the wedding functions and many relatives that traveled from Canada and USA for our marriage in India. I also have lots of proof of relationship with him like phone logs, emails, chats, skype and trips that we took together before our wedding. But I am a little worried, as to whether visa officers will question him about us as he was previously married and this is my first marriage.

Do you think I should hire an immigration lawyer for this??

Thanks!!
 

frankinto

Star Member
Mar 15, 2009
101
10
Toronto
Category........
Visa Office......
CPP-Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
09-07-2012
Interview........
Waived
Passport Req..
06-02-2013
VISA ISSUED...
13-04-2013
Hi there,

Divorce is not a problem as long as you have all the papers and the marriage was valid; you will need a marriage certificate or the equivalent, as well as English translation of those documents if they are not in English.

I think many people here would say that using a lawyer for a sponsorship/permanent resident application would be a waste of money. You can do it yourself if you are careful to follow all of the instructions carefully and include everything they are asking for. If you have any questions, I am sure many people on this great board will be pleased to help.

Good luck!
 

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
Pcc11 said:
Hello,
I would appreciate if someone could tell me how long would it take for my husband to get spousal visa if I apply from Canada. We got married 3 months ago in India, he is an indian citizen and I am a canadian citizen. This is his second marriage, he got divorced from his first wife last year and has all the divorce documents etc. Would his divorce be considered a RED FLAG? and cause any delay for getting a visa?
Our marriage was done properly with many relatives and friends. We had an engagement, wedding and then a reception It is not an arranged marriage. I met him through my cousin at a wedding in India 2 years ago. I have tons of pictures of all the wedding functions and many relatives that traveled from Canada and USA for our marriage in India. I also have lots of proof of relationship with him like phone logs, emails, chats, skype and trips that we took together before our wedding. But I am a little worried, as to whether visa officers will question him about us as he was previously married and this is my first marriage.

Do you think I should hire an immigration lawyer for this??

Thanks!!
Was he divorce when you met or did he divorce after your relationship began?
 

Pcc11

Newbie
Feb 23, 2013
3
0
amikety said:
Was he divorce when you met or did he divorce after your relationship began?
He was separated when I met him, and he got divorced after our relationship began..I was in a relationship with him for 2 years..before we got married (which happened after he got legally divorced).
 

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
Pcc11 said:
He was separated when I met him, and he got divorced after our relationship began..
If he has legal proof of the separation it's best to include that.
 

Pcc11

Newbie
Feb 23, 2013
3
0
frankinto said:
Hi there,

Divorce is not a problem as long as you have all the papers and the marriage was valid; you will need a marriage certificate or the equivalent, as well as English translation of those documents if they are not in English.

I think many people here would say that using a lawyer for a sponsorship/permanent resident application would be a waste of money. You can do it yourself if you are careful to follow all of the instructions carefully and include everything they are asking for. If you have any questions, I am sure many people on this great board will be pleased to help.

Good luck!
Thanks Frankinto! appreciate the reply!
 

Greatness

Full Member
Apr 3, 2013
40
1
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
April 3,2013
Doc's Request.
January 31 2013 RCMP requested
AOR Received.
24/4/13
Med's Done....
February 4,2013
Passport Req..
Soon
VISA ISSUED...
Soon
LANDED..........
Hoping this yr
I was worried too cause I only know my husband for 1 yr 4 mths ! We have pic of dates and my bridal shower and the wedding , the reception !! And I'm still worried . We love each other and I think that's way should matter
 

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
Greatness said:
I was worried too cause I only know my husband for 1 yr 4 mths ! We have pic of dates and my bridal shower and the wedding , the reception !! And I'm still worried . We love each other and I think that's way should matter
The good news is you're living together. I only knew my husband for 20 months when we got married. The important part is you spend time together in person before getting married.
 

mmro

Full Member
Apr 10, 2013
46
1
What if, say, the sponsor was married but [NOT LEGALLY] separated when he and the immigrant met. The former relationship was over, just not "on paper". The divorce took place almost two years before the new marriage and the sponsor and the sponsored person had been living together even before that divorce, for years?

What I mean, is that the relationship was genuine - proven by photos, dating years back before the divorce to finalize the previous marriage took place.

Would that cause concern for the visa officer? Even if there are photos attached showing the relationship existed before the divorce?
 

amikety

VIP Member
Dec 4, 2011
4,905
143
Calgary
Category........
Visa Office......
CPP-O
Job Offer........
Pre-Assessed..
App. Filed.......
15-01-2013
AOR Received.
2-2-2013
Med's Done....
12-10-2012
Passport Req..
9-07-2013
VISA ISSUED...
7-08-2013
LANDED..........
7-08-2013
mmro said:
What if, say, the sponsor was married but [NOT LEGALLY] separated when he and the immigrant met. The former relationship was over, just not "on paper". The divorce took place almost two years before the new marriage and the sponsor and the sponsored person had been living together even before that divorce, for years?

What I mean, is that the relationship was genuine - proven by photos, dating years back before the divorce to finalize the previous marriage took place.

Would that cause concern for the visa officer? Even if there are photos attached showing the relationship existed before the divorce?
Where I lived in the USA, there was no such thing as "legal separation" so I met my husband while still married to my ex-husband. However, I had proof we were separated - emails between us discussing me moving away, the lease on our apartment and how to handle turning off the utilities since they were in my name, etc. Honestly, I didn't even think about it. I don't think I bothered to even tell CIC when my ex-husband and I separated.

I'm sure you will have something for proof they weren't together. You two living together is good proof! You might also be able to get an address search run of the ex-spouse showing s/he lived at a different address at the time you two were living together. If the sponsor is still friendly with the ex, maybe the ex could even write a letter stating when the relationship ended.

I wouldn't worry about it too much unless you're going through a very conservative visa office.
 

papirico

Star Member
Mar 17, 2013
123
1
An immigration lawyer receives no special treatment from CIC. Nor does it give you any priority. They're no magicians either.
 

Greatness

Full Member
Apr 3, 2013
40
1
Category........
Visa Office......
Vegreville
Job Offer........
Pre-Assessed..
App. Filed.......
April 3,2013
Doc's Request.
January 31 2013 RCMP requested
AOR Received.
24/4/13
Med's Done....
February 4,2013
Passport Req..
Soon
VISA ISSUED...
Soon
LANDED..........
Hoping this yr
It should matter ! All u need is to prove that it's real and ur good to go