Please help..

[derick27]

Just to clarify about the time that she wanted me to sign the papers. I had doubts to sign it before, because I really dont know what to do. She just ask me to sign the papers to prove that we no longer leave together and she was just in Canada for more than a year. Even if I sign it that would still make no difference here at all. It would only make her do the things she wanted for herself and not thinking about us. I was protecting my kids welfare that time. I just want to start again and needs her to cooperate to process the legal documents. I am happy for her and don't want to mess what she have right now. I am only asking how can I make her cooperate, so that everything would be settled. I have no means of going there. Even if I can I would not risk the money that I am earning here just to go there I rather save it for my kids future.

 

[canuck_in_uk]

No one is judging you for your ignorance of a foreign country's laws, I apologize if it seemed like that. I would not expect a Filipino citizen living in the Philippines to be an expert in Canadian law. I am not familiar with laws of your country, beyond the illegality of divorce. Myself and others were just trying to explain to you in straightforward terms that your assumptions about her status in Canada and the legality of her divorce are very likely wrong, and that there is no legal method for you to have her deported or force her to co-operate with the annulment the Philippines.

I agree with you that it would be in everyone's best interests for her to co-operate with you to obtain the annulment and that she is hurting herself by refusing. That said, people, especially ex-spouses, can hold grudges for a very long time; you refused to co-operate with her in the divorce, so maybe she is trying to get back at you. It is an unhappy predicament you find yourself in because of the illegality of divorce in your country. I am not so familiar with the rules surrounding an annulment in the Philippines but I recall reading that it is possible to obtain an annulment even without the co-operation of the other spouse. You should seek legal advice to see if it is possible in your situation. Otherwise, your only option is to continue requesting her co-operation.

 

[awtul2012]

after wining the adr appeal , how does it take to get the visa ????

 

[derick27]

Are you seriously suggesting that in Canada it is possible for a petitioner to obtain a divorce lawfully without the Respondent receiving any notice of the proceedings? Without being given any opportunity to defend the divorce proceedings if he so wishes? Consent to the proceedings is of course unnecessary, but absence of notice, particularly where the Petitioner knows where the Respondent lives (she wrote to him), usually entails fraud. Usually diivorce proceedings have to be served either in person or by post or a court order for substituted service, such as by advertisement, has to be obtained; and those orders are not usually made unless the court has been told that the whereabouts of the Respondent are unknown. If the court was so told despite the wife's knowledge of his whereabouts, there was probably fraud. Of course things may be different in Canada! I am not in Canada and am not a Canadian lawyer. Anyway are you not jumping the gun? We do not know for certain whether he was married, let alone divorced; but if he was divorced without his knowledge that would be a very unusual state of affairs in respect of which he would, to answer Truesmile's point, need legal advice. On the basis of the facts as at present known there are no grounds for asserting that if there was a divorce it would be completely legal in Canada. If he was once married and is not lawfully divorced, an assertion of bigamy as a means of getting her back to the Philippines is a possibility that springs to mind. How to bring her back is what he was asking about As for Truesmile's point about money, of course he wants money: he has the burden of caring for their children and receives no contribution from their mother. Wny is an attempt to get her to contribute not a laudable motive? I am astonished how little sympathy the man has received in this thread.
[/Can you please advise me what to do?]

 

[wowsers]

Can you please advise me what to do?

Dear Derick27, The question in the quotation above has somehow or another got attached to my last post on this thread and appears to be addressed to me. As you will see on re-reading this thread we are I think all of us somewhat confused about the facts, which need clarification, but also about what you are seeking to achieve. I had thought from your previous posts that you wanted advice about how to have your wife's right to remain in Canada terminated so that you could have her back in the Philippines to contribute to the care of your children. That appeared to be a topic which fell within the ambit of this forum, which is concerned with immigration to Canada and occasionally strays beyond the main area of concern, which is family sponsorship.. Now I am not so sure: you appear to be seeking advice about how to obtain an annulment of marriage in the Philippines in the absence of co-operation from your wife or ex wife, which is not a Canadian immigration topic and unlikely to be a topic on which you will obtain useful advice on this forum. There may, unknown to me, be some member of the forum who is qualified to give you such advice, but I think it unlikely, and I am certainly not qualified to give it: I am neither qualified in Filipino nor Canadian law, and it would do you no good to know what English and Welsh law has to say on the subject, if anything. If really what you need to know is how to get an annulment of marriage in the Philippines without the co-operation of your wife, you need to consult a Filipino lawyer practising in that area of law. I am sorry that I cannot help you. Kindest Regards Wowsers

