just looking for advise about marriage rules in Canada and immigration

[stonecold39]

i have married a Canadian i'm a asian never been to canada either but i have did applied for pr program and its still pending and she has been approved as a sponcer too .just dont consider about that i need answers for this

my Wife is married in Asia my home country not in Canada marriage is still on, she asking me a divorce..well i want to know what happen if i refuse to give her divorce ? does she allowed to marry anyone else in canada if she have my marriage on ?

without taking our marriage divorce if she marry a person from Canada what would be happen? is that any rules i just want to know hope you guys get my question

THAX HOPE YOU GUYS GIVE ME A GOOD ANSWER

THANKS YOU ALL

 

[giggles1985]

Re: just looking for advise about marriage rules

I don't think you can really refuse to divorce someone. At best, you can just delay it by dragging your feet. You cannot stop it from happening.

But, no, she cannot marry someone else while she is still married to you.

 

[stonecold39]

thx i need more advise please i really appreciate it

 

[stonecold39]

Re: just looking for advise about marriage rules

I don't think you can really refuse to divorce someone. At best, you can just delay it by dragging your feet. You cannot stop it from happening.

But, no, she cannot marry someone else while she is still married to you.

i see if she does with out my knowledge in Canada does the Canadian government take a action against her?

 

[giggles1985]

She can't. It is impossible to legally marry someone else when you are already married. If she lied about her marital status and got "remarried" it would not be a legal marriage. There will not be any legal action against her, it would just not be able to be legally recognized as a legitimate marriage if the proof came out that she was already married at the time.

I read your previous thread, just divorce her and stay in your own country please and stop making things harder on her and yourself.

 

[canuck0469]

stonedcold, giggles has given you good advice. I assume she has met someone in Canada and that is your concern. I do not know the Asian laws pertaining to divorce but in Canada once she has seperated from you for 1 year she can apply for a divorce and it will likely be granted. She can simply live with someone else while she waits. She will likely cancel your sponsorship as she will be responsible for you for 3 years and won't want to continue with the pr app. Best advice is if the marriage has disintegrated then move on with your life and try to make it the best you can.

 

[waitingintz]

StoneCold:
I don't want to make any assumptions about your priorities so will just say that IF your question regarding the divorce is driven by concern for the status of your pending immigration application then you will want to consider that by continuing your application once your relationship is over you will be misrepresenting yourself by not informing immigration of the change in your relationship which could result in a 2 year ban for you in Canada. Most likely she will back out of the application anyway but if not you're putting yourself in a risky position for any future chances of immigrating to Canada.

 

[stonecold39]

i understand thx for advise ..... thank you guys if you guys have more put here .. hmm well what you were saying is probably in Canada we married in Asia .. thats would be different rules here.. here mostly both partys must agree for divorce if any one of them not agree it will not happen.. also it take place in court here judge the one who decide .. but any way keep you guys updates whats going on ....

thnx for the advise again i will try my best to contact her back and solve this matter

 

[Canuky]

Even though the marriage was done outside Canada, she can still divorce you in Canada with or without your consent, as long as you are "properly" served the court documents. Depending on where she lives in Canada, it could be extremely difficult to file a divorce in Canada if you do not meet the residency requirement, even though you are a citizen. Alberta for instance, require a 1-yr residency before you can file a divorce action in that province.

If she doesn't like you anymore, forgive and forget. Even if she forgets to stop your sponsorship application and you receive the permanent residence visa, you could still be turned back at the point of entry to Canada if the officer finds out you are no longer together. They will ask you, and you have to say the truth, and they wil deport you. It's not worth the fight. I understand from the laws in your country, both parties must agree to the divorce. If she is no longer a residence of that country, then the divorce laws pertaining to her new country/province of residence prevails. Do not fight a lost battle, and learn to choose the battle you fight......divorce more often than not is not a battle to fight.

Good luck and keep us posted on your escapade.

 

[buddhadimple]

age is still on, she asking me a divorce..well i want what happen if i refuse to give her divorce ?

1) Why would you refuse a divorce if she doesn't love you or want to be married to you?

2) Why do you want to come to Canada if you will not be there with her?

3) Canada doesn't generally see forced marriage as genuine, nor acceptable.

4) If you are trying to use her in order to gain PR to Canada, stop abusing the system. You'll slow the process down for the rest of our genuine applications.

5) She can still divorce you without your consent, as explained above.

6) Give up. Get a divorce. Move on.

 

[stonecold39]

Even though the marriage was done outside Canada, she can still divorce you in Canada with or without your consent, as long as you are "properly" served the court documents. Depending on where she lives in Canada, it could be extremely difficult to file a divorce in Canada if you do not meet the residency requirement, even though you are a citizen. Alberta for instance, require a 1-yr residency before you can file a divorce action in that province.

If she doesn't like you anymore, forgive and forget. Even if she forgets to stop your sponsorship application and you receive the permanent residence visa, you could still be turned back at the point of entry to Canada if the officer finds out you are no longer together. They will ask you, and you have to say the truth, and they wil deport you. It's not worth the fight. I understand from the laws in your country, both parties must agree to the divorce. If she is no longer a residence of that country, then the divorce laws pertaining to her new country/province of residence prevails. Do not fight a lost battle, and learn to choose the battle you fight......divorce more often than not is not a battle to fight.

Good luck and keep us posted on your escapade.


thx man this is a one of best advise i really appriciate it let you know what i'm going to do next, we will see what will happen next let you guys know whats going on............ there is a lot of things about us erything cant explain here..fi you guys know all story you will pick my side for sure but if i type story take all this web site ..

thx again post more i like to read them

 

[stonecold39]

buddha..... that a not a good advise i already know what you saying thax for your kind effort i need something new

 

[bonbon9]

buddha..... that a not a good advise i already know what you saying thax for your kind effort i need something new

Just so you know, you will not get any advice (and even less from what you consider "good") from this forum if your relationship is not genuine.
Buddha simply summarized what anyone in this forum would like to tell you. And if you really want to come to Canada, find a honest way.

 

[Holidaylove]

Just so you know, you will not get any advice (and even less from what you consider "good") from this forum if your relationship is not genuine.
Buddha simply summarized what anyone in this forum would like to tell you. And if you really want to come to Canada, find a honest way.

Agreed

 

[dair2dv8103100]

buddha..... that a not a good advise i already know what you saying thax for your kind effort i need something new

If you are waiting for an answer that suits you that's going to be a long time coming. No matter what the "real" situation is. The fact is that the relationship is over. Move on...

If you are that stuck on revenge it will, in the end, come around to hurt you instead of her.

If you have a profession that is listed you can try to come as a skilled worker instead of saying you want to come and get on welfare...that will never bode well with any Canadians or others that have worked are to come here for legitimate reasons.

Good luck.