Married twice

[boramz]

As I mentioned to my friend that this forum is very helpful. He wants me to relay his problem because he's the guy doesn't know about computers.

This is his story
He married to her girlfriend last 2012. Later on he found out that her girlfriend was still legally married to her ex husband . So basically their married was not legal since the beginning.And now he's planning to sponsor them as a Conjugal partner since they had already a son and a barrier that prevents them from marrying.
Do you think he has a chance to sponsor his family as a Conjugal partner even though they are married but not legal in law because of the first marriage of her partner.

Kindly advise.

 

[screech339]

First of all, the gf has committed a bigamy, an offense by marrying you while married. Not sure how this will reflect in her record.


Second the conjugal will still not work as common law is an option for you. If you have already stayed together 12 months, you can file as common law.

Otherwise, you would have to wait until the gf has a divorce before legally able to sponsor after gf get legal marriage.

 

[boramz]

But there not living together for 1year.he just only visit her once a year in her country for 3 straight years . So he's best way is Conjugal partner. Since they can live as a common law or marrying each other. But the problem is the Bigamy issue. Will this affect if you apply as Conjugal partner.

 

[steerpike]

They would probably have a better chance if she divorces her old husband and remarries her new husband and apply under spousal. If her religion or the law of her country outlaws diviorce then i guess that could qualify as "barrier", but they should probably talk to a lawyer about it because conjugal is a very difficult class to be sponsored under.

 

[Rob_TO]

As I mentioned to my friend that this forum is very helpful. He wants me to relay his problem because he's the guy doesn't know about computers.

This is his story
He married to her girlfriend last 2012. Later on he found out that her girlfriend was still legally married to her ex husband . So basically their married was not legal since the beginning.And now he's planning to sponsor them as a Conjugal partner since they had already a son and a barrier that prevents them from marrying.
Do you think he has a chance to sponsor his family as a Conjugal partner even though they are married but not legal in law because of the first marriage of her partner.

Kindly advise.

Is there any reason that she can't get a divorce from her first husband? If this was a marriage in the Philippines for example where divorce is illegal, only in that case would a conjugal app be appropriate.

 

[boramz]

Is there any reason that she can't get a divorce from her first husband? If this was a marriage in the Philippines for example where divorce is illegal, only in that case would a conjugal app be appropriate.

yes,in philippines! so divorce is illegal
but hes problem is their marriage which is not legal in the first place.
is there any impact to the application regarding their marriage?

 

[screech339]

yes,in philippines! so divorce is illegal
but hes problem is their marriage which is not legal in the first place.
is there any impact to the application regarding their marriage?

Of course his marriage is not legal since the gf is still married to the first husband. The problem is that she got married a second time while still married to the first one. That is a bigamy offence. She could still be charged with bigamy if she hasn't be charged yet.

The fact that she willfully married the second person is an offense. CIC may see this as a problem since she acted knowingly marrying a second time.

Other than the possible charge of bigamy, you would have a case of conjugal sponsorship as Philippines usually file conjugal if they are married the first time. Conjugal sponsorship are usually done for people where divorce is illegal in their country thus "impossible" to re-marry.

 

[keesio]

boramz - your "friend" you describe sounds a lot like you:

http://www.canadavisa.com/canada-immigration-discussion-board/applying-as-a-conjugal-partner-t181832.0.html

If it is indeed you, note the comments about how you landed as a PR but did not disclose your relationship with your partner and child. Unfortunately this will prevent you from sponsoring them....

 

[boramz]

yes we have a common problem... but mine is not married because since the beginning i know that shes still married and we cant get a marriage certificate as long as your still married on your first. for my friend,they get married because there is no record on nso that her gf was still married.until they get advisory on marriage and found out that her gf married twice.