 

[wowsers]

Fortuitously another member of this forum (Becki 567) has provided on another thread a link to a thread concerned with annulment of marriage in the Philippines which might be of interest to you. The link is http://www.canadavisa.com/canada-immigration-discussion-board/-t130632.0.html

 

[derick27]

I had thought from your previous posts that you wanted advice about how to have your wife's right to remain in Canada terminated so that you could have her back in the Philippines to contribute to the care of your children.. IS this possible? What should I do?

 

[zelhdjt]

I do apologize if im ignorant with laws that you have. To be honest I'm not desperate for the money for I have worked for 8 years raising my kids with sweat and blood. I'm just asking for an advise to be able to do what is right. How can I move on with my life if im still married to her legally. Annulment is the only option here in the Philippines and how can i do that if there is no way to communicate with her. Again money is not an issue here and i'm not saying that I dont want it. If she wants to support her children its fine with me, anyway its been 8 years and I'm used to it. I just want things to be legal and it would also benefit her when she comes back to her homeland. In that way she can also bring her husband without worrying anything. Please kind sir, do not judge me for being ignorant, I am just a father or a person wanted to put things right. Sorry if I have posted something that offended your beliefs.

I think you better seek a lawyer in the Philippines and ask for legal advise. Maybe they know what to do in your case.

 

[canuck_in_uk]

I had thought from your previous posts that you wanted advice about how to have your wife's right to remain in Canada terminated so that you could have her back in the Philippines to contribute to the care of your children.. IS this possible? What should I do?

Looking at the possible statuses of your ex:

1. She is illegally in Canada; CBSA finds out decides to take action. Her Canadian husband immediately sponsors her for PR. They don't usually deport people with a spousal sponsorship app in process, especially not with a Canadian child in the picture. They've been together for years, married with a child and illegal status isn't an issue when being sponsored, so the PR app will be approved. She will not be deported.

2. She is on a work permit, study permit or has visitor status. She will not be deported.

3. She is a PR. She will not be deported.

4. She is a Canadian citizen. She will not be deported.


As you've been advised several times now, you should be seeking proper legal advice in the Philippines in regards to the annulment.

 

[HARMIN]

I do apologize if im ignorant with laws that you have. To be honest I'm not desperate for the money for I have worked for 8 years raising my kids with sweat and blood. I'm just asking for an advise to be able to do what is right. How can I move on with my life if im still married to her legally. Annulment is the only option here in the Philippines and how can i do that if there is no way to communicate with her. Again money is not an issue here and i'm not saying that I dont want it. If she wants to support her children its fine with me, anyway its been 8 years and I'm used to it. I just want things to be legal and it would also benefit her when she comes back to her homeland. In that way she can also bring her husband without worrying anything. Please kind sir, do not judge me for being ignorant, I am just a father or a person wanted to put things right. Sorry if I have posted something that offended your beliefs.

derick27 ...According to my opinion first she can't married here because she need to filed her divorced before getting married with someone else in Canada .. Second without Divorced cert. she not eligible to filed her PR application in Canada and if she try to play with CIC (i mean hide about u and ur kids) then u can put her in trouble with informing CIC about this ..Guys i am not here to give u any wrong advise but if u got strong clue about her getting married to someone else in Canada without sending u divorced notice then please whack her hardly sending her full detail to CIC (passport number ..Date of birth ..country of birth and real name on the passport ...i am pretty sure CIC know very well how to deal with this kind of people and one more thing she must keep her visitor or work permit status alive till her PR application reached to LAST DECISION and if u have strong feeling she is out of status then better u act now....Good luck and god bless