Overwhelmed, please advise.

[kanuto]

My girlfriend and I have been together for almost 3 yrs( officially in November). We used to go to the same High school before I moved to canada, and we reconnected during my first trip back.
I currently live in Canada as a PR and she's in the Philippines. I go there yearly as long as work vacation permits me(usually 4-7 weeks).
I want to sponsor her, however I'm not sure which category this would be, my assumption would be conjugal since I cant really stay in the Phils for a yr without going back due to work, mainly.

the issue that complicates things is that she was married(Iglesia ni Cristo) a few years back but for the last 4 years have no contact with her husband who last I've heard, lives in the US now.
there is no divorce in the Philippines. Is there a specific way i can try and sponsor her?

any help would be appreciated.

 

[scylla]

Conjugal may be tricky for you since you face no immigration barrier to moving to the Philippines for a year and living there together to become common law.

 

[Carldex]

Family sponsorship under conjugal category

 

[Carldex]

Conjugal may be tricky for you since you face no immigration barrier to moving to the Philippines for a year and living there together to become common law.

Family sponsorship under conjugal category

 

[kanuto]

Conjugal may be tricky for you since you face no immigration barrier to moving to the Philippines for a year and living there together to become common law.

I thought legal barrier such as no divorce allowed in the phils would be one of the circumstances.

Conjugal partner: Conjugal partners can be of either opposite-sex or same-sex. A sponsored person is defined as conjugal partner if:

• Exceptional circumstances beyond their control have prevented the applicants from qualifying as common-law partners or spouses, such as immigration barriers or legal restrictions limiting divorce or same-sex relationships;

 

[scylla]

I thought legal barrier such as no divorce allowed in the phils would be one of the circumstances.

Conjugal partner: Conjugal partners can be of either opposite-sex or same-sex. A sponsored person is defined as conjugal partner if:

• Exceptional circumstances beyond their control have prevented the applicants from qualifying as common-law partners or spouses, such as immigration barriers or legal restrictions limiting divorce or same-sex relationships;

It is - but you also typically have to demonstrate an immigration barrier for common law. You don't face an immigration barrier for common law.

Having said that, you may be successful.

 

[Carldex]

I thought legal barrier such as no divorce allowed in the phils would be one of the circumstances.

Conjugal partner: Conjugal partners can be of either opposite-sex or same-sex. A sponsored person is defined as conjugal partner if:

• Exceptional circumstances beyond their control have prevented the applicants from qualifying as common-law partners or spouses, such as immigration barriers or legal restrictions limiting divorce or same-sex relationships;

As of now my application to sponsor my husband is in process in Manila office I already passed my eligibility to sponsor under conjugal category

 

[scylla]

As of now my application to sponsor my husband is in process in Manila office I already passed my eligibility to sponsor under conjugal category

FYI: Eligibility to sponsor only assesses your sponsor - not your conjugal relationship.Your relationship will be assessed by Manila.

 

[Carldex]

FYI: Eligibility to sponsor only assesses your sponsor - not your conjugal relationship.Your relationship will be assessed by Manila.

Thank you for the information, we're hoping and praying

 

[kanuto]

Though I agree that the married lady can be charged with adultery, I guess the question is, statistically speaking, how many ex-husbands actually sue their ex-wives for it? This particular ex-husband is supposedly in the US and is more likely than not, already in a relationship there. The burden of proof will be on the person filing the case against them and this can only be the offended spouse aka ex-husband who is in the US. Let's remember that the visa officers who will be in charge of reviewing the application will be from Manila who are very much aware of Philippine laws.

Furthermore, does the girlfriend and the would be sponsor share the same religion? (This isn't clear to me as per OP's original post) If the religion isn't the same, I would caution them from using being INC as a barrier. Why? Because part of being INC means you do not get into a relationship with someone from outside the religion as what has already been mentioned by reveur. You can't say "I'm INC, I can't live with someone who is not my husband" on one end and then be in a "forbidden" relationship on the other, they will end up contradicting themselves.

To the OP, we have almost the same case, my common law spouse was INC (he renounced because I am not INC and we want to live together) and legally married. The ex-wife abandoned him and their children and migrated to the US. I went home to the Philippines and established common law before coming back to Canada to start the sponsorship process. Others say that it's easy for me to say that because I am a citizen, not true, I left a good job here and it was not an easy decision. Even PRs can be away from Canada for a year without losing status so the "barriers" as Scylla mentioned would have to be insurmountable to have a good chance at approval.

we do not share the same religion. she has for the most part, renounced the church after asking them for help to annul the marriage she was in. she compiled proofs of the person's unfaithfulness throughout their time together and after getting the run around for along time they just flat out said no.

 

[kanuto]

thanks for clarifying, then in that case, please make sure you do not use her religion as a reason for you not to live together so that it is not questioned by IRCC. in your application, you also need to state where the ex spouse is and the timeline of their severed relationship (this was just requested from someone in the FB 2017 Canada Spousal Sponsorship group), you will need to overcome the question "if the ex husband is not physically in the Philippines to file any case against your gf and is the only one legally able to even file adultery charges against your girlfriend, what is stopping you from going back home and establishing common law?"

If you have an extenuating circumstance that justifies why you can't, I'm sure Scylla and other more knowledgable forum members will give you their opinion. Maybe I'm wrong and that question won't even come up.

will the answer "I need to keep making money to support us when she moves to canada" a good reason? It's not lying at all. Another route Im thinking and please advise if its a wise one, is to have her come to canada as a visitor for at least 6 months, and hopefully have it extended to a yr? will that count as a way to establish common law?

i really appreciate the help you guys are giving.

 

[Classic Chucks]

will the answer "I need to keep making money to support us when she moves to canada" a good reason? It's not lying at all. Another route Im thinking and please advise if its a wise one, is to have her come to canada as a visitor for at least 6 months, and hopefully have it extended to a yr? will that count as a way to establish common law?

i really appreciate the help you guys are giving.

Of course. That's the first one you should do before you attempt a conjugal case. Have her apply for TRV first and start from there. Good luck

 

[kanuto]

Of course. That's the first one you should do before you attempt a conjugal case. Have her apply for TRV first and start from there. Good luck

any tips on getting a favorable response on TRV application? also will I be able to pay for it on her behalf?

 

[Classic Chucks]

any tips on getting a favorable response on TRV application? also will I be able to pay for it on her behalf?

Tips:
1.Don't lie.
2.Applicant should demonstrate strong ties to home country.
3.Make a good invitation letter.

If she hasn't travelled much outside of her homecountry then trv approval could be slim. But it won't hurt to try. Good luck

 

[kanuto]

Tips:
1.Don't lie.
2.Applicant should demonstrate strong ties to home country.
3.Make a good invitation letter.

If she hasn't travelled much outside of her homecountry then trv approval coud be slim. But it won't hurt to try. Good luck

what would be the reason why she wont be approved if she doesnt travel much?