Worrying About Marriage and Immigration

[concorde411]

Ok everyone, hold on to your hats!

I met and fell in love with the love of my life on June 24, 2008 while on vacation in the Domenican Republic. I stayed at a resort with my family, (I am not from the DR, but I am an American Citizen). She was there alone. We met and fell in love and we began sending eachother e-mail since June 29, 2008.

Ok, so here's the intresting part. My fiance (the woman I met on the beach in the Domincan Republic) was seperated from her husband since April, 2008. She is still legally married but they have not had any contact since July 2008 (when he went back to Montreal to pick up his stuff).

I tried applying into Canada alone under the "Federal Skilled Worker Class" but was denied because of lack of adequate job experience. I have over 3 years of full time work experience but it is as a Hospital Medical Secretary hence I didn't qualify.

We learned that we couldn't apply under the 'conjugical partner class' hence we decided to expediate the
divorce process so that we can marry.

Question: How many challenges will the Immigration Officer give us for the following:
a. I had already applied but was denied

b. Once we are married (which we hope to be soon!!) we plan to submit all paperwork and have it processed for immigration. Will they be suspicious of me? I mean we can prove that we have been together since June 2008.

c. Here's the kicker: She is 60 and I am 23. She is gorgeous and we love eachother like any other couple. We just clicked and fell in love, it's as simple as that. Will they be more likely to interview us? Would they deny us on just that?

d. I would love nothing more than to live with her while we apply as outland. I plan to see the Immigration Officer at P.E. Trudeau Int'l Airport and show him/her all of our documents. From pictures, to dated e-mails, to our marriage license, to copies of our passports proving that we have traveled to see eachother on a consistent basis. Do you think they'll allow me to visit for 6 months and do you think my chances of being granted an extension are fair?

Note: Listen guys, I know and understand that our love is a little "different" only because of our age, but
we truly are a couple. Everyone who knows us and sees how we are truly in love and I just truly want us to finally be together because this distance (NJ to Montreal: although it's not too far, it's still far enough) its hard and we just want to spend the rest of our lives together.....like every other couple.

Please, let me know what you guys think, share any stories, words of advice, or other concerns that I should have that I haven't touched upon yet.

Thank you in advance for all your help.

Cheers!!!
PS: Sorry for the long post. Thank you again!!!!

 

[javcil]

Your case sounds similar to mine (although our age gap isn't quite as big; in our case it's male=23, female=38). So, age = red flag #1. I had also been previously married, and have children from that marriage, red flags #2 and 3. One difference is that my spouse is also from a non-visa exempt, European/Asian country. I think being from the US it would likely be easier for you.
Anyways, my spouse has his interview on Wednesday; I'll post again and let you know how the age gap played in. I've read a lot of couples it wasn't an issue, and other couples it was. IMHO, it depends on the number of red flags present, not just WHAT the red flags are.

 

[matthewc]

Maybe this is obvious, since it seems you're intent on coming to Canada, but you met in Dominican so it's a little confusing. Is she a Canadian citizen?

If so, then your best bet is to get the divorce finalised, marry, and apply for spousal sponsorship. Your big age difference is definitely a red flag, so you should be prepared for them to request an interview to assess your relationship. Read through OP2 sections 5.26 and (where applicable) 5.35 for the sorts of "evidence" they're looking to see as proof of your relationship. Statutory declarations (properly notarized) from family / friends who know your relationship is genuine will help.

As for visiting, I'd suggest you read here:

http://us2canada.com/visiting.php
http://us2canada.com/visitorrecord.php

Don't get distracted by the "inland" route for PR. It usually takes longer than the outside Canada route, and you can apply through the outside route, even if you are visiting Canada during processing. It's almost always better to go with the outside route for US citizens.

 

[boyee6576]

In my situation I am 10 years older than my husband he is 34 and I am 44. That was not even an issue at my husbands interview.

 

[concorde411]

Thank you both for your responses!!! I really appreciate it guys!!!

To answer your question Matthew yes, she is 100% Canadian, born and raised.

But do you guys think I will be able to stay for 6 months and have an extension given our present situation? (age difference) If so, do you think they'll allow me an extension?

Thank you so much again guys.....thank you!!!!

Cheers!!!!
As for the age difference, we are 36years apart. I truly understand how some people may have a problem with that but in the end, all that matters is that every heart finds love. Thank you for all your help.

 

[javcil]

I learned quickly, you can't help who you fall in love with. Love knows no age difference (yuck, sappy!!). I do know that my 23 year old husband is far more mature and compatible to me than a Canadian 23 year old, but that is also part of his culture. I also know, that's a purely biased opinion
I read somewhere before (but can't remember where, sorry) that an 'age gap' is considered to be 15-20+ years, more of concern if the woman is the sponsor and the older of the couple.

 

[concorde411]

Dear Javcil,

Oh NO!!! Our gap is 36 years and I am going to be sponsored by my future wife!! You said you read somewhere that the gap is 15-20 years and more red flags if she is older and is a female.

Do you think that truly complicates things?

Thank you for your help!!!

Cheers!!!

 

[javcil]

I think it complicates things a little, but if everything else looks good, it shouldn't be a problem. In saying this though, again I reiterate that my spouse is from a European/Asian country, and I think it's probably different for them than it is for Americans. Even if you have to go for an interview, if your relationship is genuine, it shouldn't be a problem. Just collect, collect, collect all evidence from now until you submit your application. Doesn't matter how small the evidence is, save everything!!

 

[stonecold39]

yeah this guys are really strict.. i hate but i have to go with them . i mean the embassy i have smiler i'm sri lanka wife Canadian never let me to get my ass there to see my wife now almost 6month they refuse my visit visa . and those Aholes ask me to apply for pr if i want to go there.. and this is really unfair

 

[heatherusa]

Not to be the kill-joy here but have you considered sponsoring her and then living in the US? Maybe the age difference wont look so suspicious when it is the other way around. Also, I think (although I may be wrong) it is harder to become a CDN PR than a US PR. Just a thought.