Possibilities to Succed With Same Sex Sponsorship

[sillymemo]

I lived in Canada almost 4 years but my status was refugge claimant and my claim got denied and I got asked to leave the country and I did so las feb 2010.
I met my current partner (same sex) almost at the end of my stay in Canada, like 4 moths before laeving. ( he tryied to help me sending letters to the immigraton minister and some other ppl but obviously it didnt work, but he tried tho)
I was told when I left that I had to wait a year to apply for any other kind of immigration thing due I got asked to leave the country and i did so. I was not forced to do it tho.
we continued our relationship (long distance) after I left and he has come to visit me during the last 11 months 3 times to Mexico and we've somehow work it out communicating through msn, skype, mail, phone calls and even he has sent me some money sometimes, we love eachother and want to live together.
now he wants to sponsor me to get me back to Canada under the family class (conjugal partner) coz same sex marriage in mexico is not recognized as valid for canadian immigration purposes.

the question is: Does anyone has some knowledge if our application has some possibilities to succed?


thanks guys

 

[Huron]

now he wants to sponsor me to get me back to Canada under the family class (conjugal partner) coz same sex marriage in mexico is not recognized as valid for canadian immigration purposes.

Hola Memo, I was wondering who or where you were told that same sex marriage in mexico is not recognized as valid for Canadian Immigration purposes.....As I am in a some what similar case. (I am Canadian, spouse is Mexican, we live in Mexico and were married in Mexico City. My spouse has only travelled with me to Canada on vacation and now we want to return to live in Canada)

Same Sex marriage is only performed in Mexico City but is legal, valid, and recognized in the whole Mexican Republic and by all government agencies in Mexico including IMSS and Mexican Immigration)

My understanding is:
"If you were married outside Canada, you may apply to sponsor your same-sex partner as a spouse as long as the marriage is legally recognized according to both the law of the place where the marriage occurred and under Canadian law."

http://www.cic.gc.ca/english/immigrate/sponsor/spouse-apply-who.asp

 

[nylalisa]

I have the same understanding Huron, since same-sex marriages can be performed in Mexico city and are valid all across the country, means they are recognized in Canada as valid.

There is a list of places provided on the website where same-sex marriages are valid but it also says below that it's just a guide, so other countries may also recognize them.

 

[confusednscared]

I think you have enough evidence to prove your rship is real. Keep building up on everything you can use as evidence to prove your rship to CIC. You needn't worry much about the marriage in Mexico since it's legal. Just focus more of your energy on getting the evidence even if they are restaurant receipts from dinners/lunches you and your partner had while he visited you in Mexico.

My only concern with you is you said you only knew your partner 4 months prior to leaving Canada. Are you able to gather enough evidence as well to show that you both had some rship going well ahead before you found out you had to leave Canada?

I was a failed refugee/PRRA applicant in Canada and I got deported. However, I had met my partner about a year before I found out about the negative decisions on my file. In my immigration notes at my Visa Office, the officer's main concern for calling me in for an interview was to verify that our rship is real and it wasn't solely put in for immigration purposes. One of the points my IO made in my notes which made him convinced that we are a genuine couple was the fact that I knew my partner long before I found out about my immigration case and I also could have answered questions about him.

I think you may very well be interviewed due to your previous claim in Canada but the focus is for you to build on creating a concrete case to submit to the VO.

One little word of advice for you here is if you have documents that are in Spanish you should start getting them translated into English by a notarized translator service.

Bien Suerte

 

[sillymemo]

I think you have enough evidence to prove your rship is real. Keep building up on everything you can use as evidence to prove your rship to CIC. You needn't worry much about the marriage in Mexico since it's legal. Just focus more of your energy on getting the evidence even if they are restaurant receipts from dinners/lunches you and your partner had while he visited you in Mexico.

My only concern with you is you said you only knew your partner 4 months prior to leaving Canada. Are you able to gather enough evidence as well to show that you both had some rship going well ahead before you found out you had to leave Canada?

I was a failed refugee/PRRA applicant in Canada and I got deported. However, I had met my partner about a year before I found out about the negative decisions on my file. In my immigration notes at my Visa Office, the officer's main concern for calling me in for an interview was to verify that our rship is real and it wasn't solely put in for immigration purposes. One of the points my IO made in my notes which made him convinced that we are a genuine couple was the fact that I knew my partner long before I found out about my immigration case and I also could have answered questions about him.

I think you may very well be interviewed due to your previous claim in Canada but the focus is for you to build on creating a concrete case to submit to the VO.

One little word of advice for you here is if you have documents that are in Spanish you should start getting them translated into English by a notarized translator service.

Bien Suerte

hey confusedandscared


what was the result of your process, I hoep you´ve had had a positive one
btw, how long dod it take?

 

[Huron]

now he wants to sponsor me to get me back to Canada under the family class (conjugal partner) coz same sex marriage in mexico is not recognized as valid for canadian immigration purposes.

SillyMemo where did you get your information that same sex marriage from Mexico is not recognized as valid for Canadian immigration purposes?

