Getting Married in HK

[Gweilo]

Here it is in a nut shell.

Met my fiance in Montreal about a year ago, 3 months later she returned to HK, 2 months after that I came out to China (Mainland). Working as English teacher.
Been in China for 7 months, have a new visa for 1 year (Jan 2013).
We were on the phone daily when apart (have phone records/ bills). Have pix of us in Montreal and Toronto.
I paid for her divorce. Divorce papers been drawn up in (Toronto) Canada for her HK marriage, long dissolved. My name appears on at least one affidavit not to mention I have the receipt for payment of divorce proceedings.
She still lives in HK I on mainland. Have several pix of us in China and HK. My Canadian passport is riddled with frequent visits to HK.
We plan to marry. Spoke to Toronto lawyer, he advised we get married in HK.
Want to bring "wife" and her 15 yr old daughter to Canada. Most likely settle in Vancouver or Toronto, even if I'm a Montrealer, I have no desire to return there.
Previously my fiance was in Canada on some sort of refuge status ???? Anyways she cancelled her request for a visa or status shortly before we met and as far as I know she cannot re-enter Canada for at least one year. Well that year will be up this summer. I'm figuring this may cause some trouble. But I'm wondering if my living in China for the next couple of years prove we are a real couple and not one of convenience or other wise.


Question: Where do I begin?

Thanks...

I've read quite a lot here recently and in the past. Am Over loaded with info and kind of scared out of my mind. Need a few straight answers to ease the fear.

 

[canadianwoman]

Starting a relationship with a Canadian shortly after a failed refugee attempt does create trouble. It's worse though if she was denied and then quickly married a Canadian. She returned to HK voluntarily, so it looks less suspicious.
In any case, you will just need a bit more proof the relationship is genuine than the average couple.
If she lived with you in China for a year or more, that would go a long way to showing the relationship is genuine, but I'm guessing that isn't an option. How close are you to Hong Kong? And how often do you visit? Document all your visits very well, and all communication with her. As well, one of the hallmarks of a genuine relationship, according to CIC, is the new step-parent having a close relationship with any step-children (as close as possible, given custody arrangements,etc.) So make sure you know a lot about your fiancee's daughter, and try to develop a good relationship with her.
As an example of the latter point, one friend of mine was refused a PR visa because he did not know what grade his step-daughter was in (that wasn't the only problem, but it was one of the main ones mentioned in the refusal letter).

 

[Gweilo]

Starting a relationship with a Canadian shortly after a failed refugee attempt does create trouble. It's worse though if she was denied and then quickly married a Canadian. She returned to HK voluntarily, so it looks less suspicious.
In any case, you will just need a bit more proof the relationship is genuine than the average couple.
If she lived with you in China for a year or more, that would go a long way to showing the relationship is genuine, but I'm guessing that isn't an option. How close are you to Hong Kong? And how often do you visit? Document all your visits very well, and all communication with her. As well, one of the hallmarks of a genuine relationship, according to CIC, is the new step-parent having a close relationship with any step-children (as close as possible, given custody arrangements,etc.) So make sure you know a lot about your fiancee's daughter, and try to develop a good relationship with her.
As an example of the latter point, one friend of mine was refused a PR visa because he did not know what grade his step-daughter was in (that wasn't the only problem, but it was one of the main ones mentioned in the refusal letter).

The refugee attempt wasn't failed. She voluntarily decided to leave, mainly because she missed her daughter and the process was taking too long. I am under the impression that the Cdn immigration officer said that she could not be permitted to return to Can. for one year... is that true?

Proving she lived with me in China will be rather easy actually since I am staying at a home her father owns. I could easily request a letter or contract from him proving I have been renting from him.

I'm in Shenzhen which is just across the river from HK. I frequent HK almost weekly and she comes across quite often as well. She also purchased a car and it stays with me in Shenzhen.

I only have phone records of our calls. Our text messages are cleared regularly. We have several pictures of us though with her family on short vacations in China and through out Shenzhen and HK.

Her daughter will be a problem, since she isn't keen on the idea of her mom having a bf (white or chinese). I did speak to my fiance about the importance of me knowing as much as possible about her daughter. It is something we have been putting together. However if the daughter must be interviewed as well it won't fair well. Her daughter isn't aware (for the moment) that we are planning on getting her a visa to Canada. its her mom's idea, she wouild like her daughter to attend university there. Not to mention, she wants her daughter to be with her when we decide to go to Canada.

