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Complicated situtaion of status

goodbrother

Newbie
Aug 9, 2012
1
0
I am writing on behalf of my brother whom I am supporting to join my two other brothers now residing in Canada

The situatioin is like this.
My brother is married but is separated from his wife for almost three years now. They were living in since 1997 and got married last 2001 after their only son was born. My brother's son (born year 2000) bears's the wife's maiden surname as the son's surname but later legally amended to take our surname; reason my brother was thinking that the son can legally bear it. hence the marriage. At the moment they have a

My brother's wife has a previous marriage which is not anulled (no divorce in Phils) before they got married. She has another son from this previous marriage and they separated only when the son was barely 1 year old.
My brother and his wife's marriage is evidenced by a marriage ceritficate from the NSO; therefore the wife has two married records with two different men at NSO. The wife until now and even during when they are together is using the surname from the first marriage. This is due to her work where she was not allowed to use my borther's surname. By the way, she also has the custody of the 12 yr old son from my brother

Would there be any issue if my brother apply via provincial nominee as married and present a mutually signed affidavit that they agree with the separation. This means shw will not include the son and his wife on the application form? Or what is the best status he has to present give the cases above