Spouse looking for some answers.

[rigmarole9000]

I'm an American citizen and my spouse (we are a same-sex couple) is a Canadian citizen. We met on the internet about two years ago and formed a relationship last year. I made a short visit in April, and then starting in May, I lived with my spouse and their family almost continuously on a visitor visa, leaving once in July to get a new visitor visa. In August, we married inside Canada. I went back to my family in America a few days ago, afraid that it would be difficult to get another visitor visa, but I really want us to live together. Since then, I've been reading extensively about visas and permanent residency, and I think we're going to apply for my permanent residency as someone outside Canada. I have some concerns and I'm not quite sure where to begin.

Firstly, neither I nor my spouse can afford to live in our own house and we don't currently own anything jointly. Secondly, I don't have very much evidence of our relationship. I have bank statements addressed to me in Canada, my passport shows my visits, and there are family members that can attest to our relationship, but I don't know if it's enough. I hope I'm not in danger of being accused of marriage fraud? I just want to live together with my spouse and we have a strong relationship. Lastly, I was convicted of a "reckless driving" crime about two years ago: the car slipped in the rain and went into a ditch. I hope this won't automatically make me inadmissible?

If anyone has some advice for me, it would help me a lot. I don't know what to expect or what to do.

 

[rhcohen2014]

a) it is not necessary for you and your spouse to live on your own or at all given that you are legally married. Cohabitation is not a requirement for married couples. if you are living with family, they can write letters to cic explaining they are willing to help you until you get on your feet, this is completely normal these days and will not work against your application. There is no income requirement to sponsor a spouse. there are plenty of people who are unemployed who are successful in sponsoring a spouse. The biggest concern for CIC is whether a couple will apply for welfare immediately upon approval, and it's the couple's responsiblity to show that won't happen, either by letters of support from family or proving savings. The required documents of an employment letter and option c form for the sponsor will also help prove low risk.

b) since you are a US citizen, you are visa exempt which means there is a low concern of marriage of convenience. generally, US citizens do not marry canadians out of convenience, so no, you are not going to be charged with that. 1) you are legally married, so your marriage certificate is proof of your marriage. 2) ANY pictures from your wedding ceremony and information about the day (location, guest names, items paid for - no matter how small or big it was), inteneraries for trips spent together, you even screen shots of your social media relationship timeline or records of chats, calls, skype logs, etc. will help prove your relationship. The point is to show it's true and ongoing. Again, since you are married, it is not necessary to prove cohabitation or joint financing. Don't get caught up in needing to supply TONS of proof. As a US citizen, the threshold is low, and it is not necessary to overload the application with relationship proof. Provide quality proof with a clear, understandable explanation of your relationship, and you'll be fine.

c) you would need to find out what "reckless driving" equates to in Canada. if it's a serious crime, then you will need to deal with it. Since it doesn't seem to have been a concern during your border crossings, then my guess it doesn't equate to something serious enough to prove inadmissibility - even though CBSA tends to have a lower bar for admissibility. If it's not a criminal offense, and you were never arrested, detained or found guilty of a crime, then it probably doesn't matter. First you need to see if it comes up on your FBI check, if it doesn't then it doesn't matter.

 

[truesmile]

For what it's worth "wreckless driving" is not just a violation of the Highway Traffic Act, it's an indictable offense under our Criminal Code. It will certainly cause you some problem whether it be criminal rehabilitation that is required or other . . . It also means you have a criminal record.