Indian Wedding vs. Court Marriage

[akshay_vic]

I am a permanent resident of Canada and will be getting engaged next month in India. We are planning to get married around March, next year. The girl is based in India (Bombay), and so are both of our families.

I would like to have my wife join me in Canada as soon as possible after the marriage, ideally accompanying me on the return trip to Canada.

In my research so far, I came across a few options available and heard differing opinions online, as well as from my friends who have gone through a similar process. I am listing these options below. I would really appreciate some honest feedback on the pros and cons of them from the experienced members, and/or any better alternate options, if there are any.

1. Visitor Visa
This was the first option that came to my mind. I could ask my (future) wife to apply for a visitor visa of Canada (before we get married), so she could fly back to Canada with me after the marriage.

However, I heard from friends and online that the immigration officers would consider this (applying for the visitor visa and then getting married) as a red flag and reject the visitor visa.

2. Court Marriage
Quite a few people recommended this option. Basically, I'd get married in court when I am going to India next month, in November. Once we get the marriage certificate, then I can start the spouse sponsorship process immediately in December. Once the PR is approved, I can go to India and get married in a traditional way. and she can fly back with me to Canada.

This seemed like the fastest option. However, some argued that the authorities wouldn't consider the court marriage as a solid proof of wedding; and would think of it as a convenience marriage. I have also heard that the authorities usually ask for traditional marriage photos, wedding invitations, etc. to assert the validity of the marriage and having only a court marriage certificate won't be sufficient.

3. Traditional Indian Wedding -> Spouse Sponsorship
Most people seem to recommend this option and advice not gaming the system in any way to get the PR faster. In short,

• I'd get engaged in November,
• get married in a traditional Indian wedding in March,
• start the spouse sponsorship application,
• wait for a few months for the PR to get approved,
• and then my wife can join me in Canada.

However, I am not quite sure how long the spouse sponsorship would take. I have heard answers ranging from a month (my friend's wife) to twelve months (CIC website). However, some suggested that once I apply for my wife's PR, she can apply for a visitor visa and come visit me in Canada while we wait for her PR to get approved. Is it possible?

This seems like the best, highly recommended, safest option. However, I would really like to travel back to Canada with my wife after my marriage. At the same time, I don't want to jeopardize the application in any way, by trying to short-circuit the process.

I am quite unsure about what's the best option going forward. Any thoughts/help/suggestions are really appreciated.

Thank you so much for taking the time to read this long question.

Regards,
Akshay

 

[firewithin6667]

This is just my opinion, but based on what I've read on this forum they judge you by what is normal in your culture. Therefore you should have a traditional indian wedding, and take lots of pictures of every step of the process (Engagement, Wedding, before the engagement as well). This is so CIC ensures it's a genuine relationship. They generally look down on court marriages especially for cultures with large intricate ceremonies.

The spousal sponsorship will take about 10-12 months through the New Delhi office. Your wife's friend said 1 month, and maybe it was that way in the past, it is definitely not so anymore. There are a variety of steps throughout it but many people have done it on this forum and documented it if you care to find them.

Getting a visitor visa while waiting for the PR is possible, but very very hard. She would have to prove to the CIC that she would come back to her home country, and since she is married to you, unless she has strong business or property ties, they will likely reject the visitor visa since her strongest tie would technically be to you. Therefore she's at a great risk of overstaying her visa in the eyes of the CIC.

It's likely that you will have to get married, come back without her, apply outland, and wait 10-12 months before you're reunited with your wife again (If you don't visit her during the time). I took this route to sponsor my wife out of necessity, since she couldn't get a visitor visa.

 

[canuck78]

Your wife should apply for TRV now. If she has longterm employment, property in her name, previous international travel to places like US, Europe, Australia, etc, and savings she has a chance of being approved. Would not do a court marriage and file. It is likely to be refused. If your wife does not get a TRV before the marriage she can always try after you submit spousal sponsorship but chances are pretty low. Worth a shot since some do get approved. You should anticipate approval will take around 12 months.

 

[akshay_vic]

Your wife should apply for TRV now. If she has longterm employment, property in her name, previous international travel to places like US, Europe, Australia, etc, and savings she has a chance of being approved. Would not do a court marriage and file. It is likely to be refused. If your wife does not get a TRV before the marriage she can always try after you submit spousal sponsorship but chances are pretty low. Worth a shot since some do get approved. You should anticipate approval will take around 12 months.

Hi @canuck78 thanks for getting back.

I am afraid she doesn't match the criteria you mentioned above. She recently resigned her job to start the preparations for the wedding and life in Canada, as well as for spending more time with her family. She hasn't travelled outside of India before.

Do you still think she should apply for a visitor visa?

Let's assume she applies for a TRV soon, before we get married in March.

1. If it gets rejected, would it affect our spouse sponsorship application, which I will begin in March, in any way?
2. If it gets approved (say in January), and we get married in March, do we need to update CIC about her relationship status change? Also, can she travel to Canada with me on her visitor visa? Are there any chances of her getting denied entry at Canadian border (on the grounds that she has a visitor visa but travelling as my wife)?
3. Finally, when she applies for the visitor visa, what reason will she give in the application? That she just wants to visit Canada for leisure/travel, or visit friends/family, etc.? Would she mention that she is planning to get married to a Canadian resident and hence applying for a TRV?

Thanks for your advice against court marriage. We have decided to get engaged in November and then get married in March in a traditional wedding, instead of a court marriage.

Regards,
Akshay

 

[raj102khirodkar]

Hi @canuck78 thanks for getting back.

I am afraid she doesn't match the criteria you mentioned above. She recently resigned her job to start the preparations for the wedding and life in Canada, as well as for spending more time with her family. She hasn't travelled outside of India before.

Do you still think she should apply for a visitor visa?

Let's assume she applies for a TRV soon, before we get married in March.

1. If it gets rejected, would it affect our spouse sponsorship application, which I will begin in March, in any way?
2. If it gets approved (say in January), and we get married in March, do we need to update CIC about her relationship status change? Also, can she travel to Canada with me on her visitor visa? Are there any chances of her getting denied entry at Canadian border (on the grounds that she has a visitor visa but travelling as my wife)?
3. Finally, when she applies for the visitor visa, what reason will she give in the application? That she just wants to visit Canada for leisure/travel, or visit friends/family, etc.? Would she mention that she is planning to get married to a Canadian resident and hence applying for a TRV?

Thanks for your advice against court marriage. We have decided to get engaged in November and then get married in March in a traditional wedding, instead of a court marriage.

Regards,
Akshay

Hello Akshay,

I find myself in the same situation as you.
Could you please share, what you ended up doing finally ?

Thanks for your time.

 

[acerbico423]

Following. In the same boat.

 

[akshay_vic]

@raj102khirodkar Well, we had to postpone the wedding due to Covid, and I moved to India to stay with my wife. Now I am back in Canada and will be applying for her spouse PR.