which is better? Now or later

[abelkwh]

Hi, if anyone can help,

The situation is as follows: I am a Singaporean working in China now and have recently applied for FSW (the initial stage now) but i was wondering if i should declare now or get married since i have a girlfriend (a china chinese) whom i want to marry later in 1 to 2 yrs time. Should i apply as a FSW individual now and get the FSW visa first then when i go over to canada then i apply for her as a spouse (after we get married out of canada or in canada (if it doesnt matter)) or should we get married before the interview session and declare her as my spouse in the application form, since then a change in status would apply for the interview.

Which is faster for her to get a spouse visa (PR)? Before i depart for canada after getting the FSW visa or after i land in canada and return for her and get married elsewhere or in canada. Which is a faster way for her visa (PR) to be approved (i heard that chinese nationals have a long waiting list). But after i get the PR, will it be a different story for her to get PR? i do not intend for us to be separated for too long a period.

Thanks!

 

[Leon]

It's better to get married to her and add her to your application and you can do that right now if you want. Why wait until the interview. You may not even be called for interview. Have you been living together for 12 months? If yes, then you don't even have to marry her, you can apply as common law partners. The problem if you get PR and right away get married and apply to sponsor your wife is that immigration feels fooled that you were planning the whole thing like that so they will question if you had lived together for 12 months before you landed as a PR and if you had, they will forbid you from sponsoring your spouse based on that you should have added her to your file.

 

[abelkwh]

But dont they need proof as living together? what kind of proof can i offer to the immigration officer if called for interview? this is really perplexing, thats why i applied without her name! what advice?

Appreciate it! thanks

 

[Leon]

1. If you haven't lived together for 12 months, you have to marry her before you can add her to your file.

2. If you have lived together for 12 months or more, you must add her to your file because under Canadian law, she is your common law wife. You would have to sign a declaration stating that you have lived together for 12 months.

They will not ask for proof because you are applying together as a couple. If you got PR first and then married and applied to sponsor a wife, they would ask for proof.

 

[rupeshhari]

have you applied already? what stage are you at. If at the stage of CIO, then i think you can still add her name to the application. If at the stage of visa office, then i am not sure but maybe you can send them the changed forms and the additional application fees.

Leon - what do you think?

 

[Leon]

You can always add another person to the file, even after you have been issued your PR visa and under immigration regulations, you have to. If a PR applies as a single and then either fills 12 months of living with a partner which qualifies them as common law or gets married, he must add his spouse to his file. If he doesn't do it and goes to Canada and lands as a single person, it's considered fraud.

 

[maruti81]

The problem if you get PR and right away get married and apply to sponsor your wife is that immigration feels fooled that you were planning the whole thing like that so they will question if you had lived together for 12 months before you landed as a PR and if you had, they will forbid you from sponsoring your spouse based on that you should have added her to your file.

Hi Leon/Rupeshhari,
I am in a similar situation. I am in USA and my girl friend is in India. We never lived together. We studied undergrad in same batch and since then are in touch through phone and emails on and off since 7 years. If everything goes well, I am expecting my PR by next Summer or before (my full application to Buffalo reached on July 9).
Once I get my PR, i am planning to marry her, then apply her as my partner. I heard that I need to be in Canada to apply for her as a sponsor. I really don't want to live separated for a long time from her after marriage. So, is this a good option? Please feel free to advise with your opinion as friend.

The reason that I am not marrying right now is that my days seem to be counted in USA because of recession, and until I get at least 1-2 year stable career, I want to wait.

 

[rupeshhari]

Well, if she is not your common law wife, then you would have to wait for after marriage. A common law wife is one that you have co-habited with for at least one year. This is my understanding. You should wait for Leon to reply.

 

[Leon]

Yes, go ahead with your plan, live separately, get your PR and get married and sponsor her after you become a PR. You do have to be in Canada to sponsor her so you will be apart for a few months.

 

[abelkwh]

Hi guys,

Me again, the one who is a singaporean with a China chinese GF. yes, we have lived together for more than 12 mths but i have applied as an individual without her name as a spouse (cause we are not married) and i did not put her down as a common law partner cause i do not know what proof i can provide to show that she has lived with me for more than 12 mths and we do not have much proof for that either. So what should i do? I am only in the initial stage of application where i just submitted the forms to Nova Scotia as FSW. So is it still possible to add her as a common law later if there is no need for proof (as i do not have much proof for that besides photos taken from our numerous trips together overseas). adding her later, i mean when required to send the 2nd set of application to the local visa office for processing. As such, please advise on what necessary steps i should take.

Thanks

 

[abelkwh]

Thanks for the reply, i do not have such a problem and i am not from NUS, i graduated from a canadian and US university, so such probems do not exist. But really appreciate yr reply.

So have u gotten yr PR status or still in the 2nd stage?

 

[rupeshhari]

still in the 2nd stage. Buffalo visa office is still doing Feb to Dec 2008 applicants.

 

[abelkwh]

Just wondering, why is yr visa done at buffalo office instead of Singapore? Are u living in the states now or in canada?

 

[rupeshhari]

I am studying in the US now.