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Marriage/foreign divorce, totally confused.

Marriage/foreign divorce, totally confused.

Old Jul 5th 2003, 3:12 pm
  #1  
Six
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Posts: n/a
Default Marriage/foreign divorce, totally confused.

Hi...I was wondering if someone can give me a bit of information.

My fiance is Canadian, I am American. We have been dating over a year
and a half, with me visiting him in Canada off and on during this
time. We would like to get married, but are really confused on how to
go about this because I have a foreign divorce. I know we have to fill
out papers, get a lawyer approved letter and sent to Thunder Bay.

We know inland sponsorship allows us not to be seperated, but if
something would happen back in the states, like someone dying, for
instance, it's my understanding I can not leave and come back to
canada, because they won't let me in, and can cancel my application.
That seems really risky to me to have to take that course. Also, If I
go to the border and state I'm marrying a canadian and will be doing
an inland sponsorship, I have a feeling the border patrol will say,
"Sorry, go back home."

However, because I have a foreign divorce, I have to send to Thunder
Bay to get approved for a marriage license, and that can take up to
three months...If we decide that and I go to canada and leave after we
get married so he can sponsor me from canada (me in the states), can't
the border patrol refuse me entry based on the fact I'm going in to
marry a canadian? Won't my marriage license application be in their
computer or something? I just don't know how to get past the border,
and I want to be honest and do things totally legally. I don't want to
lie. I also don't want to be refused entry either. How can I do this?
Any experiences, advice?

Thanks so much.
Six
 
Old Jul 6th 2003, 1:33 am
  #2  
The Wizzard
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Posts: n/a
Default Re: Marriage/foreign divorce, totally confused.

First off it's not illegal to go to Canada and marry a Canadian, that's
not what causs the problem. What causes the problem is taht to admit you
as a visitor the officer must be satisfied you are a genuine visitor,
which means they must be convinced you are jsut visiting Canada with the
honest intention of leaving after your visit, a visitor is a temporary
resident. So problems arise when the officer can clearly see you have no
intention of ever leaving Canada, and it's not that it's paticularly bad
it's just that in doing so you no longer fit the category of visitor and
they have to obey the law. However there is such a thing as dual intent
where tehy can regonise that on the one side you are going to apply for
PR, however until you get PR you will still be a visitor and will obey
those rules, so if you get PR fine you aren't a visitor anymore and do
not have to leave (one intent) but if you fail to get PR and your
visitor visa expires you will leave Canada and obey the terms of yoru
visitor status (intent two). So, given that this is becoming more and
more common now there is an official in Canada landing class, as long as
you don't turn up at the border and look too obvious like with a million
boxes of possessions and no clear intent to ever leave Canada whether
you get PR or not, you should have no issues entering and staying and
applying from within.

If you decide you do just want to visit, marry and then leave and apply
from outside then you have no problems because you have one intent of
being a genuine visitor, what you do need tohugh is proof of that as
they will be skeptical and may think you intend not to leave. As long as
you can show a return ticket and some tie to the US you will be fine though.

When I married my wife in Canada I had no intention of remaining to
apply inland because I had to return to the UK and finish my last year
of university first. So I simply explained to the officer (cutoms was
never sent to immigration) that I was visiting my fiancee and yes we
were getting married but no i did not intend to apply for PR because I
still had to finish university in the UK and so was leaving in Early
September, showed return ticket for that date and had student card (but
she didnt ask for anymore proof) and I was admitted fine. Don't worry
about it, I visited my wife lots of times before i finally applied for
PR stating i was visiting my girlfriend then my fiancee then my wife and
the only time i ever had a problem was my first ever visit and that was
only because I was a student and it was summer and they wanted proof of
my finds cos many students go and work their way through summer without
permits.

Drew


Six wrote:
    > Hi...I was wondering if someone can give me a bit of information.
    >
    > My fiance is Canadian, I am American. We have been dating over a year
    > and a half, with me visiting him in Canada off and on during this
    > time. We would like to get married, but are really confused on how to
    > go about this because I have a foreign divorce. I know we have to fill
    > out papers, get a lawyer approved letter and sent to Thunder Bay.
    >
    > We know inland sponsorship allows us not to be seperated, but if
    > something would happen back in the states, like someone dying, for
    > instance, it's my understanding I can not leave and come back to
    > canada, because they won't let me in, and can cancel my application.
    > That seems really risky to me to have to take that course. Also, If I
    > go to the border and state I'm marrying a canadian and will be doing
    > an inland sponsorship, I have a feeling the border patrol will say,
    > "Sorry, go back home."
    >
    > However, because I have a foreign divorce, I have to send to Thunder
    > Bay to get approved for a marriage license, and that can take up to
    > three months...If we decide that and I go to canada and leave after we
    > get married so he can sponsor me from canada (me in the states), can't
    > the border patrol refuse me entry based on the fact I'm going in to
    > marry a canadian? Won't my marriage license application be in their
    > computer or something? I just don't know how to get past the border,
    > and I want to be honest and do things totally legally. I don't want to
    > lie. I also don't want to be refused entry either. How can I do this?
    > Any experiences, advice?
    >
    > Thanks so much.
    > Six
 

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