 

[Huron]

One little word of advice for you here is if you have documents that are in Spanish you should start getting them translated into English by a notarized translator service.

Bien Suerte

My understanding is that only specific documents like police reports need to be done by a certified or notarized translator ( in Mexico a traductor perito certificado por el estado) and other documents, like chat logs can be translated by anyone, Have I misunderstood something?

 

[canadianwoman]

Officially, CIC wants everything done by a certified translator, but because of the cost most people don't do this. They get the official docs done by a certified translator, and get supporting evidence like emails done by a friend or whoever. The people on this forum who have done it this cheaper way have never reported any problems getting their application accepted.

 

[jillandmat]

you have to have all certificates and basically anything you send in translated by a notary public

 

[BeShoo]

I'm fairly certain that a legal same-sex marriage performed in Mexico City is valid for Canadian immigration. Since the possibility of marrying there is fairly recent, the Canadian documents are not u- to date on this, but that doesn't mean it wouldn't be recognized.

You task for the conjugal partnership is to prove that your partnership is like a marriage in every way that is possible given your situation. This would include things like financial arrangements and wills, etc. The list I posted here: http://www.canadavisa.com/canada-immigration-discussion-board/spousal-sponsorship-t46995.0.html;msg357741#msg357741 should give you a good idea of what's considered "conjugal". You must be able to prove that you have been in a committed (not just bf/bf) relationship for at least one year at the time of the application).

If you are married, the 1-year thing doesn't not apply, but you are still expected to sho that your relationship developed prior to the marriage, and therefore the marriage is not just (or mainly) for purposes of immigration.

 

[Huron]

you have to have all certificates and basically anything you send in translated by a notary public

Hi jillandmat could you let me know where you found this information? I have searched in all of the CIC documents and I have not found anywhere it saying all the translations need to be done my a notary public. All I have been able to find is the following....


Part 3 Region specific information (Latin America)
Page 2

If your documents are not in English or French, include an accurate translation with a copy of the originals. Failure to do so could result in substantial processing delays.

Page 6
You must attach the original police certificate(s) to the application. If the original certificate is neither in English nor in French, submit both, the certificate and the original copy of a translation prepared by an accredited translator.

Which leads me to believe that only the Police certs need to be translated by an accredited translator (traductor perito en Mexico) not notary public.

I would really like to get an answer to this as I have been doing the translations myself as we have a lot of translations, (4 years of apt rental contracts, and each contract is 6 legal pages front and back, wills, deed to the house we own together in Mexico, as well as our marriage certificate and spouses birth certificate, joint bank statements, and my immigration doc for Mexico, we have lived together in Mexico for the past 8 years so most of our "proof" is in Spanish.

I do not want to waste anymore time doing the translations if I will have to pay an accredited translator to do it.
thanks

 

[jillandmat]

how do they know what you translate is right? -- it needs to be done by someone approved by the embassy. Contact the embassy and ask for a list of translators.

this is for any document that you send the embassy (birth certificates, marriage licences) etc...
for the emails and stuff I would do a handful by the normal translator and then i'd just leave the rest
but for sure any LEGAL document needs to be done by an accreddited translator.

this is common sense.. and having done many things at the embassy -- (passport renewal, citizenship requests) you have to get it all done.

We also had to get it legalized by the ministry as well.... not sure if you have to do that too.

so basically lots of stamps and stickers

 

[canda]

Huron
How are you and your process? I noticed that you seem confused about what should be translated. We got a certified translator to translate the following:

Police reports (3 different states)
My husbands birth certificate
our lease hee in Mexico

I think thats it and we still are not sure if we needed to do all of those but so far so good. We used the same translator to translate documents when we applied for a visitors visa and it went very smooth. I recall in the application booklet that they state exactly which documents need to be translated. Check your check list and i think its there as well.
Good luck, hope that helps

 

[Huron]

canda

Thank you so much for your answer. I hope to be able to submit our application before the end of the month. Police certs done and am going to do meds next week.

Yes I am very confused about what really needs to be translated by perito as we have a lot of documents. We have received a few quotes to translate all of our documents and proof, (rental contracts, FM 2, wills, ecrituras for the house, birth certificates, police certificates, marriage certificate etc) and they came to around $2000 CAN. I went through all the guides and the Latin America region specific guide as well and I only found where it said the Police Certificates need to be translated by an accredited translator. Otherwise it says if your documents are not in English or French; include an accurate translation with a copy of the originals. (I can provide an accurate translation myself since I am trilingual)

We applied for a multiple entry TRV and received it a few months ago and we did not provide ANY translations, just photo copies of, Mex birth certificate, Mex Marriage license, my FM2 and our escrituras for our home, again all in Spanish with no translations.

Thanks again for your input!

 

[canda]

Wow thats great that you didn't have o ranslate anything for multiple visa, we had to translate bank statments, leters from his work etc... Each document for us cost about $200.00 pesos each if that helps at all.
Good luck Huron.