Needing clarification

[colleen_3]

Our (Canadian) daughter has been volunteering with a humanitarian work in Guatemala over the past 3 years and at Christmas became engaged to a great, Guatemalan guy who works for the same organization. They are working with a lawyer in Guatemala who will perform the ceremony and he has advised that they need "proof of singleness" from Canada. I talked with a person at the Guatemalan Embassy in Ottawa who quoted the same phrase, saying it was his best translation from the list of requirements written in Spanish. We have received differing views on what legal document constitutes "proof of singleness". Is it a sworn affidavit obtained from a lawyer in Canada? Is it a different, specific legal document we need to access (and, if so, what would the actual name of the document be and how can we access it?) The person at the Guatemalan Embassy in Canada said the process we need to follow is to get a copy of her birth certificate, passport and "proof of singleness" notarized, then take these documents to a Service Canada outlet to be stamped/validated and then send the documents to the Embassy in Ottawa to be signed -- which is fairly straight-forward if we could just ascertain what the required "proof of singleness" document is ... Any help you can provide would be so appreciated. Thanks! (The wedding date is July 8 so we are working to get everything done as soon as possible.)

 

[Riley Haas]

To the best of my knowledge there are two options and you're talking about the first one, which is a "Statement in lieu of Certificate of Non-Impediment to Marriage Abroad." What that means in English is that Global Affairs Canada needs to issue a statement saying she is free to marry. Please see this page http://international.gc.ca/world-monde/study_work_travel-etude_travail_voyage/authentication-authentification/marriage-mariage.aspx?lang=eng to learn how to get one.

Hope this helps.

 

[colleen_3]

Thanks, Riley.
Would you also be able to explain what the second of the two options would be?

 

[Riley Haas]

The other option is for her to get the statement from the Canadian diplomatic mission in Guatemala, if that's something they offer: http://www.canadainternational.gc.ca/guatemala/index.aspx?lang=eng

 

[colleen_3]

Thanks so much - I really appreciate the response! The Embassy of Canada in Guatemala has advised that it's something that needs to be done in Canada. However, since she's in Guatemala at present that presents challenges to getting the sworn statement that is needed .... Which leads to a few more questions ...
1. We're wondering now if perhaps a better option would be to have the legal marriage done in Canada and then have a celebration in Guatemalan after the fact. Could you advise on what would be needed legally if they decided to get married in Canada? Is there specific paperwork her Guatemalan fiance would need to provide? He currently has a valid Visa for Canada and has been here to visit us twice over the past year.
2. They are both involved at an NGO in Guatemala and plan to return there to continue with that work after the wedding so there are no immediate plans to sponsor him to come to Canada, however that may be in the plans down the road. Does having the marriage in Canada offer any advantages/carry more weight when it comes to a potential future sponsorship application?
Again, thanks for your input - much appreciated.

 

[Riley Haas]

Oh, my apologies. I thought you had been speaking to the Guatemalan Embassy here.
To answer your further questions:
[list type=decimal]
[*]He will need to prove his "singleness" as well, but my understanding is that, in my provinces in Canada, this is more of proving you are divorced if you have been married. I think the best thing to do is to call the City Hall (or municipal office) where they intend to marry and confirm if he needs to bring anything from Guatemala, just to be safe.
[*]The distinct advantage of being married in Canada is that the marriage certificate is familiar to the officer assessing the application. A marriage certificate from Guatemala will need to be translated and legalized and/or authenticated for use in Canada. So marrying in Canada will save some small extra steps down the road.[/list]

Hope this was helpful.
[/list]

 

[colleen_3]

Thanks - that is helpful. We've be in touch with both the Embassy in Guatemala and in Canada but have got rather vague information about what paperwork is needed as "proof of singleness" to get married in Guatemala. I'll take your advice and check with our local City Hall (we are located just north of Toronto) to see what would be needed for the marriage to take place in Ontario. I appreciate the insight.

 

[Riley Haas]

Good luck!