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Buffy2323

Hero Member
Dec 16, 2010
435
6
Ontario
Category........
Visa Office......
CPP-Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
21-02-2013
AOR Received.
01-03-2013
File Transfer...
15-03-2013
Med's Done....
31-01-2013
Interview........
WAIVED
Passport Req..
28-08-2013
VISA ISSUED...
DM 13-09-2013; Visa Received 21-10-2013
LANDED..........
26-10-2013
I know that I have read on several threads that there aren't alot of US Citizens that are requested for an interview. But I am an exceptional case and I would love some input from anyone on what you think about my chances of needing to go for an interview. Here are the details of my relationship.

I am a female who was married for 14 years to a man and have 2 children with him. In 2009 I met my current wife online. We were friends off and on for a few months and I started having feelings for her (she had eelign for me from the beginning). We met in real life December 2010 after having a "relationship" online for over a year. After meeting, I knew that I wanted to be with her and we traveled back and forth to see each other for almost 2 years before getting married in November of 2012. I have documentation for over 20 trips back and forth in that 2 years. We did a small ceremony (only my wife and I) and witnesses povided by the chapel where we got married. We asked her family to come but they live in Alberta and they couldn't make it due to money and short notice. My family accepts the relationship but does not beleive in same sex marriage so they chose not to be present. My kids were with their dad for the Thanksgiving weekend so did not attend. We had a friend who was coming as a witness but he came down with the flu and didn't make it. Anyway, I guess my concern is that our relationship will be questioned because I had been married to a man before and have children with him and now I am suddenly married to a woman plus our ceremony was so small. We wanted to have a larger ceremony but due to money (we are spending all of it on the immigration process) we couldn't do so. We do intend to do a larger formal wedding and honeymoon once the process is over and we can get settled in together in Canada.

My question is do you think I will be called for an interview? The proof I have is solid, about 20 pictures over that 2 year period, us with my kids as well as with my dad, a trip to Alberta with her family, etc. Lots of photos with different hair styles, etc. Also, I have a signed letter from my ex-husband telling his side of the story and how I chose to leave him to be with a woman. It is very detailed and, to me, is positive proof that we are a legitimate couple. Maybe I am just paranoid but I am really hoping that I won't get called for an interview. I have no doubt that if I have an interview that I will do well but I know that being called for an interview will prolong the wait for PR status.

I plan to mail in my packet in a few weeks, my meds are being done January 31, is there anything I should include that would be more helpful in proving our relationship is legitimate?

Thanks in advance for any ideas/ suggestions
 
Buffy2323 said:
I know that I have read on several threads that there aren't alot of US Citizens that are requested for an interview. But I am an exceptional case and I would love some input from anyone on what you think about my chances of needing to go for an interview. Here are the details of my relationship.

I am a female who was married for 14 years to a man and have 2 children with him. In 2009 I met my current wife online. We were friends off and on for a few months and I started having feelings for her (she had eelign for me from the beginning). We met in real life December 2010 after having a "relationship" online for over a year. After meeting, I knew that I wanted to be with her and we traveled back and forth to see each other for almost 2 years before getting married in November of 2012. I have documentation for over 20 trips back and forth in that 2 years. We did a small ceremony (only my wife and I) and witnesses povided by the chapel where we got married. We asked her family to come but they live in Alberta and they couldn't make it due to money and short notice. My family accepts the relationship but does not beleive in same sex marriage so they chose not to be present. My kids were with their dad for the Thanksgiving weekend so did not attend. We had a friend who was coming as a witness but he came down with the flu and didn't make it. Anyway, I guess my concern is that our relationship will be questioned because I had been married to a man before and have children with him and now I am suddenly married to a woman plus our ceremony was so small. We wanted to have a larger ceremony but due to money (we are spending all of it on the immigration process) we couldn't do so. We do intend to do a larger formal wedding and honeymoon once the process is over and we can get settled in together in Canada.

