GF married in Philippines wants to get married in Canada... possible divorce?

[joeythecat]

There is 1 year residency requirements if she want to apply the divorce. Lawyer's fee is under $1,000 for uncontested divorce and the processing takes 2-3 months. Just to remind you that divorced obtain abroad is not recognize in the Philippines unless the person initiating the divorce is Non- Filipino citizen. Regarding the signature of the other party nothing to worry about that the lawyer's can do the trick.

thanks, I understand that. I updated this post in post #10 with a new fact that just came to light about her putting herself as single on her immigration paperwork, I am looking for advice or help with that now.

 

[scylla]

thanks, I understand that. I updated this post in post #10 with a new fact that just came to light about her putting herself as single on her immigration paperwork, I am looking for advice or help with that now.

There's really very little advice or help we can provide you with this situation - other than to say that she needs to be truthful about her status in immigration applications going forward. Unfortunately she has already misrepresented herself in previous applications and going back in time to fix that isn't possible. She needs to be truthful going forward.

 

[joeythecat]

There's really very little advice or help we can provide you with this situation - other than to say that she needs to be truthful about her status in immigration applications going forward. Unfortunately she has already misrepresented herself in previous applications and going back in time to fix that isn't possible. She needs to be truthful going forward.

I understand that, but by her telling the truth now, she is ultimately sealing her fate when they see the dependency, right? She hadn't seen that guy in over 5 years and he falsified the documents, forged her signature and paid a official to make the marriage "real". I know what the right thing to do is, but I love her and it will ruin our plans and future together over one stupid mistake. I can't believe this is happening.

 

[Sous02]

I understand that, but by her telling the truth now, she is ultimately sealing her fate when they see the dependency, right? She hadn't seen that guy in over 5 years and he falsified the documents, forged her signature and paid a official to make the marriage "real". I know what the right thing to do is, but I love her and it will ruin our plans and future together over one stupid mistake. I can't believe this is happening.

You should slow down and get a good immigration lawyers advice.

 

[joeythecat]

You should slow down and get a good immigration lawyers advice.

Thanks, I will do that asap.

 

[joeythecat]

oh also, let me add that the guy who falsified the documents is not a Philippines citizen, he is of Indian decent

 

[Sous02]

Thanks, I will do that asap.

Glad to hear that. With the possibility of the misrepresentation you will want to be careful. Good luck

 

[canadianwoman]

She should consult an immigration lawyer in Canada. She can get divorced in Canada after she has lived here for one year. She is married, so she cannot get married again in Canada without first getting divorced or having the marriage annulled.

If the first marriage was a complete fraud - for example, if the man forged her signature and she did not even know about it at the time - could she get a lawyer in the Philippines to deal with this? It is not clear from your description whether she went along with the marriage to provide someone with residency in the Philippines, or whether she was completely tricked. It sounds more like the first, though.

If you marry her (after she gets divorced or the first marriage annulled), a lawyer might be able to explain away the fact she said she was single on her visa application by saying she thought 'single' was correct because she had been separated from her husband for so long.

 

[Denela]

My question is, if she wants to get that marriage annulled, what would she have to do. I ask this because divorce in philippines is not legal. Also, what risks is she facing now that he is technically her husband? Can he ruin her credit, steal her identity ect? She owns a house and a business in philippines, is that at risk because of this guy?

I can see a future with this girl and eventually want to marry her here in Canada. She made a HUGE and stupid mistake by doing this when she was younger. Please if anyone knows the ins and outs of the philippines legal system, please help me out with this if you can.

Well I myself made the same stupid mistake like what your girl have done before. Difference is: my signature wasn't forged. I fell in love with that guy who turned to be a complete jerk. We kept our marriage secret from our families because I just got my first job that time and just graduated from college. So the signatures of the witnesses were forged. After a few years, I filed for annulment here in the Philippines. I asked my lawyer if the forged signatures would also serve as a factor for my annulment like would it be considered as fraud? Aside from the Psychological Incapacity. ground for annulment I had filed. He told me: No. That's only an 'irregularity' on the signed papers perse. Nevertheless, in your case her signature was the one that has been forged. That's considered a prior misrepresentation (fraud). A marriage license will be considered invalid if any of the parties provides fraudulent information. I think she has a big chance to win her case here if she will file for annulment. Heck, it would take her a million years before her petition will be granted. I suggest, she should file a divorce there in Canada. Otherwise, she could wait until the refiled divorce bill here in the Philippines will be approved and settled. Thus, legalizing the divorce in the country.

 

[joeythecat]

She should consult an immigration lawyer in Canada. She can get divorced in Canada after she has lived here for one year. She is married, so she cannot get married again in Canada without first getting divorced or having the marriage annulled.

