IMM 5540 Question 16, help?

[flamand_quebec13]

Hello,

I have a question regarding IMM5540, question 16: have you ever submitted a sponsorship application for another person before?

The thing is, my wife did an arranged marriage 18 years ago in New York (she was 19-20 years old at that time). The person she married to tried to get this way into Canada. Off course the application got denied. My wife regrets that decision now.

The question is now how far will CIC take that into account with the Outland application for me ( I am a Belgian citizen, married with my wife in the meantime and lived together now for almost 3 years).

Also should I be truthful about what happened or not (considering the time it happened).

 

[Ponga]

Why was her original sponsorship application denied? Did she cancel the application, or did CIC not approve the application?


You must both be completely honest when completing the forms, or you run the (very real) risk of misrepresentation...which would be devastating!

Her previous application to sponsor may be a red flag, considering it really was a marriage of convenience [in his eyes, at least], but failing to answer the question truthfully would be a bigger issue for you both.

 

[flamand_quebec13]

It seems the application got denied based on the fact the CIC did not believe the relationship was genuine.

But thanks already for providing me with that answer. Hopefully this will not pose any issues.
Concerning question 17: Have you ever been married or in a common-law relationship before? I will then have to put yes and the name of however she got married to.

There is however a problem regarding with what I should put as length of relationship, as there was never really a relationship to begin with. Should I then just put for beginning and end date the date she got married to him?

 

[Ponga]

Maybe she should be the filling out her forms?

Ask her if she recalls the dates that she listed in her first application...when she was applying to sponsor him.

I hate to say it, but your application may be looked at more closely than most, because of this, but that doesn't necessarily mean that it won't be approved in the end.

Good luck!

 

[RajaJi]

It seems the application got denied based on the fact the CIC did not believe the relationship was genuine.

But thanks already for providing me with that answer. Hopefully this will not pose any issues.
Concerning question 17: Have you ever been married or in a common-law relationship before? I will then have to put yes and the name of however she got married to.

There is however a problem regarding with what I should put as length of relationship, as there was never really a relationship to begin with. Should I then just put for beginning and end date the date she got married to him?

Was that marriage regsitered? Did she divorce her then husband? That information will also be needed. If she does not remember what information she filled in during her first sponsorship application, she can order GCMS notes (Phsyical File). A conflicting information could be a problem.

 

[flamand_quebec13]

The marriage was registered in New York. After the application was denied, hasn't heard from him since and only divorced him then a couple of years later here in Quebec trough a lawyer.

About the notes you mentioned, how can she request it and how long does it take before she will receive those papers?

Thanks already for replying back, your help is really appreciated.

 

[RajaJi]

The marriage was registered in New York. After the application was denied, hasn't heard from him since and only divorced him then a couple of years later here in Quebec trough a lawyer.

About the notes you mentioned, how can she request it and how long does it take before she will receive those papers?

Thanks already for replying back, your help is really appreciated.

Below is a link to request GCMS notes. It takes about 30 days and there is no charge if she makes the request herself. Request Physical Files (though I believe they have already been converted to digital format), may take little longer.

http://www.cic.gc.ca/english/department/atip/requests-personal.asp

 

[RajaJi]

She can also write an explanation that she was unaware of the intentions of the person to whom she married at that time and realized it only after the application was denied. It will be hard to prove that she was not part of the scheme but being honest helps...Good Luck

 

[canuck_in_uk]

It seems the application got denied based on the fact the CIC did not believe the relationship was genuine.

But thanks already for providing me with that answer. Hopefully this will not pose any issues.
Concerning question 17: Have you ever been married or in a common-law relationship before? I will then have to put yes and the name of however she got married to.

There is however a problem regarding with what I should put as length of relationship, as there was never really a relationship to begin with. Should I then just put for beginning and end date the date she got married to him?

