Everything you need to Know about Immigrating on Marriage Visa

Immigrating on Marriage Visa -What if marriage goes wrong

Many a times, the spouse sponsoring you may subject you to harassment, abuse and you may be forced to remain silent for the fear of loosing your immigration status, but no country accepts violence in any form, and you have legal rights to fight such violence and can defend your immigration. If you are Immigrating on Marriage Visa, better to stay updated on remedies available on issues affecting the aftermath of marriage having gone wrong.

Defend your immigration status against domestic violence, divorce.

It is not uncommon for citizens of developed countries or for the immigrants living in developed countries such as the US, Canada, Australia, UK often to find love in a foreign country.  Once they marry such foreign spouses, they sponsor their spouses to help immigrating on Marriage Visa to live with them in their country in accordance with the laws of the land.

Immigrating on Marriage Visa
Immigrating on Marriage Visa

Immigrating on a Marriage Visa

However, marrying someone with the intention of gaining an easy entry into a developed country such as the US, Canada, UK, Australia is considered an immigration fraud and could result in heavy penalties and even imprisonment.

Accordingly, immigration laws in these countries have been so framed to discourage people from faking marriages and devising marriage frauds.

It becomes important to know the immigration laws and rules before you get into a relationship and marriage with a person or citizen of a developed country.

Verify the identity of your potential spouse when Immigrating on Marriage Visa

  1. Ask for all the documents of the person you would be marrying, documents such as the social security document, driver’s license, Income tax statements, etc., helps you establish the identity of the person.
  2. If the person is divorced, separated, or widowed ask for the proofs thereof.
  3. Not all countries recognize poly amorous relationships or same sex marriages.
  4. The consular offices require that you prove your marriage, relationship is genuine, for which you have to stay in constant touch with your foreign spouse regularly. You need to prove that the marriage is in good faith by showing documents such as finance related – joint bank accounts, joint ownership of property, etc. Social documents- government registration of your marriage proves the legality of your marriage or relationship; Emotional relationship proof knowledge of each other’s personal life, etc. will be suffice to prove that the marriage is a genuine one.

Once your application is found to be genuine you will be awarded an appropriate visa according to the status you may be given a fiancé, spouse, partner visa of the respective country your spouse is a resident or citizen.

How to face instances of Domestic Violence and Abuse by sponsoring spouse

  1. If the sponsoring spouse abuses or resorts to domestic violence, threatening you that if, you resist their abuse you may lose your visa status.
  2. Irrespective of your visa status, you can always seek protection from various government and non-governmental organization when faced with domestic violence, abuse, which could be physical or mental. Assistance from such organization could include counseling, shelter, and monetary assistance.
  3. Most of the countries legal systems prohibits crime under any circumstance against any individual and you can and should report any violence against you to the nearest police or the law enforcement authorities.
  4. In addition, victims of domestic violence can independently apply for immigration under special rules. For example if you are in the US and been a victim of such violence you can apply for immigration under:
  • You can self-apply under the Violence against the Women Act (VAWA)
  • Request to remove the cancellation of removal under VAWA
  • U-non Immigrant cases (Victim of Crimes)
  • You are always free to contact an advocate, lawyer who speaks your language to explore more options to remain in the country and apply for immigration.

An Immigration Attorney protects your Immigration Status in the event of Divorce, Separation

Separation or divorce from your sponsoring spouse may affect your immigration status based on the number of years you have been together or your residential status in the foreign country, country of your sponsoring spouse.

The nature and extent of the effect depends on the divorce, separation status and your status in the foreign country.

Most countries would require you to be married to your sponsoring spouse for at least 2 years after having immigrated on marriage visa so you can self-apply for immigration. In case you are a permanent resident, you are in a better position to self apply for immigration. On the other hand, if you are a conditional permanent resident you may seek shelter as a refugee or on an asylum visa. In either cases, you had better contact an immigration attorney in your city.

Related Read- Process to apply for Marriage Visa

Mary Moksha

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