Couple questions due to an emergency...

[Mushroom]

Hi all,

We were planning on getting married in Canada, however, due to a medical emergency with my fiancee, she will have to fly back to south korea for hospital care. Due to this unexpected turn of events, we decided that we should get a simple city-hall marriage here first before she goes to korea, then we can hold a formal marriage at korea in a couple months. Now we have a couple questions regarding our decision:

1. When she is returning from korea, is a marriage certificate (received from the marriage at city hall) enough to receive a 1 year visitor visa?

2. Is this the recommended path to take? Would it look suspicious at all to have a city hall wedding here and a proper wedding in korea?

3. Since we did not expect this turn of events, what advice can you provide for completing the application while apart?

Thank you in advance for taking the time to answer some of our questions, and sorry if some of the questions seem incoherent as we are in a hurry to gather as much information as we can. Also to make sure that before she leaves, we do all we can to make sure we do not mess up any part of this important process.

Thank you again,
Mushroom

 

[Baloo]

Sorry that you have a problem.

1. It is not likely to be enough. Being married to a canadian offers no extra rights.
In many cases when spouses are abroad, they are not given TRV's.

2. I guess that it would raise a few red flags.

3. You should plan for a long distance relationship.


There are no guarantees in the immigration game.

Have you applied for PR yet, or were you going to do this after getting married?

What visa did your partner have that allowed her entry to Canada this time, visitor, work, educational ?

 

[RobsLuv]

Actually, I respectfully disagree. The answer to question #1 is dependent on whether your wife is a visa-exempt foreign national. If she is visa-exempt and does not need a TRV to come to Canada and you are accompanying her on her return, proof of your legal marriage, proof that you are applying (or have already applied) to sponsor her, and proof that you have the means to support her go a long way towards getting her temporary status to remain with you while the PR ap is processing. There are quite a few considerations to this, though - among them, whether you will apply outland (through her country's embassy), or inland and have everything processed within Canada. If you apply inland, you can't submit the application until she's back in the country, you will have no right to appeal a refusal, and she will need to remain in Canada for the duration of processing (12-18 months). If you submit an outland application, it's still possible for her to be in Canada with you as a visitor, but if an interview is required, she'll have to go to the overseas embassy to attend - and, again, when her passport is requested, it's likely she will have to take it there. She wont' be able to submit her passport within Canada for an outland ap, and many countries do not allow their passports to be shipped over international borders.

Second question: I disagree that a city hall marriage, followed by a "proper" wedding in Korea, is a red flag to a non-genuine marriage. We had a city hall wedding that was not followed by anything else - even a honeymoon. That was our circumstances at the time. You prove your "genuine" relationship through a lot more than just how you marry.

Third question: you can prepare and submit all of the forms while she's away if you apply outland. As soon as you are legally married, you're able to submit the ap. You don't have to wait until you're back together. You will want to be sure to also submit the proof of medical examination, though, and her police clearance(s) from any countries she's lived in for more than 6 months since turning 18 years of age (excluding Canada). Not sure if the current emergency medical issue will preclude her from undergoing an immigration medical exam before she leaves, but she can get one done in her home country also, and being there should help facilitate her getting her clearances, too. Once all those documents, the application forms and your evidences of your developing and continuing relationship are pulled together, you can finalize the application and submit it . . . again, if you're applying outland. An outland ap will process normally regardless of where she is living or visiting while it's in process.

 

[Siouxie]

Republic of Korea citizens do not require a visa.

Citizens of North Korea do.

http://www.cic.gc.ca/english/visit/visas.asp

 

[Mushroom]

Thank you all for taking the time to answer my questions, it's greatly appreciated.

I guess in my hurry to write these questions, I haven't given enough detail regarding our situation.

We have been together for almost 5 years with evidence back from even our first date. We're pretty confident in the amount of evidence that we have to show for being a genuine relationship.

With that said...she is planning to leave on a one-way flight ticket to korea and before she does, we'll be getting married at city-hall and I understand that I'll be receiving the certificate about 8-12 weeks later..is that correct? Also I think we'll be completing/sending the application after our wedding in korea (which will take place this summer)...mostly because at that point we'll have more evidence of a real marriage.

Now the question is after the wedding in korea...and we're returning together to Canada...if we show our marriage certificate (from the city-hall wedding) would that be enough to show that we are in process of a sponsorship application? Or would we have to have some other form of proof?

Also, if I may ask another question, does she need to do a medical in Canada as well? Considering she lived here for longer than 6 months, or just south korea is enough?

For additional notes, if it matters, I am a canadian citizen and she is staying here as a student visa at the moment.

Thank you again.

 

[Patricksgirls]

I dont think you would really have to wait until this summer to send in the app. Just simply state that you did the city hall marriage for the two of you and will later have something in Korea with her family. Providing proof of what you are planning in Korea can be added but a lot of us are planning on getting married in each others countries for family that can't attend and I would say Korea would fit this excuse.

