I'm under sponsorship and want to file for my new wife/baby mother

[confused2013]

Here goes a long story......I'm a man from jamaica who was sponsored by my ex-wife who is responsible for me for 3yrs and she sponsored my son also who 7 now who she is responsible for for 10yrs. We came to canada in 2011 april and I filed for divorce in march of 2012 and said we have been seperated since march of 2011 so tthey would grant it. I got my divorce in may 2012 and when back to Jamaica and married my 1st love who's been waiting my baby mother in aug 2012 and now I wanto file for her immediately as I need her here to be with me and our son please help me need to kwn if this will work?????

 

[scylla]

No - you cannot sponsor your new wife immediately. You will have to wait for 5 years from the time you landed before you can sponsor your new wife for PR. Since you landed in April 2011, this means you'll have to wait until May 2016 before you can sponsor your new wife. More information about the 5 year sponsorship bar rule is available here:

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob386.asp

 

[scylla]

Just to add...

If your second / current wife is your son's natural / biological mother - then I suspect CIC will examine her application extremely carefully once you file it in 2016. CIC will likely suspect your first marriage (to the Canadian) was a marriage of convenience to obtain PR.

 

[confused2013]

My current wife is the childs natural mother. What are some issues that could arise from this? Couldn't she get a visa to come canada?

 

[BCgirl2012]

Just to add...

If your second / current wife is your son's natural / biological mother - then I suspect CIC will examine her application extremely carefully once you file it in 2016. CIC will likely suspect your first marriage (to the Canadian) was a marriage of convenience to obtain PR.

He states

- He landed in April 2011
- Finalized the divorce in May 2012
- Were separated from March 2011

Landed as a sponsored spouse after separation. The sponsorship application was invalid before he landed.

 

[scylla]

None of us can predict what CIC will do. But to be brutally honest, your case looks suspicious.

You land in Canada in April 2011. When you file for divorce, you declare that you were already separated in March 2011. If you were separated in March 2011, then you shouldn't have landed in Canada in April since your relationship with your ex-wife had already dissolved. CIC may see this as misrepresentation (i.e. lying about the status of your relationship at landing). Your divorce comes a less than a year after landing and then you promptly marry your child's mother. To an outsider, this makes it look like your reason for marrying a Canadian was to obtain PR status so that you could then bring another woman to Canada. You'll have to provide a great deal of proof that your relationship with your present wife dissolved before you married your ex-wife and that your relationship with your ex-wife was genuine.

But again, I certainly cannot predict what CIC will do. What I can tell you is that it is impossible for you to sponsor your new wife until May 2016 due to the 5 year sponsorship ban rule. If she wants to immigrate sooner, she will have to qualify independently (e.g. as a skilled worker).

 

[truesmile]

No (to the prior post), the way I read his post he says "We SAID we were separated in March of 2011, so they would grant it." The divorce . . . very carefully worded (but still gaming the system).

 

[confused2013]

I never married the 1st time for convience although it may seem that way I was married for over 3yrs I jus had to tell them I was seperated a year to get the divorce or wait a year b4 I could get it I still love my 1st wife jus not in love with her my papers were already finalized previous to me coming and changing my mind so I do have a right to b here

 

[truesmile]

Well now, I'm not the 'PR' police so personally I'm not so worried. Canada apparently "needs" to add to it's diminishing but contributing population and hence we have 'immigration', so if you are here to do that (contribute I mean) - all the power to you.

However, I think a few forum members are going to get uptight (their perogative) over your use of the word "right". Did you notice the new legislation that came into effect one week ago? Oct 26 to be exact. Now not to worry it only applies to applications 'received' after Oct 26 and so won't affect you. BUT your circumstances are EXACTLY what the Minister is going to prevent in the future i.e. that you must remain in your relationship for a minimun of two years after landing OR put your PR status at risk. So the good Minister must feel it is not your "right" to be here. Also, since the 'spousal sponsorship' is meant for the "re-unification" of families divided by borders the nay-sayers here may wish to tell you it's not meant for you. Hopefully my point will deflect a few or more, (ahem) negative comments.

Congratulations on your PR, and from my perspective "Welcome to Canada". You will certainly find camraderie here on this forum whilst you "wait" over the next 4 to 5 years to start yet another PR application process.

