Refused my Husband's sponsership because of my previous marriage

[Tina dhaliwal]

I need help please..very upset

I came to Canada 4 years ago under the Federal skilled worker category. i was just married then, Me and my X-husband both applied for the immigration, i was the primary applicant and we came to Canada after 1 year of our marriage and here for some reasons our marriage didn't worked and we got divorced after two years..my ex husband already got married 2 years ago and i just got married last year and sponsored my husband..but the immigration officer refused his application saying that my previous marriage was not genuine and my this marriage with him is not genuine too...which is absolutely wrong.. i m so upset ... i don't know what to do, we have already appealed to the decision and i have talked to some lawyers in Canada who ask for thousands of dollars as fee to fight our case...very very depressed , plz help some one...

 

[mikeymyke]

There has to be more to your refusal. What other reasons were given? I've read many Canlii.org cases and past MOCs (marriage of convenience) should not be the only reason for a refusal, that is if your marriage really was an MOC, but it doesn't seem like it because you guys divorced 2 years later.

 

[Awesomeg]

You have a difficult case, because you sponsored 2 husbands in a short period of time,
currently, I thing that there is a 5 year waiting period, in which you can not sponsor other
partner.

You should seek advise with a lawyer,
but you should be able to apply for him after the waiting period is over.

that is, after another 3 years or so...
But if you already have children together that could prove the genuinely of you marriage,

Do you have children with your current partner ???

 

[Tina dhaliwal]

no , i don't have any kids yet...

 

[SenoritaBella]

The issue seems to be, your first marriage failed just 1 year after landing.
1. Did you provide detailed reasons for the divorce when you applied to sponsor your current husband?
2. Before going for divorce, what you and your ex do to save the marriage?
3. Did your family step in try and resolve the problems?
4. If the divorce was one person's fault, did their family pay a fine?

There are cases on the CanLii (http://www.canlii.org/en/ca/irb/index.html) where the application was refused because #2, 3 and 4 were not done (particularly for Indian couples since it is part of the culture).

I think it is good to order yours and your husband's GCMS notes, so you can see the officer's detailed reasons and seek legal advice from an immigration lawyer.

 

[svetlana]

did u write in details why your first marriage did not work? what was the reason? visa officers need all in details

 

[zardoz]

You have a difficult case, because you sponsored 2 husbands in a short period of time,
currently, I thing that there is a 5 year waiting period, in which you can not sponsor other
partner.

You should seek advise with a lawyer,
but you should be able to apply for him after the waiting period is over.

that is, after another 3 years or so...
But if you already have children together that could prove the genuinely of you marriage,

Do you have children with your current partner ???

The 5 years bar to sponsorship doesn't apply in this case, as the first application was as a FSW dependant, not a sponsorship.

 

[svetlana]

zardoz, i agree with u 100 %, first time it wasnt a sponsorship. they just immigrated together to Canada. the visa officer thinks that they had a fake marriage first time-so that they can immigrate easier. but thats not right, in life happen different things, people divorce and people remarry. thats so sad that immigration is so stresfull.

 

[svetlana]

i have the same situation. my husband immigrated with his first wife in canada in 2008. in 2010 they separated. in 2012 he got the divorce. we were already together in 2012. in 2013 we got married and now he is sponsoring me. do u guys think that they will think the same?

 

[zardoz]

i have the same situation. my husband immigrated with his first wife in canada in 2008. in 2010 they separated. in 2012 he got the divorce. we were already together in 2012. in 2013 we got married and now he is sponsoring me. do u guys think that they will think the same?

I doubt it. There are significant differences in the timing. Every visa office is different as well. Different cultures, different perceptions on what is "normal/acceptable".

 

[svetlana]

I need help please..very upset

I came to Canada 4 years ago under the Federal skilled worker category. i was just married then, Me and my X-husband both applied for the immigration, i was the primary applicant and we came to Canada after 1 year of our marriage and here for some reasons our marriage didn't worked and we got divorced after two years..my ex husband already got married 2 years ago and i just got married last year and sponsored my husband..but the immigration officer refused his application saying that my previous marriage was not genuine and my this marriage with him is not genuine too...which is absolutely wrong.. i m so upset ... i don't know what to do, we have already appealed to the decision and i have talked to some lawyers in Canada who ask for thousands of dollars as fee to fight our case...very very depressed , plz help some one...

Tina, what is your visa office?

 

[Tina dhaliwal]

Hi thanks for rplying all

My visa office is Chandigarh pb India..

i want to discuss the reasons of divorce of my previous marrige..

His behavior was totally changed after coming to Canada...i felt him more close to the his sister with whom we were living at that time..

He stopped supporting me in all ways..send me to work in the factory..it was very hard for me to do the labor...as i was teacher back home..

I was not comfortable with his sister and the joint family we were living in at that time i asked him to move some where else , he totally refused..

He had his sister in Canada..before coming to Canada he was very nice to me and promised me that he will try his best to help me get my brother to Canada

We were in Ontario at that time...facing financial hardships and i was feeling so upset as he totally refused to get any of my parent's family member to Canada..

Starting abusing me...bacme alochoic..i was going through a hell at that time..

At work some one told me in Canada there are some developing provinces who have better job opportunities and u can sponsor your family too

i requested him to move ... he refused.. i moved by self to Saskatchewan..waited for him there but he stopped taking my phone calls ..no communication..he was so offended that he phoned my parents say that i m not loyal to him any more.. i moved to some other place with some one
else ...my life was totally hell..he send me divorce papers and our marriage finished...there was not love ,no trust left in our marriage..

 

[Tina dhaliwal]

After divorcing me he went back to India..got married and his wife is already in Canda..if the same visa office can issue visa to his present wife ..then could be only mine previous marrige be a problem...

 

[svetlana]

Tina, everything depends what visa officer reviews your file. And here is a matter of luck. believe me. In other way in your culture marriage and divorce are seen in a different way. did u apply outland or inland?

 

[Tina dhaliwal]

what does that mean..outland or inland..??