Getting married to a Colombian

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NickF

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Getting married to a Colombian
« on: November 19, 2015, 10:24:16 PM »
Hello, I am posting for the first time. I am a Canadian citizen, been living in Canada all my 64 years and soon retiring next year. My Colombian girlfriend, that I know for 18 months was just refused her application for refugee and had to return to Colombia because of that and also that her passport was near expiration. She had been here for 2 years on a visitor visa and applied for refugee sometime during last year. She is now in Colombia and went through the process of applying for a supervisa which got refused. She has family in Colombia as well. We were planning on getting married early next year when my retirement funds would start coming in. My question is if I go to Colombia and marry her say before the end of this year, can she somehow legally come and live with me in Canada during the long waiting time before her permanent resident papers are approved ? Even some kind of temporary stay visa. I asked around and it takes about 14-16 months. She is really needed here as her grandchildren miss her a lot and she would rather wait here than over there. Her applying for refugee was a misunderstanding by an immigration lawyer she went to get a consultation on when she went just to get a 6 month extension. She really didn't need to apply as her visa was good. Thanks

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Riley Haas

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Re: Getting married to a Colombian
« Reply #1 on: November 20, 2015, 09:00:25 AM »
This is a tough question because of the previous rejections. The first thing you need to find out is whether or not she is considered admissible. Because if she's inadmissible, then you won't be able to sponsor her.
You can sponsor her inland if you can get her in the country, but if you can't get her in the country, you will have to sponsor her outland. (Again, if she's admissible.)
I know she's already been burned, but I would recommend a consultation with one of our consultants.

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NickF

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Re: Getting married to a Colombian
« Reply #2 on: November 20, 2015, 11:39:57 PM »
Thanks Riley. If she is not admissible  (worse case scenario) then I cannot marry her inland as she can't come in. If I go outland to marry her there, which I am willing to do if necessary, will she be admissible ( after the wait process) and if so how many months/years are we looking at approx. And also how does one find out if she is admissible or not now ? She just got denied her refugee application and left voluntarily on her own. She was going to leave anyway after her visa expired but an immigration lawyer suggested to apply for that refugee status which got refused . Then shortly after she arrived in Columbia she applied for a supervisa  which got also rejected most likely because of her refugee refusal. Now she has 2 rejections on her. I am very sure that if she just did as she wanted, to go back after her 6 month visa expired and re-apply for a visitor visa say after 4-6 months she would have gotten it and we would be getting married in Canada next March.
What was her crime ? Applying for a status change ? She is just a grandmother that has a sister and a son in Colombia and a daughter with family in Montreal. Isn't that enough for family ties.

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Riley Haas

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Re: Getting married to a Colombian
« Reply #3 on: November 23, 2015, 09:57:02 AM »
Unfortunately sponsoring her will not make her admissible in and of itself. If she's inadmissible (and honestly I do not know, I was just suggesting the possibility, given the rejections you have mentioned) that has to get resolved first. I'm sorry for the confusion and for worrying you.
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What was her crime ? Applying for a status change ? She is just a grandmother that has a sister and a son in Colombia and a daughter with family in Montreal. Isn't that enough for family ties.
It's not that she committed a crime; she didn't. If she's inadmissible - let me stress the 'if' - it's because of details that I don't have access to, but it would be (for example) because she made false statements on her applications. I am not saying she did this. But, if she did, it's an issue. Again, I apologize for thinking aloud. The refusal letters should have given a reason why she was denied on the super visa and refugee.
If she is inadmissible, it will say. If it's another reason, then that's something to work off of (i.e. you may be able to sponsor her).
This is really out of my expertise and I would strongly suggest a consultation.

Riley

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NickF

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Re: Getting married to a Colombian
« Reply #4 on: November 27, 2015, 02:50:31 PM »
Thanks a lot Riley. i appreciate very much your quick reply.
Although she was denied refugee AND supervisa status for the reasons of mainly no strong ties to her home country ( she does have family there, just to say) and sponsorship here ( I imagine a money funding guarantee thing), But I am marrying her so I would imagine things should change as there will be no question of family ties at her country and sponsoring her here in Quebec ( Quebec doesn't care or ask about sponsor's financial status). My question is where do I start from here, as I know I will have to go to Colombia to marry her and wait out the process. Wouldd it be OK if I go to Canada immigration office and ask them what is the best way according to her and my situation. I don't mind waiting but my fear will be that even after I marry her, she may get refused for whatever surprise reason, then what.

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Riley Haas

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Re: Getting married to a Colombian
« Reply #5 on: November 27, 2015, 03:26:28 PM »
If you call CIC, they will only be able to tell you very little, as they are not allowed to give advice.
There might be a Visa Application Centre in Columbia that could tell you whether or not you've completed all the forms and such but, again, they cannot give you advice. Here it is: http://www.vfsglobal.ca/canada/colombia/english/index.html They are a private company, FYI. And I'm not sure they can help with sponsorships.

So, marry her and then apply to sponsor, but you might want to get representative. We don't deal with Quebec cases, I'm sorry to say.

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NickF

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Re: Getting married to a Colombian
« Reply #6 on: November 27, 2015, 05:21:58 PM »
Got it ! Thanks Riley

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Riley Haas

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Re: Getting married to a Colombian
« Reply #7 on: November 30, 2015, 08:50:24 AM »
You are welcome. Good luck to you.

 

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