The CRAZY CBSA officer thinks my wife is married already!!

[canuck78]

Oh when they entered Canada it was a tourist visa on demand at the border they never applied for a visa before hand.

They would have applied for an ETA so they could have said they were married. Even at the border if they declare they were married it will recorded .

 

[Phalos]

An interview with csis overrides immigration. Not many people ever have contact with CSIS.

with csis you can pre arrange a phone call another time. VO calls unexpected and if u dont answer couple times, they might refuse application...am I wrong?

 

[Phalos]

They would have applied for an ETA so they could have said they were married. Even at the border if they declare they were married it will recorded .

exactly, some kind of application takes place regardless. so if something untruthful was
said back then, it haunts forever. theres no WHITE lie with immigration. They have a really BAD sense of humor.

 

[Phalos]

@canuck78 one thing I dont understand is, I thought one can be married but separated and at the same time apply for Spousal sponsorship, as long as you prove that you are separated?

 

[canuck78]

with csis you can pre arrange a phone call another time. VO calls unexpected and if u dont answer couple times, they might refuse application...am I wrong?

CSIS is an organization I fear more than immigration.

 

[canuck78]

exactly, some kind of application takes place regardless. so if something untruthful was
said back then, it haunts forever. theres no WHITE lie with immigration. They have a really BAD sense of humor.

It has nothing about a bad sense of humour. Immigration documents are legal documents so there should be no lies of any form.

 

[scylla]

They would have applied for an ETA so they could have said they were married. Even at the border if they declare they were married it will recorded .

No. OP mentioned 2014. This was pre-eTA.

 

[canuck78]

No. OP mentioned 2014. This was pre-eTA.

Missed the 2014 but if they mentioned if they were married at the border that would be in her record.

 

[armoured]

Missed the 2014 but if they mentioned if they were married at the border that would be in her record.

It may be important here whether the ex-boyfriend travelled ALONE to Canada and may have stated whether he was married to the sponsor. If that's the case - and this is literally the only piece of evidence attesting to sponsor being married - it's hard to see how she could be liable for that misstatement.

That said, this isn't exactly a legal determination of liability, I'd hesitate to guess at what level of proof or evidence is required.

Hence the support of a lawyer might really be important here. Presumably if this is the whole story, it may help to counter the point directly, but I do not know.

The other point that's critical here for the OP - the sponsor especially - is that if there's anything else more firm or documented in government files or the application indicating a previous marriage, any inconsistency or omissions in the response could make things worse.

GCMS notes would really help, as responding to unknown info is very difficult and fraught with issues.

 

[canuck78]

Agree that a lawyer is the way to go.

 

[armoured]

It may be important here whether the ex-boyfriend travelled ALONE to Canada and may have stated whether he was married to the sponsor. If that's the case - and this is literally the only piece of evidence attesting to sponsor being married - it's hard to see how she could be liable for that misstatement.

Should have noted that if sponsor and the ex travelled together, there could be a supposition (with potentially nasty consequences) that the sponsor was aware the ex represented himself as married at the port of entry.

Details may really matter here.

 

[canuck78]

CSIS is an organization I fear more than immigration.

Same thing as CIA and immigration. CIA is not something you want to have contact with.

 

[Phalos]

GCMS notes would really help, as responding to unknown info is very difficult and fraught with issues.

Agreed. It could be a serious issue that needs to be dealt with a lawyer. Or it could be something more benign, we just dont know without a gcms report.
What we can know for sure is that Visa Officer has SOMETHING on Applicant that she is using against him and is fishing for more inconsistencies. The fish is on the hook and Visa Officer is reeling in, its now up to applicant to get free before end up in the net.

 

[Canada2020eh]

@canuck78 one thing I dont understand is, I thought one can be married but separated and at the same time apply for Spousal sponsorship, as long as you prove that you are separated?

Maybe in other countries but in Canada and as far as IRCC is concerned the answer is no. In Canada a legal divorce is required before being able to marry again. Separation and divorce are 2 totally different things.

 

[scylla]

@canuck78 one thing I dont understand is, I thought one can be married but separated and at the same time apply for Spousal sponsorship, as long as you prove that you are separated?

Only if you apply as common law.