My question is do you think I will be called for an interview? The proof I have is solid, about 20 pictures over that 2 year period, us with my kids as well as with my dad, a trip to Alberta with her family, etc. Lots of photos with different hair styles, etc. Also, I have a signed letter from my ex-husband telling his side of the story and how I chose to leave him to be with a woman. It is very detailed and, to me, is positive proof that we are a legitimate couple. Maybe I am just paranoid but I am really hoping that I won't get called for an interview. I have no doubt that if I have an interview that I will do well but I know that being called for an interview will prolong the wait for PR status.

I plan to mail in my packet in a few weeks, my meds are being done January 31, is there anything I should include that would be more helpful in proving our relationship is legitimate?

Thanks in advance for any ideas/ suggestions

You should be fine. Same sex marriages/relationships are pretty normal here in Canada :) Congrats on your wedding!! And you seem to have a really solid case! Just make sure you include the divorce certificate from your first marriage!
 
Hey,

Unfortunately I don't think anybody can tell you what are your chances to be called for an interview. it seems that you are well prepared and your application is quite thorough, so that counts. The fact that you were married to a man first and then to a woman is not that uncommon, and so that alone won't automatically get you called for an interview.
The letter from your ex-husband is probably an important proof, and as long as you explain why you had a small ceremony ( as you did here, with proofs etc), and you can tell about your plans about a bigger one, it's not that uncommon either...

Did you get letters from her family in Alberta? because I don't imagine that your family would be willing to give you any recognition, but if you had letters from her family (and you already include pictures from trips etc) it would help for sure.

Good luck,
Sweden
 
Thanks Parker! I have hired an immigration attorney who is handling the paperwork for me. He has the certified copy of my divorce papers and I'm sure he will add it in the packet. He is preparing it this week and will send to me so I will go through what he has put together so that I am sure nothing was left out. Yes, I am paying him lots of money but I am not taking chances that any errors have been made! I will be sure to check for the divorce information though the fact that we got married in Canada and I needed a legal opinion to certify the divorce was recognized by Canada before we could get married should be proof enough.

I am just really worried that I don't have all my i's dotted and t's crossed!!
 
Sweden said:
Hey,

Unfortunately I don't think anybody can tell you what are your chances to be called for an interview. it seems that you are well prepared and your application is quite thorough, so that counts. The fact that you were married to a man first and then to a woman is not that uncommon, and so that alone won't automatically get you called for an interview.
The letter from your ex-husband is probably an important proof, and as long as you explain why you had a small ceremony ( as you did here, with proofs etc), and you can tell about your plans about a bigger one, it's not that uncommon either...

Did you get letters from her family in Alberta? because I don't imagine that your family would be willing to give you any recognition, but if you had letters from her family (and you already include pictures from trips etc) it would help for sure.

Good luck,
Sweden

Sweden, thanks for the reply. I did forget to mention that one of the proofs that we included was a certified letter from my wife's mom that states our relationship is legitimate and that the family has met me and my son and that they are very happy to have us as a part of their family. We only included one letter of proof each but i think it is quality over quantity. I think one solid letter from my ex-husband and the solid letter from her mom is better than 5 letters from friends/ acquaintences who wouldn't provide that much detail for us.

I'm just trying to figure out if there is anything else I can drop into the package that will solidify our proof.
 
I think it looks good - and it seems like you have a lot covered already, what about common bank accounts for example? that also helps usually... to show that you have put your finances together. Do you have a lease together at all? sometimes your name can be added to the lease even if you are not a PR yet in Canada. If that's a possibility, it would help.

You can also get a life insurance and put the other person's name as the sole beneficiary - not something a fake couple would do. You can get some that are not too expensive, and if you include the copy of only where it says the name, then it won't show which date it was done. you can get rid of it anytime in the future if you don't want it anymore.
GOod luck,
Sweden
 
Sweden,

We have credit cards together where the other person is authorized users and we have a joint savings account that we put in the packet. She currently owns her house/lives as roommates with her ex. Neither one can afford to buy out the other right now because of financial reasons. I can't be put on the mortgage until I move up there and get working at which point we can "buy out" her ex and take over the mortgage. They are still friends fortunately because if not it would have been financially difficult to pursue our sponsorship. As for life insurance, she has switched me to her beneficiary but for me it's more difficult as I have an agreement with my ex-husband to keep each other as beneficiaries on our plans until our children are of legal age. Once they are old enough we will change our beneficiaries to our children. My wife and I can't really do much else until I can actually move up there and I can get a job and we can start to straighten out our financial situation. We are scraping by pay to pay right now just trying to get through the process and move iin together.

