HELP ON SPOUSE SPONSORSHIP

[Janix]

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!

 

[Alurra71]

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!

If she lives in the US and qualifies for a divorce in the state she resides in, then yes, Canada will recognize her divorce there and will also recognize your marriage. Of course, you must also be single and/or divorced to get legally married, but I'm sure you must already know that.

When you are ready to sponsor her, you will have to return to Canada and remain there until her PR visa is approved. You can take short trips to see her, but must must must remain residing in Canada because you are a PR.

 

[Janix]

Thats good to hear..
and yes i'm single.. and i'll take note of your advice..

I've also read from an article that since divorce outside the philippines is not recognized in that country,
filipinos that were still married and have marriage outside the philippines will be a bigamy marriage..

Will Canada immigration will look into that? or ask for annulment papers from our country?

By the way thanks for your response!

 

[Alurra71]

Thats good to hear..
and yes i'm single.. and i'll take note of your advice..

I've also read from an article that since divorce outside the philippines is not recognized in that country,
filipinos that were still married and have marriage outside the philippines will be a bigamy marriage..

Will Canada immigration will look into that? or ask for annulment papers from our country?

By the way thanks for your response!

Only in the Philippines would you be considered a bigamist being married to another after an outside divorce. Canada doesn't see it that way. Once a marriage is legally dissolved, Canada sees it as legally dissolved. Because the Philippines doesn't believe in divorce, only annulment, would be the reason it's seen as bigamy there.

 

[tranjini]

First of all she need to divorce. then u can marry her and file the sponsorship no problems where u get married as long as ur married on the legal terms of that particular country thats what it matters.

She really need to divorce soon.

 

[Janix]

First of all she need to divorce. then u can marry her and file the sponsorship no problems where u get married as long as ur married on the legal terms of that particular country thats what it matters.

She really need to divorce soon.

Thank you for your replies..
Another question is, I landed here in Canada last Sept 2014. and started working in a company last Nov 2014.
Financial requirement in spouse sponsorship is I have to provide annual income, but i've been working here for only 3 months.
Does it mean that I am not eligible to sponsor my partner?

 

[canadianwoman]

No. You can sponsor her. Just provide details of your job and income, and explain why you don't have an Option C (you haven't filed an income tax return in Canada yet.)