fabanne12 said:
how can I violate the Canadian Marriage LAw if I am divorced??
As far as the Phillipines is concerned you are still married to your first Husband correct? Which would (I guess I should say could) mean that legally, you would be in violation of Marriage laws in the Phils. Without getting that recognition by the NSO. Because their records will show you married twice in the Phils. And it is those records that CIC will be looking for.
So assuming your first marriage was recognized in the Phil's where it happened, when you where married. That one is still on the books. Now you are talking about adding a second one to the books. You don't even have a defense of ignorance here, because you are questioning it yourself.
Your post spells that out quite clearly, you have a serious doubt on the legality of your new union, and are actively trying to circumvent Phil's law for the purposes of immigration of your new husband.
Really the smart thing to of done in this case would of been for you and your past husband to of made sure all the books where cleaned of that first marriage. But that is neither here nor there now. From what you are saying, I take it you are still legally recognized as being married in the Phils. Now you are putting yourself into a situation where you will be legally recognized as married in the Phils, and in HK. Which means you wouldn't be recognized as married at all in Canada (from where I am sitting) because Canada doesn't recognized polygamist (begin married to two people at one time) marriages. Even if you are not with your first husband, and legally divorced from him here in Canada, you are not in a position to be legally wed in your home country.
HK may recognize your new union, but Canada may not, and knowing the Canadian stand on polygamy I would err on the side of not.
Keep in mind, I am in no way a legal marriage attorney or anything, so take the opinion with a grain or two of salt. But just looking at the face presented of what you have posted, you are really setting yourself up for a lot of heartbreak and expended energy with out some proof of disillusionment from the Phils of the first marriage.
When you file for immigration, you would probably be filing from the Phils, and CIC will want the marriage details, Married to Husband two in HK, still legally married to husband 1 in the Phils/divorced from husband 1 in Canada. From where I am sitting it doesn't look good at all.
I just see red flags all over this for anyone examining the file when you submit, as it stands now. I would be looking for some way to get that first marriage wiped off the books before proceeding with anything else. But your mileage may very.
I do get the impression though, you are going to keep questioning this until you get a favorable answer here. And that, although good to your ears, may not be much help to you, I would advise you make an appointment with a immigration attorney for a half hour or so, and just explain your situation to them and get a real opinion and not one from a anonymous internet forum. Opinions are like assh**les everyone has one, and I think you are in need for a decent legal opinion.