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SPOUSE / FAMILY CLASS timeline MANILA Visa Office PHILIPPINES

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certifiedtofiluk101

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floydannie said:
my situation is very complicated.
My husband ex-wife is filipina and city Council in one of the city of ontario , he move out from their house because his ex-wife cheat on him and 2 days later he filed for divorce last summer of 2008, do you know what's his reason for the divorce? stress lng kasi ayaw nya mapahiya ang pamilya nla. I met him last oct 2009 as a friend thru online and we got develop into boyfriend/girlfriend stuff last summer of 2010 here in Philippines. He plan to marry me, and ask some advice of his lawyer, he found out d pala natapos yun separation ng ex-wife nya. So he finalize their divorce last Nov. 2010, at ayaw pa ng lawyer nya na mag asawa cya ulit baka daw na ground yan ng kanyang ex-wife na di nya makuha nong kalahati share nya sa bahay nla dahil ibigay nya ang share nya sa youngest daughter nla for college, ayaw kc suportahan ng kanyang ex-wife ang youngest nla for school. We got married last feb. 14, 2011. He wants me to be with him, so he sponsor me as spouse family class. Because of this complication and until now di pa nla na settle yung case nla kc pina delayed ng ex-wife nya ang settlement case. He hire a CIC lawyer from toronto at the same time para daw di madisturbo ang work nya. Do you think maapprove yung visa ko kahit d pa natapos ang case ng asawa ko at sa ex-wife nya? Kasalan ko ba kung bakit nagka komplikado?

I need your friendly and enlighten advice kc parang na guilty ako, parang i feel i'm one of the nakigulo. I love my husband, at nahihirapan ako pag nakikita ko syang malungkot. Please help me...... :(

@ Floydannie,

Very complicated nga ang case mo sis.

For as long as hinde pa granted and settled by law ang divorce na nafile ng husband mo sa ex-wife nya, technically and legally married pa din sila up to this day. Meaning to say ang kasal mo with your husband whether church or civil ay hindi kikilalaning legal sa Pilipinas at sa Canada.

Regarding naman sa Family class sponsorship,

You may apply as a Spouse if:

You are a spouse if you are married to your sponsor and your marriage is legally valid. If you were married in Canada:

•You must have a marriage certificate issued by the province or territory where the marriage took place.
If you were married outside Canada:

•The marriage must be valid under the law of the country where it took place and under Canadian law.
•A marriage performed in an embassy or consulate must comply with the law of the country where it took place, not the country of nationality of the embassy or consulate.

Common-law partner
You are a common-law partner—either of the opposite sex or same sex—if:

•you have been living together in a conjugal relationship for at least one year in a continuous 12-month period that was not interrupted. (You are allowed short absences for business travel or family reasons, however.)
You will need proof that you and your common-law partner have combined your affairs and set up a household together. This can be in the form of:

•joint bank accounts or credit cards
•joint ownership of a home
•joint residential leases
•joint rental receipts
•joint utilities (electricity, gas, telephone)
•joint management of household expenses
•proof of joint purchases, especially for household items or
•mail addressed to either person or both people at the same address.


Conjugal partner
This category is for partners—either of the opposite sex or same sex—in exceptional circumstances beyond their control that prevent them from qualifying as common-law partners or spouses by living together.

A conjugal relationship is more than a physical relationship. It means you depend on each other, there is some permanence to the relationship and there is the same level of commitment as a marriage or a common-law relationship.

You may apply as a conjugal partner if:

•you have maintained a conjugal relationship with your sponsor for at least one year and you have been prevented from living together or marrying because of:
◦an immigration barrier
◦your marital status (for example, you are married to someone else and living in a country where divorce is not possible) or
◦your sexual orientation (for example, you are in a same-sex relationship and same-sex marriage is not permitted where you live)
•you can provide evidence there was a reason you could not live together (for example, you were refused long-term stays in each other’s country).
You should not apply as a conjugal partner if:

•You could have lived together but chose not to. This shows that you did not have the level of commitment required for a conjugal relationship. (For example, one of you may not have wanted to give up a job or a course of study, or your relationship was not yet at the point where you were ready to live together.)
•You cannot provide evidence there was a reason that kept you from living together.
•You are engaged to be married. In this case, you should either apply as a spouse once the marriage has taken place or apply as a common-law partner if you have lived together continuously for at least 12 months.


