Nikah or islamic marriage valid in Canada

[borgia]

I have somewhat of a backwards problem from this website. I'm trying to immigration to the US through my current marriage. I have a previous marriage that was done with a Nikah or islamic marriage in montreal. The US government is asking me to prove this was not a valid marriage in Canada. Otherwise I need to go through a divorce ceremony and remarry my current wife. I cannot find any information on whether Canada considered my islamic marriage a valid marriage in 2000 when it occurred???

 

[keesio]

I have somewhat of a backwards problem from this website. I'm trying to immigration to the US through my current marriage. I have a previous marriage that was done with a Nikah or islamic marriage in montreal. The US government is asking me to prove this was not a valid marriage in Canada. Otherwise I need to go through a divorce ceremony and remarry my current wife. I cannot find any information on whether Canada considered my islamic marriage a valid marriage in 2000 when it occurred???

Religious ceremonies are usually recognized. Did you get a marriage certificate?

 

[sunshinemrc]

I have somewhat of a backwards problem from this website. I'm trying to immigration to the US through my current marriage. I have a previous marriage that was done with a Nikah or islamic marriage in montreal. The US government is asking me to prove this was not a valid marriage in Canada. Otherwise I need to go through a divorce ceremony and remarry my current wife. I cannot find any information on whether Canada considered my islamic marriage a valid marriage in 2000 when it occurred???

If Nikah was done at home (as an engagement) without an Imam and formalities, than it would not be a recorded marriage. If however, the Nikah was done at a mosque with an Imam, they would have had you apply for a marriage license at the city hall to give to the mosque before the Nikah (getting the marriage license is a very easy step, you go in to city hall pay a fee of $50 or whatever amount, present your ID and person you are marrying ID) and they issue the license on the spot. If a marriage license was obtained, and Imam performed the Nikah, it is almost guaranteed the marriage was registered.

However, if the Nikah was done at home without an Imam and a marriage license than the marriage was just performed for traditional reasons as an engagement.


You should search QC records. Express processing is 3 business days.

http://www4.gouv.qc.ca/EN/portail/citoyens/evenements/deces/pages/demander-certificat-copie-acte.aspx

If no records of marriage is found, you can get a Certificate of No Impediment to Marriage from the Canadian Government. What you would then need to do, is go to a lawyer and prepare an affidavit stating that you are single and have never been married. This affidavit is sworn (so if you lie you can be jailed for fraud). That's why you want to make sure to search the QC marriage records first to make sure you are in fact single/never married before your current marriage. Once you have the Affidavit with supporting documents from the lawyer you can apply for the Certificate, that will basically say you are single and have never been married.

Good luck.