Wedding in US (though none of us American)

[jarajovi]

Hello together,

my boyfriend (Canadian) and I (German) have lived together for 4 years, in Germany - since November 2012, we are both living in Canada.
However - last year we have been separated (we were still a couple) for 5 month, because my boyfriend already went to Canada to find a job and start our life here, while I was finishing my university degree in Germany.

We want to apply for Permanent Residency. Originally, we planned on applying as common-law partners, as we have been living together for 4 years and can prove it.
Through the long separation phase of 5 month, we are not categorized as common-law anymore. So we decided to get married, as we have bee together for 6 years now, so why not?! We could then apply as spouses.

The issue is - we want to send the PR Application as soon as possible, so we have to get married as soon as possible. In Canada, it takes too long, so we want to get married in the USA - the state of New york is just 1 hour from Montreal, where we live.

We wonder now, if it might be a problem for immigration, that we got married in the US instead of in Canada - specially that we both are not American. We are worried that immigration will think "that we just got married for my PR" and if this might be a reason to deny my PR.

As I said before, we have been together for 6 years and we have a long documentation of our relationship, which we will add on to the application.

Does anyone have experience or any idea, how a wedding in the US could affect the application for PR in Canada?

Thanks a lot already, I hope to hear from someone soon

 

[Rob_TO]

Originally, we planned on applying as common-law partners, as we have been living together for 4 years and can prove it.
Through the long separation phase of 5 month, we are not categorized as common-law anymore.

I don't think this is true, as long as you have reached the 1-year point of living together in the past you are locked in as common law, and you don't necessarily need to be living together now.

See here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
After the one year period of cohabitation has been established, the partners may live apart for periods of time without legally breaking the cohabitation. For example, a couple may have been separated due to armed conflict, illness of a family member, or for employment or education-related reasons, and therefore do not cohabit at present. Despite the break in cohabitation, a commonlaw relationship exists if the couple has cohabited continuously in a conjugal relationship in the past for at least one year and intend to do so again as soon as possible. There should be evidence demonstrating that both parties are continuing the relationship, such as visits, correspondence, and telephone calls.

This situation is similar to a marriage where the parties are temporarily separated or not cohabiting for a variety of reasons, but still considers themselves to be married and living in a conjugal relationship with their spouse with the intention of living together as soon as possible.

For common-law relationships (and marriage), the longer the period of separation without any cohabitation, the more difficult it is to establish that the common-law relationship (or marriage) still exists.


Your reasons of school/work are valid reasons by CIC to be apart, and i don't think 5 months is considered a super long time. So there may not be urgent need to get married as you should still be able to apply as common-law.

 

[jarajovi]

Thanks a lot for your fast reply.

The document you're referring to is from 2006, are you sure, it's still the same today?

Because - we saw an immigration lawyer last week, he was the one who made us doubt that we can apply as common-law partners.
He told us, that apparently last year the immigration laws changed a lot and that CIC is much stricter now, as they might have been last year or the years before.
According to him, the 5 month break might lead to a denial of our application as common-law partners.

So we are really insecure now and we don't dare to apply as common-law anymore.

In the IP 2 document from 2011, I ccannot find the related paragraph you referred to above, maybe it did indeed change since?

 

[Rob_TO]

Thanks a lot for your fast reply.

The document you're referring to is from 2006, are you sure, it's still the same today?

Because - we saw an immigration lawyer last week, he was the one who made us doubt that we can apply as common-law partners.
He told us, that apparently last year the immigration laws changed a lot and that CIC is much stricter now, as they might have been last year or the years before.
According to him, the 5 month break might lead to a denial of our application as common-law partners.

So we are really insecure now and we don't dare to apply as common-law anymore.

In the IP 2 document from 2011, I ccannot find the related paragraph you referred to above, maybe it did indeed change since?

From what i've learned reading peoples experiences on this site... lawyers/consultants often don't know what they're talking about and some just give blatantly wrong info. Not saying its the case here... but ask your lawyer for specific example and situations to back up what he's saying, or if this is just some random rumour he's stating with no evidence or personal experience.