Relationships that are not eligible
You cannot be sponsored as a spouse, a common-law partner or a conjugal partner if:

•you are under 16 years of age
•you (or your sponsor) were married to someone else at the time of your marriage
•you have lived apart from your sponsor for at least one year and either you (or your sponsor) are the common-law or conjugal partner of another person
•your sponsor immigrated to Canada and, at the time they applied for permanent residence, you were a family member who should have been examined to see if you met immigration requirements, but you were not examined or
•your sponsor previously sponsored another spouse, common-law partner or conjugal partner, and three years have not passed since that person became a permanent resident.

You make sure na ang consultant agency na kinuha ng husband mo ay canadian immigration lawyer din para alam nya kung paano nya magagawan ng paraan yang case nyo. Malalaman at malalaman ng Canadian Embassy ang mga issues kase they conduct their own background checks sa sponsor at person being sponsored.

Kung ako ang nasa situation nyo hanggat maaga pa iwithraw ko na lang muna ang application at aantayin ko muna ang official divorce certificate ng husband ko at saka ako magpapakasal ulit. Sayang ang panahon at pera na gagastusin na wala naman palang kapupuntahan.

Good luck ulit at discuss nyo maigi sa isang canadian immigration lawyer ang totoong case nyo para matulungan nya kayo.

=)
 

floydannie

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Jun 25, 2011
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dorisiana said:
hi po! reading about your situation, medyo mahirap nga po ang case mo, you really need the help of a good lawyer.. hmmm sa nababasa ko sa ibang threads, mahirap yung ganyan kasi hihingan ka ng mga proof na settled na yung divorce ng asawa mo sa ex-wife nya para maging legal yung pagiging mag-asawa nyo at yung pagpunta mo sa canada.. so baka maging hindrance yun para mabigyan ka ng visa.. sorry.. yun lang po yung alam ko, pero baka may iba pang forumers na may alam na ibang solution sa problem mo.. goodluck!
dorisiana said:
hi po! reading about your situation, medyo mahirap nga po ang case mo, you really need the help of a good lawyer.. hmmm sa nababasa ko sa ibang threads, mahirap yung ganyan kasi hihingan ka ng mga proof na settled na yung divorce ng asawa mo sa ex-wife nya para maging legal yung pagiging mag-asawa nyo at yung pagpunta mo sa canada.. so baka maging hindrance yun para mabigyan ka ng visa.. sorry.. yun lang po yung alam ko, pero baka may iba pang forumers na may alam na ibang solution sa problem mo.. goodluck!

@dorisiana
you're right, di ko lng sinabi kay mister na nahihirapan na ako sa sitwasyon namin. His lawyer said na valid daw yung immigration lawyer namin as in recommended at chine-check ko ang background at membership # nya sa CSIC (Canadian Society of Immigration Consultants) which is true.
Na dissolved or divorce na cla ng ex-wife nya took effect on Nov. 2010, may original certification ang mister ko kc required sa kasal namin. My biggest fear is baka ma-issue yung sa bahay nla at baka ma bad record cya sa kanyang financial status, kc pina hold nya thru sa lawyer ang account nila nung mag asawa pa cla, over maximum na kc sa limit nung dalawang credit card na ginamit sa ex-wife nya para di magamit ulit. If the house is sold, dun na mabayaran ang lahat ng utang ng credit card sa ex-wife nya. Tapos hatiin nla kung may sobra at ipadala sa youngest nya yung share ni mister. Pero hanggang ngayon hearing pa rin sa korte tungkol dyan. Sana......sana.....sana....na maraming sana na matapos na ang hearing na yan, nkaka stress at pressured na sa amin. "If worse comes to worst", dyan na mag step in yung mother ng mister ko, cya na ang bahala sa lahat ng expenses. Pasalamat nga ako na very supportive yung mother-in-law ko. Wish me luck guys and thank you very much,,,
 

