Hi
Janix said:
Hi,
Hi,
I just want to ask..
I am a Permanent Residence here in Canada, and I want to petition my partner in the philippines thru spouse sponsorship.
But the problem is she's still married (but already separated).
She's planning to file a divorce in the US and we're planning to get married there afterwards.
My question is can i petition her here in canada?
will canada acknowledge her US divorce and our US marriage?
were both Filipinos
hope someone can give us some info.
Thanks in advance!
1. If she has no connection to the US, i.e. there as a visitor for less than a year, it is quite likely that CIC will not recognize the divorce. See
Jurisdiction in divorce proceedings
3. (1) A court in a province has jurisdiction to hear and determine a divorce proceeding if either spouse has been ordinarily resident in the province for at least one year immediately preceding the commencement of the proceeding.
From CIC
Having a foreign divorce recognized in Canada
Canada generally recognizes a divorce from another country if:
the divorce was valid under the laws of that country; and
one or both spouses lived in that country for a full year immediately before applying for the divorce.
There may also be other factors that could affect whether or not your divorce would be recognized in Canada. If you are not sure whether your divorce would be recognized in Canada, you should speak to a lawyer.