Divorce was not done properly. Only found out after ITA.

[MecDeBanlieu]

Hi all. I am in a very concerning situation that I hope you all can help me with.

8 years ago, when I was 23 years old, I got married back in my home country. It was an arranged marriage where I didn't see the girl until the day of the marriage itself. Predictably, things didn't work out and we separated after 3 days without even consummating the marriage. The girl went back to her home and I have never seen her again. She sent me a notarised divorce affidavit where she declared she did not want to stay with me and by islamic law we are now divorced since I vested in her the power to divorce me in the kabin nama (divorce contract) and that we shall never again consider each other husband and wife. I didn't challenge it. By traditional islamic law, after 90 days, we were to de divorced. 90 days passed and I start living my life as a divorcee. It was a family marriage and my family all said we are now divorced, hence why I never had reason to look into this further.

After a few years, in 2020, I got married again and am now the father of 2 sons. I received my ITA a few weeks ago in the CEC class. I didn't even know my past marital history needs to be mentioned until I saw the full application after ITA. Since they ask for divorce certificate, I started to dig into my first marriage and I realised that the divorce wasn't executed properly by my country's law. It wasn't enough for her to just send me an affadavit. She also needed to notify the Union Chairman who will form an arbitration council and request the parties 3 times to meet for reconciliation. Once the 3 notices are sent and no party shows up/reconciliation can't be done, the divorce certificate is issued.

Given this newfound information, I have already sent my Union Chairman a notice of divorce. Naturally, no party is contesting. I should be receiving my divorce certificate in 60 days. But the problem is, my ITA lapses in 40 days.

What is the best thing to do in this situation? Should I just let the ITA lapse, get my divorce certificate, then wait for a new ITA? But can I get an ITA just now (while still being technically married to first wife and second wife as well by the laws of my country), and then do AOR after receiving my divorce certificate? Or should I wait for ITA once the divorce process is finished and I actually have the certificate in hand?

Or should I just apply somehow with my existing ITA?

 

[scylla]

Hi all. I am in a very concerning situation that I hope you all can help me with.

8 years ago, when I was 23 years old, I got married back in my home country. It was an arranged marriage where I didn't see the girl until the day of the marriage itself. Predictably, things didn't work out and we separated after 3 days without even consummating the marriage. The girl went back to her home and I have never seen her again. She sent me a notarised divorce affidavit where she declared she did not want to stay with me and by islamic law we are now divorced since I vested in her the power to divorce me in the kabin nama (divorce contract) and that we shall never again consider each other husband and wife. I didn't challenge it. By traditional islamic law, after 90 days, we were to de divorced. 90 days passed and I start living my life as a divorcee. It was a family marriage and my family all said we are now divorced, hence why I never had reason to look into this further.

After a few years, in 2020, I got married again and am now the father of 2 sons. I received my ITA a few weeks ago in the CEC class. I didn't even know my past marital history needs to be mentioned until I saw the full application after ITA. Since they ask for divorce certificate, I started to dig into my first marriage and I realised that the divorce wasn't executed properly by my country's law. It wasn't enough for her to just send me an affadavit. She also needed to notify the Union Chairman who will form an arbitration council and request the parties 3 times to meet for reconciliation. Once the 3 notices are sent and no party shows up/reconciliation can't be done, the divorce certificate is issued.

Given this newfound information, I have already sent my Union Chairman a notice of divorce. Naturally, no party is contesting. I should be receiving my divorce certificate in 60 days. But the problem is, my ITA lapses in 40 days.

What is the best thing to do in this situation? Should I just let the ITA lapse, get my divorce certificate, then wait for a new ITA? But can I get an ITA just now (while still being technically married to first wife and second wife as well by the laws of my country), and then do AOR after receiving my divorce certificate? Or should I wait for ITA once the divorce process is finished and I actually have the certificate in hand?

Or should I just apply somehow with my existing ITA?

Change your marital status to common law and proceed with the application.

 

[CanGoldDigger]

So your second marriage was illegal ?

 

[CanGoldDigger]

You definitely don't need to decline your ITA. It's not a deal breaker. Just attach a letter of explanation with any documental proofs you have. The documents cab be submitted and attached to your application after the AOR.

 

[scylla]

Hi all. I am in a very concerning situation that I hope you all can help me with.