 

[Baloo]

Thank you all for taking the time to answer my questions, it's greatly appreciated.

I guess in my hurry to write these questions, I haven't given enough detail regarding our situation.

We have been together for almost 5 years with evidence back from even our first date. We're pretty confident in the amount of evidence that we have to show for being a genuine relationship.

With that said...she is planning to leave on a one-way flight ticket to korea and before she does, we'll be getting married at city-hall and I understand that I'll be receiving the certificate about 8-12 weeks later..is that correct? Also I think we'll be completing/sending the application after our wedding in korea (which will take place this summer)...mostly because at that point we'll have more evidence of a real marriage.

Now the question is after the wedding in korea...and we're returning together to Canada...if we show our marriage certificate (from the city-hall wedding) would that be enough to show that we are in process of a sponsorship application? Or would we have to have some other form of proof?

Also, if I may ask another question, does she need to do a medical in Canada as well? Considering she lived here for longer than 6 months, or just south korea is enough?

For additional notes, if it matters, I am a canadian citizen and she is staying here as a student visa at the moment.

Thank you again.

More info is always good.

With all that evidence and a marriage certificate - it should be far easier I originally commented.
I would certainly gather your information to send in the app' sooner rather than later.
You could also pay the PR application fees in advance and carry the receipt.


The medical can be taken in S Korea or Canada, your choice.

 

[Baloo]

Actually, I respectfully disagree. The answer to question #1 is dependent on whether your wife is a visa-exempt foreign national. If she is visa-exempt and does not need a TRV to come to Canada and you are accompanying her on her return, proof of your legal marriage, proof that you are applying (or have already applied) to sponsor her, and proof that you have the means to support her go a long way towards getting her temporary status to remain with you while the PR ap is processing. There are quite a few considerations to this, though - among them, whether you will apply outland (through her country's embassy), or inland and have everything processed within Canada. If you apply inland, you can't submit the application until she's back in the country, you will have no right to appeal a refusal, and she will need to remain in Canada for the duration of processing (12-18 months). If you submit an outland application, it's still possible for her to be in Canada with you as a visitor, but if an interview is required, she'll have to go to the overseas embassy to attend - and, again, when her passport is requested, it's likely she will have to take it there. She wont' be able to submit her passport within Canada for an outland ap, and many countries do not allow their passports to be shipped over international borders.

Second question: I disagree that a city hall marriage, followed by a "proper" wedding in Korea, is a red flag to a non-genuine marriage. We had a city hall wedding that was not followed by anything else - even a honeymoon. That was our circumstances at the time. You prove your "genuine" relationship through a lot more than just how you marry.

Third question: you can prepare and submit all of the forms while she's away if you apply outland. As soon as you are legally married, you're able to submit the ap. You don't have to wait until you're back together. You will want to be sure to also submit the proof of medical examination, though, and her police clearance(s) from any countries she's lived in for more than 6 months since turning 18 years of age (excluding Canada). Not sure if the current emergency medical issue will preclude her from undergoing an immigration medical exam before she leaves, but she can get one done in her home country also, and being there should help facilitate her getting her clearances, too. Once all those documents, the application forms and your evidences of your developing and continuing relationship are pulled together, you can finalize the application and submit it . . . again, if you're applying outland. An outland ap will process normally regardless of where she is living or visiting while it's in process.

Valid points and we can all disagree if need be.
Let me explain why I said what I did.

On item 1 - I assumed incorrectly that the lady was not Visa exempt.
On item 2 - My point was that a quick marriage in Canada would raise a red flag, I doubted that getting married again elsewhere would help change that.
I also got married in city hall, to me it was still a marriage. Like you said, "genuine" is not about how you get married, it is much more.
If the lady had been refused a TRV (see assumption in 1) then the likelihood would be further refusals until a satisfactory PR app'.


Is there a theoretical option here that would allow her back into Canada, on the student visa she holds?
I know she does not need it.

 

[canadianwoman]

With that said...she is planning to leave on a one-way flight ticket to korea and before she does, we'll be getting married at city-hall and I understand that I'll be receiving the certificate about 8-12 weeks later..is that correct?

People often get it quicker than that, but it could be that long.

Now the question is after the wedding in korea...and we're returning together to Canada...if we show our marriage certificate (from the city-hall wedding) would that be enough to show that we are in process of a sponsorship application? Or would we have to have some other form of proof?

It is not enough. If you have already sent in the application when you get back to Canada, bring the receipt with you.

Also, if I may ask another question, does she need to do a medical in Canada as well? Considering she lived here for longer than 6 months, or just south korea is enough?

She can do the medical anywhere in the world; it just has to be done by a DMP (a doctor approved by CIC). The '6 months' rule is for police certificates: she needs one from every country she has lived in for 6 months or longer (except Canada).