If the first marriage was a complete fraud - for example, if the man forged her signature and she did not even know about it at the time - could she get a lawyer in the Philippines to deal with this? It is not clear from your description whether she went along with the marriage to provide someone with residency in the Philippines, or whether she was completely tricked. It sounds more like the first, though.

If you marry her (after she gets divorced or the first marriage annulled), a lawyer might be able to explain away the fact she said she was single on her visa application by saying she thought 'single' was correct because she had been separated from her husband for so long.

thanks for the response. My fear is that if she files for divorce in canada, they will see that she put she was single on her form and catch her in her lie. I know people on this board just think this is simple, she lied... deport her. If it was anyone else I might think the same thing, but she is the love of my life. I want her to do the right thing without getting deported. I am very torn.

 

[joeythecat]

Well I myself made the same stupid mistake like what your girl have done before. Difference is: my signature wasn't forged. I fell in love with that guy who turned to be a complete jerk. We kept our marriage secret from our families because I just got my first job that time and just graduated from college. So the signatures of the witnesses were forged. After a few years, I filed for annulment here in the Philippines. I asked my lawyer if the forged signatures would also serve as a factor for my annulment like would it be considered as fraud? Aside from the Psychological Incapacity. ground for annulment I had filed. He told me: No. That's only an 'irregularity' on the signed papers perse. Nevertheless, in your case her signature was the one that has been forged. That's considered a prior misrepresentation (fraud). A marriage license will be considered invalid if any of the parties provides fraudulent information. I think she has a big chance to win her case here if she will file for annulment. Heck, it would take her a million years before her petition will be granted. I suggest, she should file a divorce there in Canada. Otherwise, she could wait until the refiled divorce bill here in the Philippines will be approved and settled. Thus, legalizing the divorce in the country.

oh also apparently the guy got his uncle to sign as a witness and he also forged her moms signature as a witness. she is afraid if she reports him for this he will retaliate against her family that still lives in the same city as her.

 

[scylla]

thanks for the response. My fear is that if she files for divorce in canada, they will see that she put she was single on her form and catch her in her lie. I know people on this board just think this is simple, she lied... deport her. If it was anyone else I might think the same thing, but she is the love of my life. I want her to do the right thing without getting deported. I am very torn.

Is your ultimate objective to sponsor her for PR as either your spouse or common law partner?

 

[joeythecat]

She should consult an immigration lawyer in Canada. She can get divorced in Canada after she has lived here for one year. She is married, so she cannot get married again in Canada without first getting divorced or having the marriage annulled.

If the first marriage was a complete fraud - for example, if the man forged her signature and she did not even know about it at the time - could she get a lawyer in the Philippines to deal with this? It is not clear from your description whether she went along with the marriage to provide someone with residency in the Philippines, or whether she was completely tricked. It sounds more like the first, though.

If you marry her (after she gets divorced or the first marriage annulled), a lawyer might be able to explain away the fact she said she was single on her visa application by saying she thought 'single' was correct because she had been separated from her husband for so long.

sorry for so many quotes. but to clairify, she did not understand what she was getting into. She was willing to help him as he told her that he was "going to make a paper to show immigration", but he went and paid off officials to make a real marriage. very stupid, yes I know and she knows that too... but whats done is done and now its time to fix this.

 

[joeythecat]

Is your ultimate objective to sponsor her for PR as either your spouse or common law partner?

no, she is here on a 2 year live in caregiver program. after next year she will be able to apply herself. I am not trying to sponsor her. In the future we might be tying to sponsor her mother together. our ultimate goal is to legally marry and start a family together here in canada.

 

[Alurra71]

no, she is here on a 2 year live in caregiver program. after next year she will be able to apply herself. I am not trying to sponsor her. In the future we might be tying to sponsor her mother together. our ultimate goal is to legally marry and start a family together here in canada.

If that is your ultimate goal then focus on getting her divorce first. Take it one step at a time. Complete step one then move on to step two.

There is NOTHING she can do about her previous permits and visas' stating she is single. NOTHING. Stop worrying about that part.

All she CAN do is when she finally gets around to applying for PR via the live in care giver option come clean and input all of the CORRECT information then. If she is divorced by that time, she would only need to include his information as an ex spouse. If she is remarried to you by then, she would include him as her ex spouse and you as her current spouse.

Can CIC come back and say hey, she never told us about being married in the first place. The simple answer is yes, yes they can. Will they? Who knows, its really up to CIC. As stated previously though, she can't do a damned thing about the past. You'll both just have to suck it up, learn from the mistakes and don't repeat them because ultimately, that is all you can do.