Complicated situation

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rm

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Complicated situation
« on: May 15, 2016, 06:10:52 PM »
I am very aware of the suspicions against marriage fraud. Born and raised in Canada, I never though I would be in a position to have to sponsor someone; now I need to sponsor my husband, who is an Indian citizen, and I understand many fraud marriages have come from there unfortunately.

Below is a summary of our circumstances, followed by a set of questions/concerns on which I would kindly appreciate direction/advice please:

- My husband is an Indian Citizen and went to the UK on a Student Visa in 2009 and had applied for an extension which was being processed

- From 2012-2014 I was in the UK working, and returned back to Canada in the summer of 2014 as there was no possibility of an extension for myself. During this time, we DID NOT know each other.

- We met online in October 2014 when I returned to Canada and he was still in the UK awaiting the outcome of his extension application. We were already talking about marriage by December as our relationship unfolded very quickly, but very seriously. We were in contact EVERYDAY with only 5 hours of time difference between us, we could be on the phone all the time and Skype once a week.

- I was looking for a job at the time and had such difficulty finding anything. I remained unemployed until January 2016, now earning less than minimum wage.

- We were discussing the prospects of getting married in the UK as we both have family there, but as his application was still being processed, we weren't sure if this would be considered 'legal' as we were not sure of the requirements (he is an Indian citizen in the UK without his passport as it was being processed and I am a Canadian Citizen). I was aware that I would need to sponsor him to come to Canada to live with me at some point, and we wanted to make sure we were taking the right steps to do this.

-In April 2015 my husband received notice that his application had been rejected and would need to return to India by September. At this point, we had to immediately clear any prospects of marrying in the UK and now our only option would be to marry in India. I did make a one-week trip to visit him in the UK in May 2015. The reason this was a short visit was because I was still looking for jobs and wanted to make sure I would be available in Canada should I have been called for an interview for any job application I had put through.

- We then made arrangements to marry in India in November 2015 and again I only stayed for a month because securing a job to have some financial standing to support my husband when he comes was important to me. I then found my current job in January 2015 and still working here earning less than minimum wage. As I have been working here for less than 6 months, arranging vacation time to visit him in India, where he is currently, will be impossible. Also, I am enrolled in a course that does not finish until June 2016, so I do need to remain here to complete it. On the other hand I have a suspicion that a visitation from my husband to Canada will be rejected on the grounds that he has no reason to return to India. I have heard of this happening to many people, including a friend recently (and her situation is much stronger than ours in every sense).

- Finally, I’m concerned about my employment situation: I have been offered a position to teach in China which financially secures me for a two-year contract. In this process I would also have to sponsor my husband to live with me in China (I have no idea how long their processing times are). However, I am worried that upon returning to Canada after teaching in China, I will face the same situation of having a hard time securing a job and would then be stuck in the same situation I was when I was unemployed for a year and half. And this would make the sponsorship process difficult, as I would have to demonstrate I have a job secured when I return to Canada.

Questions/Concerns:
- I am very aware that our situation can easily look like a marriage of convenience as once my husband's application in the UK was rejected, he returned to India where I also went, and we go married (our families did attend, but my side was fewer as I have little ties with family in India). I have only seen him physically twice since we met in October 2014 for a total of one month and one week. I understand that this can look very 'fishy'.

-  What are the best ways to clear up the arousal of this suspicion when my application is being reviewed?
- Would it be better for me to work in China for the next year or two, or shall I stay here and continue to search for jobs in Canada, as it pertains to the success of the sponsorship
- When would be the ‘right’ time to put the sponsorship application through given our complicated situation?
- We truly do want to be together as soon as possible. Our relationship is genuine, and we are serious about establishing stability in our life together and starting a family. This is a very difficult and stressful situation. I find it very difficult to accept that our application can be rejected on any grounds that the immigration officer may deem invalid. The fact that the criteria is not clear for sponsorship makes putting the application together very challenging. I do not have loose funds available to put the application through then have to fight an appeal. We are aware of our situation, but want to take the right steps at the same time and are trying to be patient.  We are worried, and would greatly appreciate some direction please. 

Thank you kindly.
« Last Edit: May 15, 2016, 06:18:41 PM by rm »

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Riley Haas

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Re: Complicated situation
« Reply #1 on: May 16, 2016, 11:20:33 AM »
My advice would be to hire a consultant or a lawyer, though I realize that could be a problem monetarily. Your situation is difficult, as you acknowledge. Any suggestions I can give you are just based on learning things while working for IMMIgroup, and I am no expert. But let me try anyway.

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I am very aware that our situation can easily look like a marriage of convenience as once my husband's application in the UK was rejected, he returned to India where I also went, and we go married (our families did attend, but my side was fewer as I have little ties with family in India). I have only seen him physically twice since we met in October 2014 for a total of one month and one week. I understand that this can look very 'fishy'.
You are 100% correct, this may indeed look fishy.

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What are the best ways to clear up the arousal of this suspicion when my application is being reviewed?
Fully explain your situation in a letter and be as honest and detailed as possible. Be as detailed as possible with your communication history as well. If you can get testimonials to the seriousness of your relationship from friends and family, do it.

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Would it be better for me to work in China for the next year or two, or shall I stay here and continue to search for jobs in Canada, as it pertains to the success of the sponsorship
I would guess that if you have more money when you return, that could only be a good thing. Also, if your husband can someone come to China with you, you would be way better off when you sponsored him upon your return. The fishiness you referred to might be removed if you have lived together for a few years.

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When would be the ‘right’ time to put the sponsorship application through given our complicated situation?
That honestly depends upon whether or not your husband would be able to live with you in China while you work there (if you take the job).

Hopefully I have been some help.

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rm

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Re: Complicated situation
« Reply #2 on: May 21, 2016, 05:08:36 PM »
Thanks so much for your response, a little disheartening, but thank you. I really wanted to stay here and establish some ground for us, I don't want to be moving from country to country. I don't mind within Canada, because if I go to China, I'll have to prove that I've got a place to stay/job as part of the process-just another headache. We're trying to hard to stabilize. I'm still split between making that decision.

Thank you kindly.

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Riley Haas

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Re: Complicated situation
« Reply #3 on: May 24, 2016, 10:14:08 AM »
Good luck to you.

 

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