That is another thing I worry about, her ex and her still "tied together" with their house and a joint bank account that they both deposit money into each month to pay bills. It is working for now but I worry that CIC will question it at this time. They are only roommates but it definitely can look fishy.
 
Well at least you are on her life insurance, and the agreement with your husband seems like a very "reasonable" one, and I don't know if you put that in the application, but it's a rather good point because it also means that your new marriage is not wreaking havoc for your previous one, and you are still present to your children etc - which I think is something that CIC will look at, if there are children involved somehow. So the fact that you have a letter from your husband and what seems to be a "working" relationship with him concerning the children is a positive point.
The situation with your wife and her ex is not ideal, but I think if you have explained the situation, and what your intentions are in terms of moving in once you have a PR, buying the other part of the house etc, then it should be fine.
It looks like you have a well prepared application, and maybe, if you have to go for an interview, it will clear things up rather than having the VO wondering for too long - some people have had the decision made on the day of the interview because the VO was convinced, and they were told they were approved right away.
Good luck, fingers crossed it will all go well!
Sweden
 
Sweden,

I actually did not mention my wife's living situation with her ex in my part of the application. She listed her on there as "roommate" but didn't ellaborate. We figured if we didn't make it into a major deal that CIC might not question it. I'm not sure where they will get the information on my wife's history if we didn't provide it. Yes, they have a joint account that they funnel money into for bill purposes (they make all payments online) so it is just easier to use an account they both have access too. If I needto explain this situation in my application I'm not even sure where to put it. I figure it can all be easily explained if they are really concerned about it.

As for my ex and our arrangement, I didn't say anything about our arrangement on the life insurance either. Honestly, it's not an ideal situation to make my wife a beneficiary here in the US anyway because of the ridiculous taxes they charge on inheritance for non-family members. I don't even want to touch that in the USA because our marriage is not recognized here at all. I even have to file single because I live in a state where our marriage is not legitimate. I just figure I will start combining affairs once I move there because weare considered a couple with all benefits as such in Canada.

I guess it's a real grey area with my wife and her ex but it can be explained if they are really concerned. Should I include anything in the application or just let it go and see what happens? My wife and her ex have never been married, never filed a tax return together, and other than buying the house together and having that joint account, have no record of ever being a couple anywhere. From tax standards they are just roommates who bought a house together. Thoughts on this??
 
Buffy2323 said:
As for life insurance, she has switched me to her beneficiary but for me it's more difficult as I have an agreement with my ex-husband to keep each other as beneficiaries on our plans until our children are of legal age. Once they are old enough we will change our beneficiaries to our children.

You could always open a brand new term insurance policy on yourself, which lists her as 100% beneficiary. A small 10-yr term insurance will probably cost you $10-$15 a month or so, and you can cancel it once the PR is granted. It would just be 1 additional proof to add to your pile!
 
Thanks ROb, I am going to look into that. I can get a policy through my work, I think. It wuoldn't cost much and I could make her the beneficiary. When I quit to move there I can just let the policy go. Good idea!!
 
Buffy2323 said:
Sweden,

I actually did not mention my wife's living situation with her ex in my part of the application. She listed her on there as "roommate" but didn't ellaborate. We figured if we didn't make it into a major deal that CIC might not question it. I'm not sure where they will get the information on my wife's history if we didn't provide it. Yes, they have a joint account that they funnel money into for bill purposes (they make all payments online) so it is just easier to use an account they both have access too. If I needto explain this situation in my application I'm not even sure where to put it. I figure it can all be easily explained if they are really concerned about it.

I'm not sure - if she is sponsoring you, she would have to declare that she has been in a common-law relationship before, so I'm not sure how she managed to not declare it - if she has lived with her ex for more than a year, even if not married, she has been in a common-law relationship, and she probably should declare it - otherwise it borders on mis-representation....I would discuss that with your lawyer because committing mis-representation is a serious crime, and will create problems later on if found out....

