Spousal Application - Married to the same person twice.

[Promar]

Hi,

I want to sponsor my wife but I have an issue. Me and my wife were married in 2014 but due to some unfortunate circumstances we got divorced but we reconsidered our decision and got married again.

While I applied for my PR, we were still in separation and I submitted those papers. Now I am confused how to proceed and how to declare my
relationship as genuine.

Thanks for your help.

Regards,
Promar

 

[scylla]

When did you divorce (month / year)? When did you land and become a PR (month / year)? When did you get remarried (month / year)?

 

[Promar]

When did you divorce (month / year)? When did you land and become a PR (month / year)? When did you get remarried (month / year)?

Divorce (June/2015), I was an express entry applicant at this time and they asked me for my wife's documents but I submitted the divorce doc.
Landed (November/2015)
Remarried (June/2016)

Thank you for your reply scylla. Any help would be much appreciated!

 

[scylla]

It's really hard to say. However if I had to guess, I think you'll have problems sponsoring your wife and may want to consult with a good immigration lawyer before you start.

I think CIC will be concerned about the very short period of time between your divorce and remarried - and will have concerns the divorce was completed for convenience reasons (e.g. to avoid having your spouse go through the medical as a condition of you obtaining PR through Express Entry).

Again, I would consult with a lawyer. Your situation is very unusual.

 

[Bigredgal1]

It's really hard to say. However if I had to guess, I think you'll have problems sponsoring your wife and may want to consult with a good immigration lawyer before you start.

I think CIC will be concerned about the very short period of time between your divorce and remarried - and will have concerns the divorce was completed for convenience reasons (e.g. to avoid having your spouse go through the medical as a condition of you obtaining PR through Express Entry).

Again, I would consult with a lawyer. Your situation is very unusual.
[i definitely agree- An Immigration lawyer will be your best guide]

 

[Roland]

As a lay person i don't believe its wrong to remarry the same person except it's not permitted by law in Canada. You have the right to reconcile with your Ex-wife. Everything will be alright but it's a matter of time.
I will also suggest you meet an immigration lawyer to help you.

 

[canadianwoman]

The concern is that CIC will suspect that it is a divorce of convenience. The visa officer might wonder whether you thought you would not be approved because of your wife, so you divorced. For example, your wife would have had to pass the medical for you to immigrate through Express Entry. If she is instead sponsored as the spouse of a PR, she does not have to pass the medical.

You should show plenty of evidence that it was a real divorce, and also evidence that the marriage is genuine now. You should explain in detail why you wanted to divorce, and how you reconciled.

And I would get an immigration lawyer to help.

 

[Bcboundboy]

As a lay person i don't believe its wrong to remarry the same person except it's not permitted by law in Canada. You have the right to reconcile with your Ex-wife. Everything will be alright but it's a matter of time.
I will also suggest you meet an immigration lawyer to help you.

There's no Canadian law that forbids remarrying an ex-spouse.

But yeah, with the divorce so neatly timed to be in force at the time of OP's own application, a lawyer's probably a good idea.

 

[Promar]

The concern is that CIC will suspect that it is a divorce of convenience. The visa officer might wonder whether you thought you would not be approved because of your wife, so you divorced. For example, your wife would have had to pass the medical for you to immigrate through Express Entry. If she is instead sponsored as the spouse of a PR, she does not have to pass the medical.

You should show plenty of evidence that it was a real divorce, and also evidence that the marriage is genuine now. You should explain in detail why you wanted to divorce, and how you reconciled.

And I would get an immigration lawyer to help.

Hi, I am trying to understand why CIC is going to suspect that it was a divorce of convenience?
I applied through Express Entry and I had enough points (With/ Without spouse)
My wife does not have any medical conditions at all. I already did an upfront Medical Exam for the application purpose.
I submitted the divorce certificate while I applied for Express Entry as a Replacement of the marriage certificate (Which was submitted as well as I was in separation at the time of the application) when asked by CIC.
I have a plenty of pictures together. Phone conversations and etc.
How can I prove that the marriage is genuine? (I have marriage certificates etc.)

 

[Bcboundboy]

Hi, I am trying to understand why CIC is going to suspect that it was a divorce of convenience?
I applied through Express Entry and I had enough points (With/ Without spouse)
My wife does not have any medical conditions at all. I already did an upfront Medical Exam for the application purpose.
I submitted the divorce certificate while I applied for Express Entry as a Replacement of the marriage certificate (Which was submitted as well as I was in separation at the time of the application) when asked by CIC.
I have a plenty of pictures together. Phone conversations and etc.
How can I prove that the marriage is genuine? (I have marriage certificates etc.)

You did, but she didn't, did she? When you were asked for her details, you instead uploaded the divorce certificate.

As you've already been told, it isn't really the marriage you need to worry about proving genuine. It's the divorce (which was very strangely timed to perfectly wrap around your own application).

 

[canadianwoman]

Did she do a medical for your Express Entry application?

It is certainly not impossible for you to sponsor her, but there will be concerns on the part of the visa officer. One of them is that you divorced her to help your own application in some way, then remarried her after you became a PR. If this is not the case, you still have to realize that the visa officer will suspect that this might be the case.

To overcome this suspicion, there are several things that will help you. 1. If you would have had enough points for Express Entry with or without your wife, this is a point in your favour. 2. If she had a medical for your application, and passed, great. If she did not, but has a medical now for the sponsorship, and nothing is medically wrong, then also great. 3. You should in any case explain the history of your relationship in detail, including why you decided to divorce, and why you decided to remarry. Include lots of evidence that the relationship now is genuine - you need more evidence than the average couple from your country would need.

 

[Rainasar]

Did she do a medical for your Express Entry application?

It is certainly not impossible for you to sponsor her, but there will be concerns on the part of the visa officer. One of them is that you divorced her to help your own application in some way, then remarried her after you became a PR. If this is not the case, you still have to realize that the visa officer will suspect that this might be the case.

To overcome this suspicion, there are several things that will help you. 1. If you would have had enough points for Express Entry with or without your wife, this is a point in your favour. 2. If she had a medical for your application, and passed, great. If she did not, but has a medical now for the sponsorship, and nothing is medically wrong, then also great. 3. You should in any case explain the history of your relationship in detail, including why you decided to divorce, and why you decided to remarry. Include lots of evidence that the relationship now is genuine - you need more evidence than the average couple from your country would need.

The process may be a little tougher for you. It may take longer time but you will not have any trouble if you keep contact with her during the filing. Visit her often and send financial support. Plus there is a greater chance for an interview, so definitely accompany your wife to the interview. The burden to proof that the marriage is genuine is on you so definitely take the time to prepare your application yourself and then get a lawyer to look at it. Don't use a representative. Submit the application yourself.

 

[Happygirl21]

Hi i just want to ask if you push thru your application i have the same case. TIA

 

[carolbb23]

Hi, I am trying to understand why CIC is going to suspect that it was a divorce of convenience?
I applied through Express Entry and I had enough points (With/ Without spouse)
My wife does not have any medical conditions at all. I already did an upfront Medical Exam for the application purpose.
I submitted the divorce certificate while I applied for Express Entry as a Replacement of the marriage certificate (Which was submitted as well as I was in separation at the time of the application) when asked by CIC.
I have a plenty of pictures together. Phone conversations and etc.
How can I prove that the marriage is genuine? (I have marriage certificates etc.)

to cic and ircc it's red flags

 

[Copingwithlife]

More red flags than a communist parade going on here .
And people wonder why processing times are long, or why some applications go under closer scrutiny