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I have a question about my marriage

wmfdlsep

Newbie
Aug 10, 2016
8
0
Hello,

I have a question about my status.

I actually recieved copr and went to Las Vegas with my fiancé.

I had a wedding ceremony and registered in US clark court for our marrige.

I did it for just good experience and fun. I did not mean to apply my fiancé Permanent Resident of Canada by the Vegas marrige.

After I came back from the trip, I went to boarder and answered 'No' for depandent question because I am planning to have real marriage in my country after few month and will get marriage certificate from the marrige.

My question is that will it be a problem because of the vegas marrige?

I am not gonna use any of the vegas marriage information for my fiancé PR application.

If it will be a problem then should I annulment the marrige?
 

scylla

VIP Member
Jun 8, 2010
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Yes - unfortunately the US wedding has created a very big problem for you. Since you got married before you landed and became a PR, and then failed to add your wife to your application before landing, you can never sponsor her. The US wedding was a real (legal) wedding. Annulment unfortunately won't fix the problem - the damage is done.

Your options at this point are either to formally give up your PR status and then apply again from scratch, this time including your wife in the application. Alternatively, your wife will have to qualify and apply for PR on her own through an economic stream like Express Entry.
 

Aujla8

Star Member
Jan 29, 2017
114
13
scylla said:
Yes - unfortunately the US wedding has created a very big problem for you. Since you got married before you landed and became a PR, and then failed to add your wife to your application before landing, you can never sponsor her. The US wedding was a real (legal) wedding. Annulment unfortunately won't fix the problem - the damage is done.

Your options at this point are either to formally give up your PR status and then apply again from scratch, this time including your wife in the application. Alternatively, your wife will have to qualify and apply for PR on her own through an economic stream like Express Entry.
one of my friend she got married in Punjab India and she had a solminazation of marriage before her husband s landing.but when her husband gone 2 lawyer to add her to her app he said itz just solminazation certificate not a legal certificate.is this rule apply to her too.
 

Bcboundboy

Hero Member
Aug 16, 2016
378
29
Aujla8 said:
one of my friend she got married in Punjab India and she had a solminazation of marriage before her husband s landing.but when her husband gone 2 lawyer to add her to her app he said itz just solminazation certificate not a legal certificate.is this rule apply to her too.
A wedding in the US only has a single certificate - the one that gives it legal force.

Whilst you can have separate religious and legal ceremonies, the legal one is the only one that matters (for legal purposes, like immigration - a religious one can have whatever meaning the couple ascribe to it).

Because they had the legal ceremony, they were married, and by landing without declaring the wife, she is permanently excluded from family class sponsorship.
 

zardoz

VIP Member
Feb 2, 2013
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Not only that. The OP actually committed immigration fraud by declaring himself as single when in fact he was legally married. This is misrepresentation and could, in theory, result in his own PR status being revoked.
 

wait_so_long

Hero Member
Jul 31, 2016
371
62
Bcboundboy said:
Because they had the legal ceremony, they were married, and by landing without declaring the wife, she is permanently excluded from family class sponsorship.
Wow, that sounds pretty harsh. Is it forever, or can the OP give up his PR and re-apply, as scylla stated above? And if they are able to re-apply, would a 5-year ban be applicable because of the misrepresentation?
 

zardoz

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Feb 2, 2013
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wait_so_long said:
Wow, that sounds pretty harsh. Is it forever, or can the OP give up his PR and re-apply, as scylla stated above? And if they are able to re-apply, would a 5-year ban be applicable because of the misrepresentation?
If there is no ban for misrepresentation, the OP could indeed renounce PR status and reapply as a principal applicant with a dependant. This does not invoke Family Class processing and therefore would allow the spouse to become a permanent resident as well.
 

wmfdlsep

Newbie
Aug 10, 2016
8
0
scylla said:
Yes - unfortunately the US wedding has created a very big problem for you. Since you got married before you landed and became a PR, and then failed to add your wife to your application before landing, you can never sponsor her. The US wedding was a real (legal) wedding. Annulment unfortunately won't fix the problem - the damage is done.

Your options at this point are either to formally give up your PR status and then apply again from scratch, this time including your wife in the application. Alternatively, your wife will have to qualify and apply for PR on her own through an economic stream like Express Entry.
So even though I do annulment of discorce option for the US marriage and get a marriage in my country about a year after. They will still find about my US marriage? I will not use any of document or pictures for the application.. except giving up my PR, is there really any way to fix this problem..?
 

wmfdlsep

Newbie
Aug 10, 2016
8
0
Bcboundboy said:
A wedding in the US only has a single certificate - the one that gives it legal force.

Whilst you can have separate religious and legal ceremonies, the legal one is the only one that matters (for legal purposes, like immigration - a religious one can have whatever meaning the couple ascribe to it).

Because they had the legal ceremony, they were married, and by landing without declaring the wife, she is permanently excluded from family class sponsorship.


