sponsor your wife after getting divorce in canada

[Aggee]

Hi Every one,

I would like to explain my situation right now and really appreciate if i can get an advices and help to solve my issue or concern.
I came in this country "Canada" as a landed immigrant in 2007 as my wife who was my relative sponsored me after we get married in Pakistan. After landing in Canada thing were not same as I expected and the relation between us did not grow becouse of our liking and nature and then i found out after a month or so that she was being forced to get married with me. As it was an arranged marriage. So after 7 months living and fighting I decide to leave her house. We stay apart more then a year we decided to file divorced and move on with our life. She file a divorce and become plaintiff and it was un contested divorced. and i do have orginal divorce judgment certificate copy now.

The reason i am writing this becouse after living almost a 2 year alone in Canada and make my career i m thinking to get married again as my parents are looking for girl back at home. I hvnt met any one to fall in love so I am looking to get arranged another time. My concerns are
a- Will I be able to sponsor my new wife
b- what are the Possibilities that my application get rejected because of my previous marriage ended etc
c- Because of my job i cant stay in Pakistan more then 2.5 week
D- Where i can look for more info and get more knowledge.
E- What should i do to make my case stronger .
F- Any thing that help?


My plan is to visit Pakistan for 2 weeks or so when i find my partner and Do nikkah and come back file the case. I will go back to pakistan next year or when the application is being approved so that I can bring her with me to Canada.

I will appreciate if I can get the advice to make this happen as I dont want to get married in pakistan and leave the girl alone and waite for me forever becouse of my past or procedure and laws.


Thanks..

 

[rjessome]

Hi Every one,

I would like to explain my situation right now and really appreciate if i can get an advices and help to solve my issue or concern.
I came in this country "Canada" as a landed immigrant in 2007 as my wife who was my relative sponsored me after we get married in Pakistan. After landing in Canada thing were not same as I expected and the relation between us did not grow becouse of our liking and nature and then i found out after a month or so that she was being forced to get married with me. As it was an arranged marriage. So after 7 months living and fighting I decide to leave her house. We stay apart more then a year we decided to file divorced and move on with our life. She file a divorce and become plaintiff and it was un contested divorced. and i do have orginal divorce judgment certificate copy now.

The reason i am writing this becouse after living almost a 2 year alone in Canada and make my career i m thinking to get married again as my parents are looking for girl back at home. I hvnt met any one to fall in love so I am looking to get arranged another time. My concerns are
a- Will I be able to sponsor my new wife
b- what are the Possibilities that my application get rejected because of my previous marriage ended etc
c- Because of my job i cant stay in Pakistan more then 2.5 week
D- Where i can look for more info and get more knowledge.
E- What should i do to make my case stronger .
F- Any thing that help?


My plan is to visit Pakistan for 2 weeks or so when i find my partner and Do nikkah and come back file the case. I will go back to pakistan next year or when the application is being approved so that I can bring her with me to Canada.

I will appreciate if I can get the advice to make this happen as I dont want to get married in pakistan and leave the girl alone and waite for me forever becouse of my past or procedure and laws.


Thanks..

It's taking 2 years for a sponsorship application to be processed through Islamabad so first thing you should know is that if you do get married again to a woman in Pakistan, it won't be a fast process to bring her here if she's approved. Second thing you should know is that your first marriage will cause more scrutiny to this sponsorship application. Third, you should get your Canadian citizenship first before doing this. It's not a requirement but you may decide to stay in Pakistan longer to be with your wife and PRs can't do that when sponsoring a spouse. PRs are only allowed to be out of the country for short periods when sponsoring. This is not the case for citizens.

And what about the Rukhsati? There have been a few decisions of the Immigration Appeal Division on point about that if it is not done.
http://www.canlii.org/eliisa/highlight.do?text=marriage+AND+refused+AND+immigrat

As there is a very long wait period for spousal applications to be processed through Islamabad, up to 24 months, it may seem reasonable to a visa officer that this ceremony could be held before your immigration application is complete. Unless there is a very strong reason why this ceremony cannot be held in Pakistan within that 24 month period and you advise the visa office as to this, my opinion is that it may cause you some difficulties. Here is another recent decision also on point. http://www.canlii.org/eliisa/highlight.do?text=marriage+AND+refused+AND+immigrat

 

[CharlieD10]

Expect stringent scrutiny of your first marriage as a possible marriage of convenience. The officer is going to wonder why you opted to stay in Canada when you immigrated under family reunification and that broke down within a year of you coming to Canada. Since the reason for your coming to Canada no longer existed, why stay alone in Canada?

As rjessome also pointed out, they are becoming increasingly critical of Muslim marriages that do not include the rukshati, especially considering that the couple is going to be apart for up to 2 years while Immigration processes are taking place.

 

[Aggee]

Thanks Rjessome,

1-So you are suggesting that I should get my canadian citizen first before getting married.
2-I was thinking if I can do the nikkah this year and file the application while next year I will go and do the rukshati and she will stay in my home till her case got approved.
3- The reason i cant stay more then a 2 weeks is because I got a very good job and I am working as a operation manager in One of the International company and because of my job responsibilities that reduce my chances.
4- Sorry I am not able to open the link that you posted .Showing error messages. Can u send me again.

Thanks

 

[Aggee]

Thanks for reply CharlieD10,

Well I got a very good opportunity here in Canada in that period of time that Can grow my career and help me to achieved my goals in life. That was the only reason i had to stay in Canada after being heat Broken and feel cheated in that relation.

All i was thinking if i can get nikkah this year and file the application and go next year and do the rukshati.

Thanks

 

[rjessome]

Thanks Rjessome,

1-So you are suggesting that I should get my canadian citizen first before getting married.
2-I was thinking if I can do the nikkah this year and file the application while next year I will go and do the rukshati and she will stay in my home till her case got approved.
3- The reason i cant stay more then a 2 weeks is because I got a very good job and I am working as a operation manager in One of the International company and because of my job responsibilities that reduce my chances.
4- Sorry I am not able to open the link that you posted .Showing error messages. Can u send me again.

Thanks

1. The only reason I'm recommending getting citizenship is in case you wanted to stay for an extended period in Pakistan with your wife. But from the sounds of it, your job would not allow that anyway.
2. Definitely get the rukhsati done before the application is decided. Your plan may work.
3. Good reason not to stay out of Canada for too long.
4. Sorry about that. Try these. http://www.canlii.org/eliisa/highlight.do?text=rukhsati&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/ca/irb/doc/2010/2010canlii84082/2010canlii84082.html
http://www.canlii.org/eliisa/highlight.do?text=rukhsati&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/ca/irb/doc/2011/2011canlii46031/2011canlii46031.html