Buffy2323 said:
As for my ex and our arrangement, I didn't say anything about our arrangement on the life insurance either. Honestly, it's not an ideal situation to make my wife a beneficiary here in the US anyway because of the ridiculous taxes they charge on inheritance for non-family members. I don't even want to touch that in the USA because our marriage is not recognized here at all. I even have to file single because I live in a state where our marriage is not legitimate. I just figure I will start combining affairs once I move there because weare considered a couple with all benefits as such in Canada.

For the life insurance, it's not compulsory so you don't have to mention it and get one in the US especially if you are in a state that doesn't recognize marriage etc, it seems like you have already combined some of your financial affairs together (names on credit cards and joint account), so that's already a proof in itself. ( but as you see - your wife has that with her ex and they are not a couple : so it's not the ultimate proof, and CIC knows that sometimes people get shared accounts even if they are not a couple, that's why you need solid proofs).

Buffy2323 said:
I guess it's a real grey area with my wife and her ex but it can be explained if they are really concerned. Should I include anything in the application or just let it go and see what happens? My wife and her ex have never been married, never filed a tax return together, and other than buying the house together and having that joint account, have no record of ever being a couple anywhere. From tax standards they are just roommates who bought a house together. Thoughts on this??

I'm not too sure and getting legal advices would be the best, because I don't know if your wife was not committing something illegal before - technically after living one year together in a relationship, you're considered common-law and it's a status in Canada - which obligations etc, so discuss that with your lawyer - if he is Canadian, if not, then ask for an opinion from a Canadian one, because I think it's a very grey and tricky area.

Good luck,
Sweden
 
Ugh, I was afraid of that Sweden. But my question is if they were never a couple and always truly roommates who is to say that they were ever in a relationship together? My ex swears up and down that they were never common law but by definition they technically were. Even though they haven't been together for several years. I have sent an email to my attorney asking him what his thoughts are on this. He is US/Canadian attorney so I am sure he will have some knowledge. The fact that they are not a couple anymore and that my wife and I are establishing our lives together would hopefully be proof enough that we are legitimate and we are trying to get out from under our pasts and start a life together. This is all so complicated!!!!! And now I am more worried than ever. Would they question this in the first stage of the process or after she is approved as sponsor?

UPDATE: I just got a response back from my attorney. here is what he said:

Don't worry about it. There's nothing to report. Legally you and she are married and the fact that she happens to own property and cohabitate with a friend doesn't change your qualification or hers.

It sounds like he feels we are fine with everything thus far........
 
It's good to get more information because it might come up in the application. Technically, they were common-law. A couple, living together for 12 months, no matter when they were common-law. I think it wouldn't matter so much if they were not living together anymore, because getting married to you automatically cancel any previous common-law I think ( I'm trying to fin the link where it says that), but since they are still living in the same place, it would be hard to say that they were only roommates - they have a high level of interdependence on each other ( common bank account, bought a house together), CIC might question if they are only roommates... it would be hard to prove that they were not roommates, but it's also hard to prove that they were only roommates (especially with bank accounts, a house together etc). Put yourself in their shoes: wouldn't you think that they were more than roommates ( and it's not a criticism from my side, it's more trying to see all sides)

I think it's more likely to come up in the second part ( because they will start looking at the proofs of your relationship, and might ask where you will live, and what are your plans when moving to Canada etc) I think, but you never know - I don't know the system well enough in Canada to know what information comes up when they do the background check, so it might also come up in the first part - and if they decide it's misrepresentation on her part, then she might not be able to sponsor you. Getting a better informed opinion about her status is important before sending your application off.

Sweden
 
Thansk Sweden, I got the reply back from my attorney and he doesn't seem to be concerned at all by it. He seems to think we have a simple straight forward case and told me we have more than enough proof that our relationship is genuine. I see where you are coming from with the doubts from CIC but I am hoping that what proof I have will outweigh the questions. Regardless, our situation is uncontrollable. Believe me, her ex wants out just as bad as we want her out but our hands are tied for now. I guess I will just have to trust that if they have questions that we will explain and they will believe the truth. There is no intentional misrepresentation from us. We are just victims of our circumstances right now. :(