dates overlap

[KUKULICKA]

My husband who is a Canadian citizen is sponsoring me as his wife. we have an inland application.
never thought that we could live here but never know
we decided to come here when our son was born. he's a Canadian citizen also.
our concerns are about dates of his divorce with the ex wife and our marriage.
there is an overlap for 3 months. he signed the divorce papers 1 month before we got married but until they finished the procedure... we didn't know until he asked his ex for the divorce certificate!

so we are now happily married 4.5 years.
we asked layers, immigration agents etc. and everybody said that should not have to be any problem. he is divorced now, signed the papers before our marriage, have a kid together...

what are you thinking?

 

[scylla]

Are you saying that the divorce wasn't finalized until after you were married? To the best of my knowledge, it doesn't matter when he signed - what matters is when the divorce was finalized. He's not divorced until the paperwork is finalized.

 

[Creampop]

What is the date of the divorce? and what is the date of your marriage? if the wedding date was before the finalization of the divorce then you are not legally married to your husband...

 

[scylla]

What is the date of the divorce? and what is the date of your marriage? if the wedding date was before the finalization of the divorce then you are not legally married to your husband...

Agreed.

 

[Creampop]

ok so after reading it again and again I think I understand, you got married 1 month after he signed the divorce papers, but the divorce wasn't finalized until 2 months after your wedding... so you are not legally married. you should really talk to a lawyer about how to fix it, I mean as far as proving your relationship you should have no problem 4.5+ years and a child, you can still file common-law. you asked lawyers and immigration agents and everybody said that should not have any problem? that doesn't sound right because being married to 2 people at the same time is a crime, but they do understand accidents happen thing is, how did he get a marriage certificate without providing a divorce certificate? they would atleast have told you, you have to get remarried and resubmit the new papers to CIC.

 

[truesmile]

While all of the latter have valid "legal" arguments, I don't about you but before jumping through though the "fix it" hoops that would be necessary, I'd go with the first batch of lawyers, agents, etc. . . . submit and see how it goes. Just my two cents.

 

[scylla]

While all of the latter have valid "legal" arguments, I don't about you but before jumping through though the "fix it" hoops that would be necessary, I'd go with the first batch of lawyers, agents, etc. . . . submit and see how it goes. Just my two cents.

We've seen several cases on this forum where people who applied as "married" were refused specifically because they married before a divorced was finalized. If you submit as "married" - then you must legally be married. Given how long processing takes, I would not be OK with submitting and just seeing how it goes if I know there's a potential problem - I'd want to fix the problem before submitting. (But perhaps that's just me.)

If the OP did in fact marry before the divorce was finalized and hasn't yet submitted the application - they should file as common law or get married again and then file as married. If they have already submitted as married, I would get married again (something simple - in front of a judge) and then submit this information with a letter as a follow up to CIC.

Again - just my take. CIC tends to be extremely black and white when it comes to certain things.

 

[KUKULICKA]

tnx but not such a good news
we tried to get married again here but they say you cannot marry twice!
also we meant we cannot apply as common in law because we are married....
my greatest wish cannot be true?
being together as a family and my kid to have a father? and live with his father? and we are in love???
i still think there can be some solution..
and if we are not applicable as a married why at immigration they said should not be a problem as long our relation is genue and we have a child together????

 

[tink23]

tnx but not such a good news
we tried to get married again here but they say you cannot marry twice!
also we meant we cannot apply as common in law because we are married....
my greatest wish cannot be true?
being together as a family and my kid to have a father? and live with his father? and we are in love???
i still think there can be some solution..
and if we are not applicable as a married why at immigration they said should not be a problem as long our relation is genue and we have a child together????

Since you're not legally married u should be able to apply as common law with all your proof of cohabitating. If you're not legally married though why can't u get married? In reality you'll only be married once since the first one is false.

 

[Creampop]

tnx but not such a good news
we tried to get married again here but they say you cannot marry twice!
also we meant we cannot apply as common in law because we are married....
my greatest wish cannot be true?
being together as a family and my kid to have a father? and live with his father? and we are in love???
i still think there can be some solution..
and if we are not applicable as a married why at immigration they said should not be a problem as long our relation is genue and we have a child together????

You said you husband was a Canadian citizen, born Canadian? where was his first marriage done where was the divorce done? when you went to try and get remarried did you show the divorce certificate? in Canada to get a marriage certificate you must show divorce papers I know in other countries you must show different things or get a certificate in order to get married how did your husband not have to do this?

 

[canadianwoman]

and if we are not applicable as a married why at immigration they said should not be a problem as long our relation is genue and we have a child together????

They probably meant that you will be able to get a PR visa somehow - if you are not married, then you can get one as common-law. If the marriage is not valid, then you certainly can apply as common-law partners, and it sounds as if you have a lot of evidence of living together for more than one year.
I agree with Scylla - it sounds like you really are not married, since you got 'married' before his divorce was finalized. Yes, you could just try applying as married, but the application takes a long time to be processed, if the marriage is not valid the app will be refused, and then you will have to wait for an appeal. It would be better to fix the situation first.