New to forum. questions on conjugal sponsorship

[Kristianfromcanada]

Hi all.
I need help with this question if you would elaborate on this for me. My lady and I have been in a relationship since Dec 2013. I have been to Ukraine 4 times since then. She was denied a trv on the grounds we couldn't prove she would leave at the end of her stay also no official ties to her home country. I thought due to this is may constitute and immigration barrier as I cannot move there because I pay court ordered spousal support and child support and have visitation with my kids from first marriage. I am also still married and cant get divorced because my ex wife is not divorcing me because she wants to keep my new love out of Canada. Any thoughts on if this sounds like an immigration barrier and if we would qualify in the conjugal category.
Also we had a son together he was born on Dec 2016/18. we depend on each other like a couple emotionally, spiritually and communicate daily as our time differential permits and I send her money to live that's gives her the extras because she makes the equivalent to $75 Canadian a month.
Also could someone help me with this question..
9. were there any formal ceremonies or events to recognize or celebrate your relationship.
maybe ive been looking at this screen to long and am overthinking but I'm stumped
Help!

 

[canuck_in_uk]

I am also still married and cant get divorced because my ex wife is not divorcing me because she wants to keep my new love out of Canada. Any thoughts on if this sounds like an immigration barrier and if we would qualify in the conjugal category.

Hi

Your first wife can't force you to remain married. Considering you have been separated for over 3 years, you've had more than enough time to get a divorce.

 

[IuliaMB]

If you have been separated for 3 years your wife cannot keep you from getting a divorce. I don't think you can sponsor someone else while still married.

How come you have to pay court ordered spousal and child support and have visitation rights as opposed to custody if you and your wife are still legally married? Did she sue for it? If so that is your proof that you have been separated and should assist you on getting a divorce with or without your wife's approval.

 

[scylla]

As others have said, there is nothing stopping you from getting a divorce. I would get a divorce, then get married, then sponsor.

 

[profiler]

If you have been separated for 3 years your wife cannot keep you from getting a divorce. I don't think you can sponsor someone else while still married.

How come you have to pay court ordered spousal and child support and have visitation rights as opposed to custody if you and your wife are still legally married? Did she sue for it? If so that is your proof that you have been separated and should assist you on getting a divorce with or without your wife's approval.

As someone who's recently been through family court, I also find it odd that a court would order support for a relationship that has yet to dissolve. The clear argument is it would be speculative, at best, to assume there would be a need to pay that support.

No one can force you to stay married. So, if it walks and quacks like a duck, ask the court for the divorce certificate. That seems to be all that's missing.

EDIT: do a quick google search for "canada divorce without consent", if there has not been a divorce certificate issued..

 

[Kristianfromcanada]

Hi

Your first wife can't force you to remain married. Considering you have been separated for over 3 years, you've had more than enough time to get a divorce.

Well your right about that but it is occuring and ive known other couples trying to divorce and theirs have gone in for 6 years in similar circumstances. There is an issue of custody of the kids as im going for 50% custody. As of now we're in case management counsel, its litigation but designed to minimize the amount of problems the judge needs to make a decision on but still the ex has her heels dug in and isnt agreeing on anything which is frustrating. The courts are trying to direct us toward dissolution of the marriage. Now there will be a brief conflict resolution process we both must attend which is good but will take more timeWhich will take more time. The courts are backed up and trying to coordinate 5 peoples schedules i.e. mine,soon to be exe, my lawyer and hers pushes things back too.

 

[Rob_TO]

You can certainly try a conjugal application, and list all the reasons you mentioned for not being able to cohabit for 12 months, and not being able to divorce easily due to child custody issues. With a child in common and lots of proof of financial/emotional dependence on each other there is no doubt you're a conjugal couple, it's just a matter of the barriers to common-law/marriage that would be an issue.

Conjugal apps and the barriers you present to common-law/marriage, are at the discretion of the visa officer processing your file whether to accept or not. There is no harm to submit an app and hope to get a lenient visa officer.
Worst case scenario is your app is eventually rejected, and you are right back to where you are now minus the processing fees.
Best case is they will accept your conjugal reasons and approve the app.

In the meantime while conjugal app is processing, you can continue to sort our your divorce issues. If you can somehow get divorced, and then married to your new partner, you could request to the visa officer to turn your conjugal app into a married app. There is no guarantee they will do this and may ask you to submit a new app from scratch, but again this is at their discretion. In the end there is no real negative aspect (besides the effort and cost) to submit a conjugal app and see what happens.

 

[Sous02]

You can certainly try a conjugal application, and list all the reasons you mentioned for not being able to cohabit for 12 months, and not being able to divorce easily due to child custody issues. With a child in common and lots of proof of financial/emotional dependence on each other there is no doubt you're a conjugal couple, it's just a matter of the barriers to common-law/marriage that would be an issue.

Conjugal apps and the barriers you present to common-law/marriage, are at the discretion of the visa officer processing your file whether to accept or not. There is no harm to submit an app and hope to get a lenient visa officer.
Worst case scenario is your app is eventually rejected, and you are right back to where you are now minus the processing fees.
Best case is they will accept your conjugal reasons and approve the app.

In the meantime while conjugal app is processing, you can continue to sort our your divorce issues. If you can somehow get divorced, and then married to your new partner, you could request to the visa officer to turn your conjugal app into a married app. There is no guarantee they will do this and may ask you to submit a new app from scratch, but again this is at their discretion. In the end there is no real negative aspect (besides the effort and cost) to submit a conjugal app and see what happens.

I can not imagine success with a conjugal application. Children and still married very unlikely. Better to put the time and effort into the divorce and then marriage.