floydannie

Hero Member
Jun 25, 2011
220
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eeyore said:
@ floydannie

nakapasa na ba as sponsor yung asawa mo
@eeyore
di ko pa alam, nagpatulong lng po kami sa immigration lawyer namin sa toronto. Wish me luck guys and thank you very much.......
 

floydannie

Hero Member
Jun 25, 2011
220
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Job Offer........
Pre-Assessed..
certifiedtofiluk101 said:
@ Floydannie,

Very complicated nga ang case mo sis.

For as long as hinde pa granted and settled by law ang divorce na nafile ng husband mo sa ex-wife nya, technically and legally married pa din sila up to this day. Meaning to say ang kasal mo with your husband whether church or civil ay hindi kikilalaning legal sa Pilipinas at sa Canada.

Regarding naman sa Family class sponsorship,

You may apply as a Spouse if:

You are a spouse if you are married to your sponsor and your marriage is legally valid. If you were married in Canada:

•You must have a marriage certificate issued by the province or territory where the marriage took place.
If you were married outside Canada:

•The marriage must be valid under the law of the country where it took place and under Canadian law.
•A marriage performed in an embassy or consulate must comply with the law of the country where it took place, not the country of nationality of the embassy or consulate.

Common-law partner
You are a common-law partner—either of the opposite sex or same sex—if:

•you have been living together in a conjugal relationship for at least one year in a continuous 12-month period that was not interrupted. (You are allowed short absences for business travel or family reasons, however.)
You will need proof that you and your common-law partner have combined your affairs and set up a household together. This can be in the form of:

•joint bank accounts or credit cards
•joint ownership of a home
•joint residential leases
•joint rental receipts
•joint utilities (electricity, gas, telephone)
•joint management of household expenses
•proof of joint purchases, especially for household items or
•mail addressed to either person or both people at the same address.


Conjugal partner
This category is for partners—either of the opposite sex or same sex—in exceptional circumstances beyond their control that prevent them from qualifying as common-law partners or spouses by living together.

A conjugal relationship is more than a physical relationship. It means you depend on each other, there is some permanence to the relationship and there is the same level of commitment as a marriage or a common-law relationship.

You may apply as a conjugal partner if:

•you have maintained a conjugal relationship with your sponsor for at least one year and you have been prevented from living together or marrying because of:
◦an immigration barrier
◦your marital status (for example, you are married to someone else and living in a country where divorce is not possible) or
◦your sexual orientation (for example, you are in a same-sex relationship and same-sex marriage is not permitted where you live)
•you can provide evidence there was a reason you could not live together (for example, you were refused long-term stays in each other's country).
You should not apply as a conjugal partner if:

•You could have lived together but chose not to. This shows that you did not have the level of commitment required for a conjugal relationship. (For example, one of you may not have wanted to give up a job or a course of study, or your relationship was not yet at the point where you were ready to live together.)
•You cannot provide evidence there was a reason that kept you from living together.
•You are engaged to be married. In this case, you should either apply as a spouse once the marriage has taken place or apply as a common-law partner if you have lived together continuously for at least 12 months.


Relationships that are not eligible
You cannot be sponsored as a spouse, a common-law partner or a conjugal partner if:

•you are under 16 years of age
•you (or your sponsor) were married to someone else at the time of your marriage
•you have lived apart from your sponsor for at least one year and either you (or your sponsor) are the common-law or conjugal partner of another person
•your sponsor immigrated to Canada and, at the time they applied for permanent residence, you were a family member who should have been examined to see if you met immigration requirements, but you were not examined or
•your sponsor previously sponsored another spouse, common-law partner or conjugal partner, and three years have not passed since that person became a permanent resident.