What i posted is linked directly from CIC site under "Overseas Processing" (OP): http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

The IP documents are for in-land processing. However even here: http://www.cic.gc.ca/english/resources/manuals/ip/ip02-eng.pdf
For further information on determination and assessment of relationships, see OP 2.

6.5. Family members
Table 18: Family Members
For definitions related to See appropriate manual reference
Common-law partner OP 2, section 6, IP 8 and R2

And at various other points in IP2 and IP8, it also states to look at the OP2 form i linked to, for definitions. If this is the OP current on the CIC site, it doesn't matter how old it is, it is still valid.

IMO you were separated only 5 months specifically due to education and work so i don't why CIC would think it's a big deal. Treat this like a married couple. If a wife had to temporarily leave to attend school for 6 months elsewhere, do you really think the CIC would automatically consider them separated and the marriage over?? Anything less than a year apart, and showing the relationship was still continuing and as soon as school term was finished you moved back together again... should be fine. However it's up to you what to do.

 

[sanidikova]

Hello together,

my boyfriend (Canadian) and I (German) have lived together for 4 years, in Germany - since November 2012, we are both living in Canada.
However - last year we have been separated (we were still a couple) for 5 month, because my boyfriend already went to Canada to find a job and start our life here, while I was finishing my university degree in Germany.

We want to apply for Permanent Residency. Originally, we planned on applying as common-law partners, as we have been living together for 4 years and can prove it.
Through the long separation phase of 5 month, we are not categorized as common-law anymore. So we decided to get married, as we have bee together for 6 years now, so why not?! We could then apply as spouses.

The issue is - we want to send the PR Application as soon as possible, so we have to get married as soon as possible. In Canada, it takes too long, so we want to get married in the USA - the state of New york is just 1 hour from Montreal, where we live.

We wonder now, if it might be a problem for immigration, that we got married in the US instead of in Canada - specially that we both are not American. We are worried that immigration will think "that we just got married for my PR" and if this might be a reason to deny my PR.

As I said before, we have been together for 6 years and we have a long documentation of our relationship, which we will add on to the application.

Does anyone have experience or any idea, how a wedding in the US could affect the application for PR in Canada?

Thanks a lot already, I hope to hear from someone soon

 

[jarajovi]

Thanks Rob_TO, we will reconsider applying as common law

 

[sep24.12]

Thanks Rob_TO, we will reconsider applying as common law

my husband and i got married in the US. i am canadian and he is indian.
We did not have any problems. The US did ask me questions about why I am getting married there in a strict way..they do not want people going there and not coming back after marriage.
i told them honestly because my husband does not have a canada visa..and i could not go to india, we are getting married in NY and I am a canadian citizen hence i am only going there to get married.. they checked my husband's records if he has always followed rules... They were then fine with it.

I then applied for my husband's PR gathering all pictures etc right after...my application first stage is over.. waiting for second..

as long as you can prove your relationship i do not think CIC will have any problems about why you got married !

i hope this helps!
good luck!

 

[Reflectoman]

jarajovi,

not sure what the delays could be for marrying in quebec that won't exist in the states, but if its to find someone to marry you .. that is easily arranged. In quebec (since you live in mtl), any canadian citizen and resident of quebec can be designated by the government to act as an officiant for your ceremony and thus can get you married legally in Canada. There are a few forms to fill out, the officiant gets all his documents that he must read over to ensure that all the legal aspects are followed and will perform the legal marriage ceremony. I know this cause i've had the honor of doing exactly that for the marriage of one my close friends. They had a priest do the religious/spiritual portions but since the priest was from the states she couldn't marry them in canada, i stepped in after her to do the legal ceremony and the actual saying of the vows.

they had a small ceremony up on mont-royal park (reception in the Smith house, but ceremony on the secluded area at the top of the stairs in front of the smith house).

You can get more details about having an officiant here, http://www.justice.gouv.qc.ca/english/publications/generale/celebrant-a.htm

 

[jarajovi]

Thanks for all that info, it really helps us to consider our next steps.

sep24.12 - good to hear your experience from your marriage in the US. Good luck to you too!!