MARITAL STATUS

[Janix]

Hi Guys,

I need an advice on our situation.
I am going to file a spouse sponsorship for my wife under conjugal partner category.

I can't declare her as my legal wife for she has a previous marriage from the Philippines.
And she got her divorce in the US and our marriage took place in the US as well.

we found out that Canada will recognize foreign divorce if either spouse was ordinarily resident in the foreign jurisdiction for one year immediately preceding the application for the divorce.

therefore our marriage is void, that's why we decided to go for conjugal partner application.

My question is, since our marriage is void, what is my current marital status?
Still single - never been married?

Thanks Guys!

 

[taffy7]

If she was able to get a divorce why is your marry void. Member with more experience with the Philippines will have more of an idea,but from what i understand is if you are able to get a divorce and re marry in the states your married,but you feel its void,so i will learn from this answer also.

 

[Janix]

If she was able to get a divorce why is your marry void. Member with more experience with the Philippines will have more of an idea,but from what i understand is if you are able to get a divorce and re marry in the states your married,but you feel its void,so i will learn from this answer also.

It is really confusing on what category I should apply for my wife.
This is a snippet from a PDF i got from the internet :

"OP 2 Processing Members of the Family Class

2006-11-14 25

5.33. Legality of foreign divorces

The federal Divorce Act of 1985 governs the recognition of foreign divorces. It specifically provides for the recognition of foreign divorces where the divorce was granted after February 13, 1986. These divorces are valid in Canada if either spouse was ordinarily resident in the foreign jurisdiction for one year immediately preceding the application for the divorce."

This is also the opinion of one of the immigration lawyer that I consulted before.

Hope someone could give clarification to my situation.

 

[canadianwoman]

Where are you and your wife living now? If you have been living together for one year, you could apply common-law.
How long had she been living in the US before applying for the divorce?