It will not cause any issues with your app and I doubt it will even cause a delay. You guys have been living together for several years and as a Belgian, you are not an MOC risk.

I suggest that your wife include a letter explaining the situation: she was very young, it was an arranged marriage and there was significant family and cultural pressures, that she hasn't seen him since the marriage etc.

As for relationship length, she should decide that and can explain further in her letter.

 

[Ponga]

It will not cause any issues with your app and I doubt it will even cause a delay. You guys have been living together for several years and as a Belgian, you are not an MOC risk.

I suggest that your wife include a letter explaining the situation: she was very young, it was an arranged marriage and there was significant family and cultural pressures, that she hasn't seen him since the marriage etc.

As for relationship length, she should decide that and can explain further in her letter.

But we don't really know if it was an arranged marriage, by family, or arranged for profit (meaning he offered her $$). I guess it would depend on why the marriage/relationship was in question, since most arranged [family] marriages don't seem to be reasons for refusal, right?

Either way, she needs to be honest about this for sure.

 

[RajaJi]

But we don't really know if it was an arranged marriage, by family, or arranged for profit (meaning he offered her $$). I guess it would depend on why the marriage/relationship was in question, since most arranged [family] marriages don't seem to be reasons for refusal, right?

Either way, she needs to be honest about this for sure.

OP did mention that she regrets that decision now.

I am sure IO's notes mentioning reason for refusal will be in the file. GCMS notes may help to understand unless such notations are blacked out.

 

[Ponga]

OP did mention that she regrets that decision now.

I am sure IO's notes mentioning reason for refusal will be in the file. GCMS notes may help to understand unless such notations are blacked out.

Which still doesn't give us the `details' of the marriage if in fact it was arranged.

 

[RajaJi]

Which still doesn't give us the `details' of the marriage if in fact it was arranged.

I agree. We do not know what kind of 'arranged marriage' it was.

 

[flamand_quebec13]

From what my wife said to me it was arranged in a way she would receive money for it in return if the application got approved.
She didn't realise at that moment that he would then be dependant of her and she would have to take of him (she's happy it got denied in the first place).
As I stated before, my wife regrets that decision now and wishes she had never done so in the first place.

I can indeed ask my wife to make a letter where she explains she never knew he intented to use her to get into Canada, and that he disappeared after he heard the news he was denied.
It seems the family of the guy filled in the application papers themselves, and she was told from him the difference in age + the fact he is an Israelian caused the CIC to question the marriage and deny eventually the application. (also no proof was provided, such as pictures, proof of travels or a contract they were living together,etc....)

In any case, a very very big thanks for helping me so far. If possible, please keep giving me your opinions , or I will need it.
I will fill in the request for the notes today first, which I can send electronically. This will give me more important information before I send my application out.

Time is definitely not on my side for sure.

 

[RajaJi]

From what my wife said to me it was arranged in a way she would receive money for it in return if the application got approved.
She didn't realise at that moment that he would then be dependant of her and she would have to take of him (she's happy it got denied in the first place).
As I stated before, my wife regrets that decision now and wishes she had never done so in the first place.

I can indeed ask my wife to make a letter where she explains she never knew he intented to use her to get into Canada, and that he disappeared after he heard the news he was denied.
It seems the family of the guy filled in the application papers themselves, and she was told from him the difference in age + the fact he is an Israelian caused the CIC to question the marriage and deny eventually the application. (also no proof was provided, such as pictures, proof of travels or a contract they were living together,etc....)

In any case, a very very big thanks for helping me so far. If possible, please keep giving me your opinions , or I will need it.
I will fill in the request for the notes today first, which I can send electronically. This will give me more important information before I send my application out.

Time is definitely not on my side for sure.

So it was a 'Marriage of Convenience'. Read here:
http://www.cic.gc.ca/english/information/protection/fraud/marriage.asp

Both of you will need to provide strong evidence of relationship. There may be extra scrutiny, interview, etc. Good Luck.