Need some advice please!

[pumpkytwothree]

Hi, I'm still married to a US citizen back in the states and I'm also holding a US PR card but currently residing here in the Philippines for 3 months now from being separated for a year.
I am now dating my Canadian boyfriend whom i met online for 13 months now,met him and his family once in Toronto for a weekend before i left the states. He also been helping me out for the last 6 months,and coming for a visit here in my country and is going to stay with me for 3 weeks.
Now my concern is, do we fall into a conjugal-relationship since we can't be together due to immigration barrier's and the fact that I'm still legally married to another person. I could have filed for a divorce since my boyfriend is willing to pay it for me but its not likely that my ex-husband will sign the papers and there is no divorce here in my country.

I also would like to know if its a good idea to get a tourist visa so i can visit him again before taking the next step like applying for a PR maybe?

Any advice will be greatly appreciated, Thank you!

 

[chelley]

Divorce from your us spouse is not impossible, just difficult.... And you say he probably wouldn't sign the papers, but until you physically try and have evidence of his refusal, that's just speculation...

While conjugal applications from the Philippines are feasible, I'd be hesitant to say that your case is cut and dry... I'd try to serve the divorce in the US and then go from there

 

[pumpkytwothree]

but would it be possible to get a trv and just apply for divorce in canada?

 

[chelley]

No, neither of you live in canada...

You can apply for TRV and process the divorce through the US while in Canada... I divorced my husband in the courts of GA without ever leaving Toronto (well not to go to the US)... Did it all through email actually, never actually even spoke to my lawyer, she was a peach though

 

[pumpkytwothree]

I never knew i can actually do that, and do you think it's best to have my bf write a letter of invitation for me before he comes to visit me?
and thank you chelley, i think i'll do what you did if i ever get a trv.

 

[Kedeisha]

Hi, I'm still married to a US citizen back in the states and I'm also holding a US PR card but currently residing here in the Philippines for 3 months now from being separated for a year.
I am now dating my Canadian boyfriend whom i met online for 13 months now,met him and his family once in Toronto for a weekend before i left the states. He also been helping me out for the last 6 months,and coming for a visit here in my country and is going to stay with me for 3 weeks.
Now my concern is, do we fall into a conjugal-relationship since we can't be together due to immigration barrier's and the fact that I'm still legally married to another person. I could have filed for a divorce since my boyfriend is willing to pay it for me but its not likely that my ex-husband will sign the papers and there is no divorce here in my country.

I also would like to know if its a good idea to get a tourist visa so i can visit him again before taking the next step like applying for a PR maybe?

Any advice will be greatly appreciated, Thank you!

you cannot get a divorce as you are still a phillipines resident in order to get a divorce you have to be a citizen of a foreign country then you can get a divorce and it would be considered a divorce as you have obtained a divorce in your now country of resident, although in the phillipines you would still be "married" but they would recognize your divorce, so in that essesnce conjugal is the way to go please ensure you include proof of genuineness in your application. I wish you the best

 

[chelley]

you cannot get a divorce as you are still a phillipines resident in order to get a divorce you have to be a citizen of a foreign country then you can get a divorce and it would be considered a divorce as you have obtained a divorce in your now country of resident, although in the phillipines you would still be "married" but they would recognize your divorce, so in that essesnce conjugal is the way to go please ensure you include proof of genuineness in your application. I wish you the best

no, i've never been a US citizen (and either has my ex) and we divorced through the US (where he is a green card holder)... my divorce is very legal... if you are legally divorced, canada will recognize this... They will not be able to marry in the philippines if/when a divorce is received... which is a different hurdle, but one that can be overcome with a little creativity...

getting a divorce in the US (from outside of the US is possible unless they physically need you to be in court... most times a lawyer can represent you (and i don't believe a judge will dismiss a divorce case because you are not there), if there are custody or financial issues that need to be addressed that you think the ex might put up a big fight for, you may be required to attend session)... my divorce was simple and neither one of us was required to appear...

as far as getting a TRV... I couldn't say.... having a US green card would likely be highly beneficial (do you even need a TRV if your green card is still valid? I'm not sure, i know entering the US, a Canadian PR needs a visa, logic would say that it would work the same way going into Canada, but things defy logic sometimes )... regardless it's a plus for your case, but nothing is certain

if you do require a TRV, it's best if you have family who can invite you... your boyfriend should try to not use the words girlfriend or fiance if he is the only one that can do it, your chances will greatly decrease if he calls you that as your chances of overstaying are high...

hope that helps some

 

[rjessome]

A US holder of a valid green card does not need a visa to enter Canada.

 

[pumpkytwothree]

A US holder of a valid green card does not need a visa to enter Canada.

would it matter still if I'm coming from the Philippines and not the states? this is where I'm confused :-X

 

[rjessome]

would it matter still if I'm coming from the Philippines and not the states? this is where I'm confused :-X

No, as long as the green card is valid.

 

[pumpkytwothree]

No, as long as the green card is valid.

I've only been gone from the states for 3 months now, so i think its still valid but might as well call the embassy just to make sure.
I also would like to ask, if ever i can visit there without a visa and stay with my bf for a while do we still fall into conjugal-relationship class or not?
I just really want to be with him

 

[chelley]

I thought that might be the case with the green card, but wasnt sure...

As far as the conjugal goes... It seems that you might not have a strong case to show barriers to either marriage or cohabitation.... So it might be an uphill battle...

 

[pumpkytwothree]

Chelley, do you suggest that common-law is more appropriate than conjugal if i can visit and have a lengthy stay ex: for 6 months and maybe continuously if i apply for extension? and hopefully process my divorce while in there? ???

 

[chelley]

Many people have successfully met common law cohabitation requirements on visitor status... Ultimately anything can happen... If your green card is valid, ask for a visitor record on entry so you can officially renew your status as it expires (others can explain this process a lot better)... Make sure you get a lot of proof you are "living together" too... Especially your name on a lease or bills of some sort...

 

[rjessome]

If the OP is a green card holder, they can visit and extend their stay. Common-law becomes the better option than conjugal because there is less of an immigration barrier with the green card. If the OP has only left the US for 3 months, the green card should still be valid. But I'm not expert on US green cards, however, I think I read that you must be out of the US for 6 months before you put your status in jeopardy while on a green card. Can't be sure so look into it.