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can i marry while being in process for divorce?

ronald33

Member
Jul 6, 2011
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hi

i m permanent resident of Canada. i have lodge divorce (uncontested )in mutual understanding and lodged the case in court and they say it will take 3/4 month to get decision from court. Meanwhile, can i do engagement or marry with my boyfriend by legal or not? is law allow me to get engagement or marry with my bf? if yes then how? if not then what do u suggest me to do ?
pls help me giving advise

thank you
 

scylla

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No - you can't marry before your divorce is finalized. If you marry before your divorce is finalized, your marriage will not be valid. You can certainly get engaged now. But don't marry until you're actually divorced.
 

ronald33

Member
Jul 6, 2011
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thank you for suggestion ....one more things i need to know if u can give me advise.....

what do i get from court after get decision>? a peace of paper or what? i really dont have idea? for instance, after i got paper then can i marry ? or still i have to change all my status from passport? or i can do that later after marriage ?
 

ronald33

Member
Jul 6, 2011
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so what is my legally position now ( regarding marital status )?
m i still call married until i get court decision ?
 

Admirable

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Obviously! You are legally married until your divorce is finalized.
 

toby

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You will get a Court Order telling you that both parties have divorced, and the date will be 31 days from the date of the Order. Then you will get an actual Certificate of Divorce.
 

ronald33

Member
Jul 6, 2011
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thank you so much for giving attention on my topic...i really appreciated.....thank you so much.

ur answer driving me carefully in my way...but still some confusion....actually i am trying to go USA to meet my bf....but i m not divorced from my X-man....it is in process...we have filed the case in mutual understand....and we are waiting for court decision....me and my bf as plan to marry after court decision....what if i go to USA ..and wait for result with my bf ...and when i got paper from court and then after couple of day get marry with my bf in USA ...is it possible by law?
IT WILL MAKE ME know what can i do in USA ?


suggest me pls :)
Thank you
 

Admirable

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After reading cases on Canlii, I strongly want to suggest that you don't get married right away after your divorce has been finalized. You should wait a while.

When your divorce is finalized, you are free to marry but you don't want IO officers to think that this was a divorce of convenience.
 

aussiepete

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Oct 31, 2009
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ronald33 said:
hi

i m permanent resident of Canada. i have lodge divorce (uncontested )in mutual understanding and lodged the case in court and they say it will take 3/4 month to get decision from court. Meanwhile, can i do engagement or marry with my boyfriend by legal or not? is law allow me to get engagement or marry with my bf? if yes then how? if not then what do u suggest me to do ?
pls help me giving advise

thank you
Some people are so DUMB!
 

toby

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aussiepete said:
Some people are so DUMB!
Why is she "dumb"?

Perhaps her marriage has been bad for a long time, she has been separated for a long time and dating her American boyfriend, and now that divorce is finally around the corner she wants to marry boyfriend without losing any more time. Is this "dumb"? If so, it happens a lot in many relationships, whether the fiances are bound up with immigration issues.


But I would second the advice to wait a bit before re-marrying -- just to avoid the appearance that this was a "quicky"marriage done mainly for a visa. This appearance could be countered by offering lots of proof that the relationship has been going on a long time.

Make sure, poster, that you can show you were separated from your ex-husband before beginning the relationship with your American boyfriend. Otherwise the relationship won't look as conventional as some would like, and you'd be giving CIC an excuse to consider the relationship less than genuine. The fewer excuses you give them the better.
 
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PMM

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Jun 30, 2005
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Hi

toby said:
Why is she "dumb"?

Perhaps her marriage has been bad for a long time, she has been separated for a long time and dating her American boyfriend, and now that divorce is finally around the corner she wants to marry boyfriend without losing any more time. Is this "dumb"? If so, it happens a lot in many relationships, whether the fiances are bound up with immigration issues.


But I would second the advice to wait a bit before re-marrying -- just to avoid the appearance that this was a "quicky"marriage done mainly for a visa. This appearance could be countered by offering lots of proof that the relationship has been going on a long time.

Make sure, poster, that you can show you were separated from your ex-husband before beginning the relationship with your American boyfriend. Otherwise the relationship won't look as conventional as some would like, and you'd be giving CIC an excuse to consider the relationship less than genuine. The fewer excuses you give them the better.
She asked if she could marry before her divorce was finalized.
 

lyvly

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You need to wait for the court's decision in some other cases it could be denied or approved,,.u can marry 30 days after d positive decision..f there r any children involve,,u will hav to appear again for the custody agreements... There is no problem u marrying ur bf as soon as u may but wen u sponsor him for PR,CIC will examin him,ur relationship and the genuineness of ur marriage..in most cases,,u will be both interviewed by IO separately..,,CIC hav been very tough n their decisions w. regards to marriage convenience or marriage fraud,d result of people pay a citizen or PR to be sponsored thru such way..u hav to know each other very very well..
 

ronald33

Member
Jul 6, 2011
14
0
Thank everyone ! after long time..

i got divorce finall a month ago..and i am waiting for my pr card thus i can go to meet my boyfriend and get married...i m so excited now..:)
but now i m bit worry about pr card...if anyone know about pr card processing time then pls help me as giving infomation
i had became permanent resident around 2001. but at the time there was no pr card . we used to have landiing paper and permanent resident status on my passport ..nowadays pr card became so essential to go out side of country and get into canada from outside.
i hope everyone knows this general information.
i case is; i have applied for PR Card first time on dec 5 2011 and now its already 16 of feb. 2010. thats mean it already been more than 6 weeks on the process . As per CIC information , they said it take 5 weeks for process. i m so worried, why it is being late. or my calculation is wrong?
i tried to check online status but it says

We were not able to identify you using the information you provided. There could be three possible reasons:
1. Please be sure the information you entered is correct and then try again.
2. This service is only available to clients with applications in process. We may have received your application but not yet begun processing it. The following link may help you determine if your application is being processed:
Application Processing Times[/color][/font]

3. At this time, you may use this on-line service to view the status of your application ONLY if you have:
sponsored a member of the family class;
applied for permanent residence from within or outside Canada;
applied for a permanent resident card (initial, replacement or renewal

............i dont know what is problem with all of this...i have put all information correctly in required field. i tried lots of time but it always says same thing....can u give me if some one has idea about pr card processing time...

thank you...
ur help will be appreciable ..
 

AllisonVSC

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If you are sure you are entering the information correctly, then I can only they haven't started processing your application yet.

Did you submit the application using certified mail so you could get confirmation that your application was received?