MARRIED but has doubt applying for PR!

[jomarcabiles]

hi guys!!!hope someone can give me an insight regarding my situation,,,,i am in a same sex relationship and we are planning to get married this coming month and apply for PT,,but suddenly came up,,,his ex wife friend filed a case against him regarding a child that they said he had some malicious move with the child but he havent seen the child for a long time as well as his wifes friend,,,so case is still on going,,,

do you think guys we have to apply for PR while the case is ongoing or will this affect his eligibility to sponsor???

thanx

 

[iarblue]

Ok its a bit hard understanding what you are saying,are you saying his ex wife and her friend have filed a case against your spouse to be of child abuse,or another crime against a child?If this is the case and there is a case pending this,it will def effect your app for PR.
You will need to wait the case pending against him to be settled,and if he is charged with a case against a child,it is most likely they will not approve his app for pr until the outcome of the case pending there is nothing you can do.

 

[PMM]

Hi

Ok its a bit hard understanding what you are saying,are you saying his ex wife and her friend have filed a case against your spouse to be of child abuse,or another crime against a child?If this is the case and there is a case pending this,it will def effect your app for PR.
You will need to wait the case pending against him to be settled,and if he is charged with a case against a child,it is most likely they will not approve his app for pr until the outcome of the case pending there is nothing you can do.

Should be interesting with an ex-wife and child (which have to be declared) and now applying as a same sex couple.

 

[iarblue]

For sure.And im just wondering what the case is pending on him.

 

[confusednscared]

Yea, you may have to wait it out first before applying for PR.

You should also build a concrete case in terms of showing that the relationship is real (tons of evidence). In your situation, like PMM mentioned, he's got an ex-wife and child so you have really show that he really is gay and not just doing this for CIC purposes.

I too am going through the same-sex category but our case is pretty straight forward in the sense that we have no kids or never been married. Only problem with us is there is a 13 year age gap between us but I don't think that will cause any big problems.

Best of luck to you!

 

[BeShoo]

If it's some kind of sexual offense accusation, as it sounds like it is, you'd be better to wait, because a successful conviction will probably make him ineligible to sponsor:

You may not be eligible to be a sponsor if you:
• ...
• were convicted of a violent criminal offence, any offence against a relative or any sexual offence—depending on circumstances such as the nature of the offence, how long ago it occurred and whether a pardon was issued
From: http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

You should also build a concrete case in terms of showing that the relationship is real (tons of evidence). In your situation, like PMM mentioned, he's got an ex-wife and child so you have really show that he really is gay and not just doing this for CIC purposes.

This may be a good point. In my case, we are a same-sex couple in a conjugal partnership. We spoke to a legal aid lawyer several weeks ago. Although she said we don't qualify for aid, she did make some brief comments. She said that it's like a double-edged sword: We not only have to prove that our relationship is genuine, but also that we are really gay. I don't know if it's that much of an issue with us, but I think it could be for you.

 

[jomarcabiles]

no this is not his child actually,,,its his exwifes friends son.but they never presented any evidence yet to the court till now and they never showed up in the court.we are just waiting till sept for the decision of the court and hoping they will dismiss the case.no one filed a case to him until he comes out of the closet..yeah i think we really have to wait until the case is dismiss,,

Thanx guys for the info,,eventhough this is frustrating to us...we have been living together for year and a half....

 

[BeShoo]

Hopefully, the case will be dismissed, but until then I think it would cause a delay in your application since any sort of sexual offense conviction is fatal to the application. In the meantime, start putting your application together. Once you are married, you'll be able to send it off, or shortly afterwards. It's surprising how long it can take to put everything together.

When my partner moved in with me from the U.S. at the beginning of February, I already had the forms 90% complete, but we've spent the last 6 months putting together all the evidence of the development of our relationship and we're not quite happy enough with it yet to send it in, though we should be soon. So, my advice is for you to start now. Get all your photographs, receipts, chat logs, cards, etc., etc. You will, of course, need to add evidence of the wedding, but you can add that later. Good luck.

 

[SaugaBoss]

i never knew u couldnt file if you have a case pending

 

[BeShoo]

i never knew u couldnt file if you have a case pending

So far as I know, there is nothing stopping you from applying with a case pending. It is only a conviction that is a barrier. However, what if there turns out to be a conviction that has to be appealed or even pardoned during the processing of the application? Once a conviction happened, they would stop processing and you'd lose all your money and have to start all over again. I just think it's easier and cleaner to wait till this is all resolved. It's probably only going to be another month or so.

 

[jomarcabiles]

thanx for all your insights guys,,,,,yes maybe we will start gathering all the info we need to proof that our relationship is genuine,,well we have ajoint bank accounts,both name on the lease,but lost the bills showing my calls to him but still has all my messages in computer from the first time we talk until we meet and start dating last year,im the beneficiary in his insurance and same with mine,,,he has me in his health insurance under his work and some cards and presents during special event but very few pictures since we're not fun of pix,,,lol

thanx again guys,,,we are waiting this sept for the decision and hopefully it will turn out good,,

 

[BeShoo]

very few pictures since we're not fun of pix,,,lol

At least try to get pictures of him with your friends and family and you with his friends and family. Also try to get some pictures of both/each of you doing activities together to show that you socialize together. If you can, try to get some pictures that are casual and not posed. Take pictures at various times. If it looks like all the pictures were taken the same day, it doesn't look good.;

 

[Lois Lane]

you can file but if there is a court case going on the visa will not be issued until its dealt with and of course he is not convicted....goodluck

 

[jomarcabiles]

hi guys!!!here i am again!!so my bf's case has been dismissed,,,the judge believe my bf that he didnt do what the complainant is saying,we are so happy and relieve for the result,,,now what we are working is about the application,,

i am just wondering what to do first,,so we send in the sponsorship application together with my OWP app and the rest of the papers.
do we have to attach any police clearance or no?
we got few pix of ours since both of us are not fun of taking pix,and also not so much emails since we didnt realize before that we will apply under the common law so and becoz we always see each other before and talk very often so we dont have so much emails,,but we have all our insurance,credit cards all in our both names,lease and some other letters from friends....thats all we got and im still afraid this is not enough...

im a bit confuse..

any insight guys!

thanx