8 years ago, when I was 23 years old, I got married back in my home country. It was an arranged marriage where I didn't see the girl until the day of the marriage itself. Predictably, things didn't work out and we separated after 3 days without even consummating the marriage. The girl went back to her home and I have never seen her again. She sent me a notarised divorce affidavit where she declared she did not want to stay with me and by islamic law we are now divorced since I vested in her the power to divorce me in the kabin nama (divorce contract) and that we shall never again consider each other husband and wife. I didn't challenge it. By traditional islamic law, after 90 days, we were to de divorced. 90 days passed and I start living my life as a divorcee. It was a family marriage and my family all said we are now divorced, hence why I never had reason to look into this further.

After a few years, in 2020, I got married again and am now the father of 2 sons. I received my ITA a few weeks ago in the CEC class. I didn't even know my past marital history needs to be mentioned until I saw the full application after ITA. Since they ask for divorce certificate, I started to dig into my first marriage and I realised that the divorce wasn't executed properly by my country's law. It wasn't enough for her to just send me an affadavit. She also needed to notify the Union Chairman who will form an arbitration council and request the parties 3 times to meet for reconciliation. Once the 3 notices are sent and no party shows up/reconciliation can't be done, the divorce certificate is issued.

Given this newfound information, I have already sent my Union Chairman a notice of divorce. Naturally, no party is contesting. I should be receiving my divorce certificate in 60 days. But the problem is, my ITA lapses in 40 days.

What is the best thing to do in this situation? Should I just let the ITA lapse, get my divorce certificate, then wait for a new ITA? But can I get an ITA just now (while still being technically married to first wife and second wife as well by the laws of my country), and then do AOR after receiving my divorce certificate? Or should I wait for ITA once the divorce process is finished and I actually have the certificate in hand?

Or should I just apply somehow with my existing ITA?

Just to be very clear, for Canadian immigration purposes, it is not enough to simply get the official divorce documents for your marriage to be recognized. You will also need to remarry your second wife after your divorce is officially finalized.

Again, I would apply as common law instead. Presumably you have lived with your second wife continuously for at least one full year. You can include an LOE explaining the marriage situation and why you have changed status to common law.

 

[CanGoldDigger]

Just to be very clear, for Canadian immigration purposes, it is not enough to simply get the official divorce documents for your marriage to be recognized. You will also need to remarry your second wife after your divorce is officially finalized.

Again, I would apply as common law instead. Presumably you have lived with your second wife continuously for at least one full year. You can include an LOE explaining the marriage situation and why you have changed status to common law.

The question is can he have a common law status if he is not legally divorced?

 

[scylla]

The question is can he have a common law status if he is not legally divorced?

Yes, he certainly can.

 

[MecDeBanlieu]

So your second marriage was illegal ?

Actually it's not illegal, but only because, embarrassingly, polygamy is allowed in my country. While obviously I am not, in practice, in a polygamous union since I have happily been married for 4 years now to my second wife with no other people in the picture, on paper that is where things stand. However, as far I know, from digging up on this situation after finding myself in this current predicament, Canada doesn't recognise polygamous unions even if it is legal in the person's home country. Hence why I am asking y'all what is the best way forward.

 

[MecDeBanlieu]

Just to be very clear, for Canadian immigration purposes, it is not enough to simply get the official divorce documents for your marriage to be recognized. You will also need to remarry your second wife after your divorce is officially finalized.

Again, I would apply as common law instead. Presumably you have lived with your second wife continuously for at least one full year. You can include an LOE explaining the marriage situation and why you have changed status to common law.

Thanks so much for your advice. If I do apply as common law, would it suffice to just include my new notice of divorce and the first notice I received from the Legal Wing of my Union Chairman? I am hesitating to include the divorce affadavit she sent me 8 years ago cuz she wrote that I was rude to her and she doesn't see a future with me. I fear it won't reflect well on my character to include that.

 

[scylla]

Thanks so much for your advice. If I do apply as common law, would it suffice to just include my new notice of divorce and the first notice I received from the Legal Wing of my Union Chairman? I am hesitating to include the divorce affadavit she sent me 8 years ago cuz she wrote that I was rude to her and she doesn't see a future with me. I fear it won't reflect well on my character to include that.

If you are applying as common law you need to provide evidence that you have lived with your current partner continuously for at least one full year. This is what is most important.