marital status complications

[Diy]

Hi All

I am planning to start making my profile for express entry but have some confusion:
My husband got his RP 5 years back but could not go as when he applied he gave information about his first wife in his profile and he married me afterwards and could not go during these 5 years and in two months time his RP would expire. He still has the other wife.
I am confused if I can add him in my application as accompanying me to Canada and what would be its effects on my application or on his status???

TIA

 

[scylla]

If he married you without first divorcing his other wife - then CIC doesn't recognize your marriage. You cannot include him in your application.

 

[Diy]

But what if he has not lived there and he has not added the first wife as accompanying??and If i am the principal applicant now and all legal documentation can be provided to CIC? I believe it should not be an issue as long as he does not keep two wives in Canada.
Could other experienced people in the forum suggest as well what to do in this case as i do intend to apply and go there only with my husband.

 

[scylla]

But what if he has not lived there and he has not added the first wife as accompanying??and If i am the principal applicant now and all legal documentation can be provided to CIC? I believe it should not be an issue as long as he does not keep two wives in Canada.
Could other experienced people in the forum suggest as well what to do in this case as i do intend to apply and go there only with my husband.

The answer is still the same. You cannot include him in your application.

CIC knows about his first wife (all past applications are kept on file). In order for you to include him in your application, you will need to include a divorce certificate that proves he divorced his first wife and also include a marriage certificate that proves he married you AFTER he divorced his first wife. Since he's still married to his first wife, you cannot provide these proofs. Again, your marriage to him isn't legal for Canadian immigration purposes. Only his first marriage is recognized. You cannot include him in your application.

 

[Diy]

Does it mean that I should apply with my children? What would be the situation if I add him as accompanying?will my application be rejected?

 

[wtym]

The answer is still the same. You cannot include him in your application.

CIC knows about his first wife (all past applications are kept on file). In order for you to include him in your application, you will need to include a divorce certificate that proves he divorced his first wife and also include a marriage certificate that proves he married you AFTER he divorced his first wife. Since he's still married to his first wife, you cannot provide these proofs. Again, your marriage to him isn't legal for Canadian immigration purposes. Only his first marriage is recognized. You cannot include him in your application.

Hi scylla and diy,

My situation is somehow the same with diy, the only difference is that my husband divorced his first wife when we submitted our application, and in turn, included the divorced paper in our application. But just the same, the IO who handled my application have not recognized our marriage (and the divorce paper either) since me and my husband got married during 2007 and the divorce just happened in 2013, meaning our marriage is still not legal in the eyes of CIC or Canada as a whole, but fortunately, they considered us as common law partner (proving we are living together for 12 months or more). Lucky as it may seem, we already got our immigrant visa and COPR and we are just waiting for our first landing in Canada. ;D

 

[Diy]

Hi Wytm

Do you suggest me to add my husband as common law partner even if fail to provide divorce documents of his another marriage? What benefits would be lost in this case? provided that we are living together since last 6 years and have a child as well.

 

[scylla]

Hi Wytm

Do you suggest me to add my husband as common law partner even if fail to provide divorce documents of his another marriage? What benefits would be lost in this case? provided that we are living together since last 6 years and have a child as well.

If you cannot provide divorce documents, you will have to prove in some other way that your husband is no longer with his first wife (i.e. that they have separated).

Wtym's situation is completely different than yours since a divorce certificate was in fact provided.

 

[Diy]

I can not reach to conclusion...
Shall I create my profile with children? Shall I add him as non accompanying as his details definitely would be provided in my application?
or will my application be refused even if he does not go with me?

 

[scylla]

I can not reach to conclusion...
Shall I create my profile with children? Shall I add him as non accompanying as his details definitely would be provided in my application?
or will my application be refused even if he does not go with me?

You must include your children in your application. You can include your husband as either accompanying or non-accompanying if you want to. However expect that CIC will tell you he is not a qualifying dependent and that they will remove him from your application.

 

[Diy]

Great
Thanks very much for the information
I will go ahead with profile creation

can anyone tell me the link and how to start a profile and any other useful guidance regarding that

TIA