One other note I would like to reiterate, is that we have NOT married as of yet. We will marry this summer however in HK. Then I will start proceedings for the visas.

As far as I know my first step is to get all the forms to begin the process????

I hope you guys can continue to help me. I would like this to go off without a hitch .

 

[canadianwoman]

CIC expects the step-parent to have as good a relationship as possible - so if the custodial parent doesn't allow access or the child him/herself doesn't accept the step-parent, well that is understandable. The important thing is that you tried and that you do in fact know a lot about her and her life.
Financial evidence is also valued highly, so you should try to get a joint bank account with your fiancee, joint credit cards; if you do live together, a lease in both names and both names on any bills; her listed as your beneficiary on insurance; anything like that. Some may not be possible given your circumstances, of course, but try to get some.
Take a look at the forms and see what kind of things they want to see as evidence your relationship is genuine. You haven't gotten married yet, and won't apply for some time, so you have a good chance to make sure your relationship is well-documented.

Look at AllisonVSC's post on the first page of this post:
http://www.canadavisa.com/canada-immigration-discussion-board/proof-of-relationship-docs-email-t96816.0.html;msg1292790#
She talks about the kind of evidence CIC wants, and posts a link to the manual where CIC explains in detail the type of evidence needed.
Also look at the first post on this "Family Class Sponsorship" forum, where Leon explains what to do.

 

[steaky]

It is possible to get a joint bank account or credit cards in HK, but impossible to get one in mainland China.

 

[Gweilo]

Thanks guys,

Steaky is right, getting any joint bank accounts in China is impossible and a credit card for me isn't possible for a few years or if I have a long term contract with a firm. I would assume that the CIC is aware of these facts. There is very little in the way of actual paper trails here in China. The things that we take for granted in canada simply don't exist here. Leases are often verbal or don't require too much if any paper work. Its simple here, if you dont pay your rent they just lock you out.

Getting to know the daughter's details will be easy enough... knowing the person is another thing that time will dictate. My concerns are not the immediate future but long term. I'm thinking processing the daughter on the same application will be easier than doing a seperate request further down the line. I may be wrong as it seems CIC has simplified immediate family requests.

Chris (Gweilo)

 

[Gweilo]

Re: Getting Married in HK --- returning to canada

I am wondering.

Do I have to show sufficient earnings to support my wife and step daughter while still in China?

When and if I am able to return to canada with wife will i have to show savings or employment upon landing? Especially if we've been in China for some time after the marriage and want to return. Or do we simply return as "canadians".

The reason I ask this is because even though I may be requesting my HK wife be admitted to canada (in the coming months) it does not mean that as soon as she receives the "go ahead" we're going to pack it in and leave China for canada! I may be well employed and not want to go back as of yet.

Thanks

Chris

BTW is there a listing of all acronyms you are all using?

 

[canadianwoman]

You don't have to have a minimum income to sponsor a spouse. The visa officer wants to see that there is a plan for how the family will live in Canada once the PR visa is given. So show proof of any savings or investments; a plan of where you are going to live (if you are going to stay with family at first, get them to write a letter stating that); what kind of jobs you two will look for, or an employment offer if possible.
You also have to prove you will go back to Canada once she gets the visa.
If you don't want to go back right when she gets the visa, she can go to Canada and 'land', then come back. She just has to stay in Canada for 2 years out of every 5 to maintain her PR status.
I would suggest sponsoring the daughter at the same time.

 

[CharlieD10]

http://immipedia.ca/Acronyms

Acronyms. Not all are applicable, don't worry, you'll understand the ones that are in time.

 

[steaky]

She just has to stay in Canada for 2 years out of every 5 to maintain her PR status.
I would suggest sponsoring the daughter at the same time.

If the both of you are in common-law or married relationship and living together, your fiancee/wife would not need to stay in Canada for 2 years out of every 5 to maintain her PR status. This also applies to your step daughter if she lives with you outside Canada after she got her PR status.

 

[Gweilo]

Thanks Canadianwoman, CharlieD10 and Steaky for your replies. I'm beginning to be able to wrap my head around this issue a little more. Your help has been invaluable. I will certainly continue to read this forum and pick your brains as questions arise.

Now I have to put things in motion and get as much "proof" of our relationship as possible.

You cannot believe how many things I have been able to put to rest in our minds with the help of you guys and gals out there.

Chris