 

[kitchener_inland]

My current wife is the childs natural mother. What are some issues that could arise from this? Couldn't she get a visa to come canada?

I'm all for the people who need help to get reunited with their loved ones as almost everyone in this forum is trying to help everyone else in need of help,
but to be honest with you your case has red flags and scam written all over it, it just doesn't sound right. in my opinion scammers should Not have the right to be PR here, because they make things difficult for legitimate couples.
sorry to be so blunt but your case just doesn't sound right. I hope I'm wrong.

 

[canadianwoman]

My current wife is the childs natural mother. What are some issues that could arise from this? Couldn't she get a visa to come canada?

Expect a lot of problems.
1. If you were separated on the day you landed in Canada, you should have told the border agent this. He/she would then have rescinded your PR visa. Of course, who would admit this, but still, just because your papers were finalized, does not mean you were eligible to enter Canada on a PR visa: if your circumstances change, then you are supposed to tell CIC or the border agent, and deciding to separate is a changed circumstance.
2. If you weren't separated on the day you landed, but did separate shortly after, fine, except you have admitted to the government that you were separated before landing in your divorce papers. Therefore when the visa officer processes your application to sponsor your current wife, he/she will be suspicious. They will think the first marriage was a MOC for sure; that means the second application will be gone over with a fine-tooth comb.
3. If they think the marriage with a Canadian was a MOC, then they may also suspect that your relationship with your child's mother was ongoing during the marriage. If that happens, you may not be able to sponsor her.
4. Your best bet is to get proof that the relationship with your current wife was over when you got married to the Canadian; that the marriage to the Canadian was genuine; that you broke up after you landed; and that after breaking up with your first wife you reconnected with your child's mother, fell in love, and married her.

 

[CharlieD10]

1. As said before, you can't sponsor your current spouse before 2016.

2. I see no-one else has said it, so I will: pretty much as soon as your application gets to Kingston and kicks out the details of YOUR sponsorship, and the officer takes a look at your divorce certificate and sees that you specified a date prior to your landing date as the date of your separation from your spouse, you MAY/WILL be reported for misrepresentation.

What happens then is that you will be brought before an Immigration Board to explain why you didn't advise them that you were separated from your spouse when you landed in Canada under her sponsorship. This is a material fact which must be disclosed, which you would have been advised of in the letter accompanying your COPR. If you tell them that you lied on the divorce certificate so you could get a divorce faster, they can a) believe you and decide that you are capable of lying to get what you want and don't care about Canada's laws and strip you of your PR status and then deport you, or b) decide you are telling the truth and will lie to get what you want and don't care about Canada's laws and strip you of your PR status and then deport you.

Do you see where I am going with this? You shot yourself in the foot with the "lie" on your divorce application, and all you can do now is wait and see how much damage has been done. Meanwhile, you can't sponsor your current spouse until 2016, and if you do, you could open up a whole can of worms on yourself. I suggest you contemplate that while you insist you have a "right" to be in Canada.

 

[confused2013]

I do apprechiate your feed back and honesty from each of you.I see strong points in some of the things that you have said. That is why I decided to post my story to get clearification on things and I did. Maybe the way I went about things wasn't right but I could only see the small picture. Now I'm thinking and hoping that my 1st wife doesn't get hurt in all this as she is inocent and she loves me very much and never wanted the divorce I did but as some1 said I shot myself in the foot so I'll have to deal with the reprocussions

 

[R151NG5UN]

Call me a cynic, give me negative views but YOU are exactly the reason the innocent genuine people are waiting for so long and why Canada quite correctly corrected the system. Your post makes me mad, wanting advice on how to continue your scam. Your marriage in my opinion and probably a lot of people's opinions is a MOC and you duped a Canadian citizen so you could gain PR for you and your son AND not only that I believe your intention was to remarry and then apply for the mother of your child. I hope CIC chucks the book at you and revoke's you and your son's PR. I feel really sorry and empathy for the woman you duped.

 

[annabruce]

Now I'm thinking and hoping that my 1st wife doesn't get hurt in all this ...

Ummm..... too late. How would she have to felt if you were able bring the new girl to Canada while she was still responsible for sponsoring you?

I simply don't understand why it is that people who want to come to Canada feel they are best off lying.

Simple rule: Be VERY honest, but show that you understand the system and are willing to follow the rules.