+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Parami

Newbie
Nov 27, 2016
1
0
About 8 years ago, I applied to sponsor my ex-wife from Asia. The application was denied due to the reviewer questioning the legitimacy of the marriage. We appealed, my ex-wife had an in person interview, she panicked and the interview went horribly. We were not able to prove the legitimacy of the marriage and by that time, our relationship has grown stale so we just let it be. The application was rejected around 2010. We divorced and went our separate ways.

Currently, I've been married for 3 years to my current wife and been living in the US. My wife is a Chinese citizen, we met when she was doing her graduate study in the US while I was working here. We are thinking about heading back to Canada. We have lots of friends and relatives who can support the genuineness of our marriage, bought a house together, and even suffered a miscarriage together - so "proofing" our marriage is true should not be a problem. My concern is, would my past unsuccessful sponsorship cause any issue when I try to sponsor my current spouse for PR? I'm worried that they have a record that our first application was not necessarily legitimate, and this may make it difficult for our application.

Thoughts?
 
My guess is that your past history will result in somewhat longer processing times and a more careful review of your application. However provided you put together a thorough application and provide plenty of relationship evidence - you should be approved. If you've been married and living together for three years - that should be a strong case to overcome any past negatives.
 
It might mostly depend on if it was your wife they were "suspicious" of, or you, or both. If they just thought your wife was lying and you were caught up in it, it might not have much effect. I am sure it will be at least a red flag, but no way to know if they will give you a harder time because of it.

Also, it's gonna depend on if your current wife has a better immigration history, you mention she's a graduate student in the US so that could help as well. In addition, you say you are living with your wife, were you living with your previous wife? Cohabitation definitely helps.

Processing times are the most affected by the interview process. All these things help and they might be enough to waive the interview. You'll just have to wait and see, unfortunately.
 
It might affect processing time, and the visa officer might look into your current relationship in more depth, but at the same time you have a lot of positives now. You have been living together for 3 years, which means you should be able to provide plenty of proof that the relationship is genuine; and she is currently in the USA, which makes it less likely that she is just using you to enter Canada.

I think if you submit lots of evidence that the relationship is genuine, everything should be fine.