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Visa refused

I will

Star Member
Jul 10, 2020
87
5
My wife came to India 13years ago and ended up into a forced- fraud marriage. After a month, she got her passport back but was threatened by the guys family. She came back to Canada and his other family members who live in Canada kept a tab on her. Out of fear for her safety and her families, she kept mum. The guy had an interview and failed. He was denied visa. After a few years, he ended up getting married to a girl in India and has 2kids with her. After 13years and a 7year long distance relationship, we got married (I live in India). My wife came 3times to India for me. We applied for spousal sponsorship. Her side sponsor eligibility passed. We had interview. She came to India to be with me for interview. After 14 long months of of playing the waiting game, the results came as a refusal.
 

I will

Star Member
Jul 10, 2020
87
5
He remarried and has 2kids and when we got married, it's denied. The papers said she is legally still married to the first guy who she was tricked into marriage. How is she suppose to get out of the tricked marriage.
 

canuck78

VIP Member
Jun 18, 2017
55,588
13,519
He remarried and has 2kids and when we got married, it's denied. The papers said she is legally still married to the first guy who she was tricked into marriage. How is she suppose to get out of the tricked marriage.
She needs to file for a divorce. She is eligible for one in Canada. You were correctly refused. Your marriage will not be considered valid by Canada. Once she gets divorced you need to get married again since the first marriage will not be recognized by Canada.
 
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scylla

VIP Member
Jun 8, 2010
95,840
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
He remarried and has 2kids and when we got married, it's denied. The papers said she is legally still married to the first guy who she was tricked into marriage. How is she suppose to get out of the tricked marriage.
Your marriage isn't valid since she is still married to her first husband. Unfortunately the application to sponsor you was correctly refused. You have two options:

1) Have your wife get an office divorce from her first husband. Once the divorce is final, she will need to remarry you to make your marriage legal in Canada's eyes. She can then apply to sponsor you again for PR as her spouse.
2) If you have lived together continuously for at least one full year and have evidence to prove this, she can submit a new application to sponsor you as her common law partner.
 

I will

Star Member
Jul 10, 2020
87
5
Actually my wife family back ground not indian.her parents not born india.first time she came india 2008 with her friends.one of her friend 's mom was agent. shecheated with them. her passport stolen..she did marriage on gun point...after she return canada .guy family applied and rejected ..
I met my wife 2013 and we married 2018.. .we did not mention in file about that marriage.my wife join interview with me she explain to interviewr thats not marriage it was force marriage i dont commit that marriage that why she did not file divorce..other side we inquiry guy married india and have two kids
 

bian07

Hero Member
May 19, 2017
447
131
That still won't change the fact that she is still married to the other person. she needs to divorce him.

you also did not declare this marriage in your application? that was not a good move, you definitely should have included it.
 

scylla

VIP Member
Jun 8, 2010
95,840
22,108
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Divorce or annulmentseparation.?.bcz we have no contact with that person
Separation is not enough. You need either divorce or annulment.
 

VancouverBoy

Full Member
Jun 8, 2020
25
11
1st of all she need Legal Divorce. 2nd when she come to India she need to get NOC letter from Canadian High Comition. 3rd when u both get Married need to register ur marriage in Indian marriage registrar. without NOC Registrar office will not register ur marriage NOC means high commition Canada checked her status in Canada.
 

I will

Star Member
Jul 10, 2020
87
5
Is there any way to get a fast divorce? She's gone into depression and in shock from all of this. Anyone know what's the quickest way to get a divorce rather than waiting a year?
 

VancouverBoy

Full Member
Jun 8, 2020
25
11
Is there any way to get a fast divorce? She's gone into depression and in shock from all of this. Anyone know what's the quickest way to get a divorce rather than waiting a year?
one year separation then she can apply for divorce.. in which Province she live?
 

I will

Star Member
Jul 10, 2020
87
5
She has been living in Canada for 13years separate from him and had no idea she was still married to him.
 

I will

Star Member
Jul 10, 2020
87
5
Do we have to do another court marriage after her divorce? We already did court marriage before the traditional Indian Wedding.