Marriage

[armoured]

Thank you this gives me hope.

I don't want to be a downer but there have been threads and even news articles about issues for Jamaican male applicants sponsored by spouses in Canada. Short form, high degree of fraud where the applicants turn out to have other relationships and leave their spouses as soon as they land in Canada.

I know nothing about your situation and you're an adult, so I'm not preaching (although all sponsors should be careful). But I mention it as something that would possibly mean your spouse may have difficulty getting a TRV and processing take longer and be subject to more scrutiny.

 

[Flyingfast]

Good day everyone looking for some answers.
I've been separated from my ex husband for 16 months( i was married for 23 years). I only just got my divorce from him in March because I had to wait a year to file..... last September I met a jamaican man through a mutal friend... we are hoping to get married when he returns to Canada in August for work. My question is will immigration red flag us and deny me for spousal sponsorship where I only just got divorced.....

Nope. I was divorced just 4 months when I married my Jamaican wife. We knew each other less than 1 year, and I visited her twice before our wedding. When we applied, the estimated processing time was 23 months. Our application was all finished in 6 months. See my signature for details.

 

[newfoundlandgirl]

How do I find that

 

[newfoundlandgirl]

Nope. I was divorced just 4 months when I married my Jamaican wife. We knew each other less than 1 year, and I visited her twice before our wedding. When we applied, the estimated processing time was 23 months. Our application was all finished in 6 months. See my signature for details.

I see your details...thanks for the info.. he will be here In Canada when we marry, hopefully it will be a little easier.

 

[Dan Agbor]

To be clear: the point one would be addressing in this case is NOT that the divorce is invalid, but that the re-marriage is taking place so shortly after getting divorced. And the relevant point is that no, while the legal divorce is recent, the separation is more than a year in the past. (A related point would be potential confusion that the two relationships seems to overlap ... which is not technically forbidden but still...). It also makes clear that the current relationship should be dated from start of that relationship, not from date of divorce.

Now, you can think that it's not necessary, but it's a perfectly normal point to address and doing so would not raise any questions.

My situation (only as an example): was separated from previous spouse and living with current spouse for more than four years but divorce and re-marriage was only a few months before applying for spousal sponsorship. (Boring and trivial technical issue was preventing divorce). Of course we had a short letter of explanation even though it was fairly obvious - just to ensure no misunderstanding.

No explanation was 'required' or requested, but avoiding misunderstandings via a letter of explanation is quite normal.

Thanks for your write up. The whole concept is marriage breakdown doesn't occur in a day; that is a more reason why a start of another relationship is eminent as things deteriorates, and the declined of the previous relationship is confirmed by the divorce. There is no timeline set by law to wait for after divorce to get married; rather the law prevents you from getting married when you are already married to someone which is call bigamy. Also, divorce kicks in automatically after a year of separation, which is confirmed as marriage breakdown by law as the wasn't any consumption of the marriage. You can walk out of the court with your divorce certificate and married in front of the court the same day by law. However, how to demonstrate the development of your relationship would be relevant in clearing the cloud of marriage of convenience.

 

[armoured]

However, how to demonstrate the development of your relationship would be relevant in clearing the cloud of marriage of convenience.

I don't really disagree with any of this post of yours - to underline again, my point here in suggesting a letter of explanation may be useful is exactly this - to avoid any potential 'cloud' of marriage of convenience, esp where addressing it in a short letter is easy and helps show a clear timeline.

 

[Dan Agbor]

I don't really disagree with any of this post of yours - to underline again, my point here in suggesting a letter of explanation may be useful is exactly this - to avoid any potential 'cloud' of marriage of convenience, esp where addressing it in a short letter is easy and helps show a clear timeline.

Thanks immensely for your brilliant take and contribution. Have a good rest of your day.

 

[newfoundlandgirl]

Has anyone heard of Margarita with altitude immigration solutions?

 

[armoured]

Has anyone heard of Margarita with altitude immigration solutions?

No, but it sounds like a strong drink indeed.

 

[newfoundlandgirl]

What about Dags from Canada Migrate? I'm trying to find a immigration consultant to do the application for me and represent if needed

 

[armoured]

What about Dags from Canada Migrate? I'm trying to find a immigration consultant to do the application for me and represent if needed

I was joking above. No idea.

 

[newfoundlandgirl]

I was joking above. No idea.

I know may need that strong drink time this is all said and done

 

[Flyingfast]

I don't really disagree with any of this post of yours - to underline again, my point here in suggesting a letter of explanation may be useful is exactly this - to avoid any potential 'cloud' of marriage of convenience, esp where addressing it in a short letter is easy and helps show a clear timeline.

I was divorced just 4 months before I was married. I provided a letter of explanation on my previous marriage, divorce and new marriage. It certainly didn't hurt my application.

 

[armoured]

I was divorced just 4 months before I was married. I provided a letter of explanation on my previous marriage, divorce and new marriage. It certainly didn't hurt my application.

As noted, being divorced - even recently - doesn't necessarily cause a problem. The letter of explanation is mostly to make the timeline clear. I did this, too, and had no problems (mind I'd been living with my spouse for several years, just hadn't done the legal/admin step of divorce with my former spouse). Yes, people should understand that the legal procedure of divorce is distinct from the relationship (given waiting periods and court procedures); but sometimes they don't.

We do see cases once in a while here where IRCC has somehow misunderstood the timeline and thought or found the overlap was a problem (eg divorce happened after new marriage, or some issue with common law/ cohabitation). Usually can be resolved if it's just a misunderstanding but likely adds time to the application processing - and if it gets to procedural fairness letter, it can be quite unpleasant (burden of proof).

And - uncommon but non-zero - IRCC occasionally discovers actual problems, like invalid marriages (eg inadvertent bigamy) or various issues with common law.

Anyway, I'm repeating myself - but if a short letter of explanation (emphasis on SHORT and FACTUAL) can potentially clarify things, and avoid problems, then why not?