So even though I do annulment of discorce option for the US marriage and get a marriage in my country about a year after. They will still find about my US marriage? I will not use any of document or pictures for the application.. except giving up my PR, is there really any way to fix this problem..?
What if I go to cic centre and tell them what is going on and ask them to fix it..?
 

adt83

Hero Member
Oct 5, 2015
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wmfdlsep said:
So even though I do annulment of discorce option for the US marriage and get a marriage in my country about a year after. They will still find about my US marriage? I will not use any of document or pictures for the application.. except giving up my PR, is there really any way to fix this problem..?
What if I go to cic centre and tell them what is going on and ask them to fix it..?
I think it's best you speak with an immigration lawyer or consultant for advice. Assuming you haven't already applied to sponsor your spouse, I think it is a good idea to get professional advice before submitting the application and jeopardizing your PR status.
 

wmfdlsep

Newbie
Aug 10, 2016
8
0
adt83 said:
I think it's best you speak with an immigration lawyer or consultant for advice. Assuming you haven't already applied to sponsor your spouse, I think it is a good idea to get professional advice before submitting the application and jeopardizing your PR status.
[/


I will go see immigration lawyer and also will do annulment of the marriage.
I did not mean to apply her PR application with that marriage and it was just for fun.. and it is causing so much trouble now.. anyways..thanks!
 

Aquakitty

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wmfdlsep said:
adt83 said:
I think it's best you speak with an immigration lawyer or consultant for advice. Assuming you haven't already applied to sponsor your spouse, I think it is a good idea to get professional advice before submitting the application and jeopardizing your PR status.

I will go see immigration lawyer and also will do annulment of the marriage.
I did not mean to apply her PR application with that marriage and it was just for fun.. and it is causing so much trouble now.. anyways..thanks!


Um, why would you think getting LEGALLY MARRIED was "just for fun"?? Your explanation is kind of BS because you have to actually go to the marriage license bureau and purchase a marriage license. If you wanted a "just for fun" marriage, you could have just done a ceremony without the legal paperwork. You knew what you were doing.
 

Buletruck

VIP Member
May 18, 2015
6,667
2,521
I will go see immigration lawyer and also will do annulment of the marriage.
I did not mean to apply her PR application with that marriage and it was just for fun.. and it is causing so much trouble now.. anyways..thanks!
I don't think you are completely grasping the details of all this.

Assuming you get an annulment, when you apply to bring your wife/ex-wife/fiancé to Canada, both you and her will have to submit evidence that you weren't married previously. If you were, you are going to have to submit the divorce/separation/annulment documents to IRCC for revue. They will see that you were both married to each other previously, the date you were married, and either see it as a marriage of convenience or misrepresentation. Neither is a particularly good position to be in. To lie or exclude the information isn't a particularly smart idea either, particularly when dealing with the US (the ties between Canada and the US are very close and they share or can research extensive records in each country). The 8-18 months spend processing your application by IRCC isn't entirely spent sitting around having coffee. They check databases for information on you, and your spouse. They just enter your name and "up it pops"! Marriages are registered and will show up on any background check they perform, particularly in Canada and the US. You would be dumb to think you can outsmart them on this.....they have extensive experience with people who make the same "mistake" all the time.

If it was an oversight the first time, it would definitely be misrepresentation this time, and you would likely loose your status and your wife would end up barred from Canada. It really is frowned upon when you lie and they won't hesitate to revoke your status.

Before you do anything foolish, talk to an immigration lawyer. Don't annul anything until you find out exactly where you stand. That is just compounding one more mistake after another.
 

scylla

VIP Member
Jun 8, 2010
92,541
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
wmfdlsep said:
So even though I do annulment of discorce option for the US marriage and get a marriage in my country about a year after. They will still find about my US marriage? I will not use any of document or pictures for the application.. except giving up my PR, is there really any way to fix this problem..?
Background check will reveal all of this and land you in deeper trouble that you are in now. Expect your spouse to end up with a five year ban from Canada for misrepresentation. It's possible CIC may go after you PR status and revoke it as well for misrepresentation. Don't lie on immigration applications.

Again, how to fix this problem has already been explained. You have two options. Renounce your PR status and apply again from scratch - this time including your wife. Have your wife apply for PR on her own through one of the economic immigration streams like express entry.

This is a very serious matter. Do not try to solve it by lying more than you already have.
 

adt83

Hero Member
Oct 5, 2015
307
99
Visa Office......
Kingston
App. Filed.......
23-01-2017
AOR Received.
02/14/2017
File Transfer...
10-02-2017
Med's Done....
Done Upfront
Interview........
06/10/2017
Passport Req..
06/10/2017
VISA ISSUED...
06/10/2017
LANDED..........
23/09/2017
Buletruck said:
I don't think you are completely grasping the details of all this.

Assuming you get an annulment, when you apply to bring your wife/ex-wife/fiancé to Canada, both you and her will have to submit evidence that you weren't married previously. If you were, you are going to have to submit the divorce/separation/annulment documents to IRCC for revue. They will see that you were both married to each other previously, the date you were married, and either see it as a marriage of convenience or misrepresentation. Neither is a particularly good position to be in. To lie or exclude the information isn't a particularly smart idea either, particularly when dealing with the US (the ties between Canada and the US are very close and they share or can research extensive records in each country). The 8-18 months spend processing your application by IRCC isn't entirely spent sitting around having coffee. They check databases for information on you, and your spouse. They just enter your name and "up it pops"! Marriages are registered and will show up on any background check they perform, particularly in Canada and the US. You would be dumb to think you can outsmart them on this.....they have extensive experience with people who make the same "mistake" all the time.

If it was an oversight the first time, it would definitely be misrepresentation this time, and you would likely loose your status and your wife would end up barred from Canada. It really is frowned upon when you lie and they won't hesitate to revoke your status.

Before you do anything foolish, talk to an immigration lawyer. Don't annul anything until you find out exactly where you stand. That is just compounding one more mistake after another.
Agreed. Speak to a lawyer before doing anything else.