You make sure na ang consultant agency na kinuha ng husband mo ay canadian immigration lawyer din para alam nya kung paano nya magagawan ng paraan yang case nyo. Malalaman at malalaman ng Canadian Embassy ang mga issues kase they conduct their own background checks sa sponsor at person being sponsored.

Kung ako ang nasa situation nyo hanggat maaga pa iwithraw ko na lang muna ang application at aantayin ko muna ang official divorce certificate ng husband ko at saka ako magpapakasal ulit. Sayang ang panahon at pera na gagastusin na wala naman palang kapupuntahan.

Good luck ulit at discuss nyo maigi sa isang canadian immigration lawyer ang totoong case nyo para matulungan nya kayo.

=)
@ certifiedtofiluk101

oo nga eh, nkaka stress...
Granted na po yung divorce ng mister ko sa ex-wife nya, di kasi kami pwedeng magpakasal pag walang permission galing sa Canadian Embassy sa Makati kung walang cert. of divorce, required kasi sa embassy at sa kasal namin yung cert. na yan. In fact may copy na kami ng Marriage Cert. galing sa NSO kulang na lng ang AOM. Wala naman question ang immigration lawyer namin sa mga papers na hiningi nya sa amin. Here is my papers he ask from me na pinadala ko na sa office nla sa toronto thru fed ex: Birth Cert. from NSO, passport, Marriage Cert from NSO, proof relationship, nbi clearance, copy 2 of medical examination at immigration photos. Sa papers ng mister ko: canadian birth cert and canadian passport, option c printout of the notice of assessment for the most taxation year, original letter from his current employer at divorce cert. Ang consultant agaency namin ay registered at chine-check ko ang background nya with his membership id# which is true. Sana walang aberya. "If worse comes to worst", dyan na mag step in yung mother ng mister ko, cya na ang bahala sa lahat ng expenses. Pasalamat nga ako na very supportive yung mother-in-law ko. Wish me luck guys and thank you very much,,,
 

eeyore

Hero Member
Aug 20, 2010
276
0
Category........
Visa Office......
Manila
Job Offer........
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press mo ung name kotapos scroll down mo makikita mo send message:)
 

asitoja

Hero Member
Sep 4, 2010
219
10
Category........
Visa Office......
Manila
NOC Code......
3152
Job Offer........
Pre-Assessed..
App. Filed.......
23-03-2010
Doc's Request.
01-06-2010
AOR Received.
02-07-10
File Transfer...
06-09-10
Med's Request
25-08-10
Med's Done....
20-09-10, 29-09-10
Interview........
Waived
Passport Req..
09-11-10
VISA ISSUED...
03-25-11
LANDED..........
04-19-11
Hi, my application for Family Sponsorship was received by CPC-Missasagua on May 30, 2011, I'm just wondering how to check about its status, will I received a letter or email about this?
 

January

Star Member
Mar 23, 2011
194
1
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asitoja said:
Hi, my application for Family Sponsorship was received by CPC-Missasagua on May 30, 2011, I'm just wondering how to check about its status, will I received a letter or email about this?
yes, you'll receive a reply from them if you have been approved as a sponsor or not... give it until the second week of July or maybe earlier than that... :)
 

asitoja

Hero Member
Sep 4, 2010
219
10
Category........
Visa Office......
Manila
NOC Code......
3152
Job Offer........
Pre-Assessed..
App. Filed.......
23-03-2010
Doc's Request.
01-06-2010
AOR Received.
02-07-10
File Transfer...
06-09-10
Med's Request
25-08-10
Med's Done....
20-09-10, 29-09-10
Interview........
Waived
Passport Req..
09-11-10
VISA ISSUED...
03-25-11
LANDED..........
04-19-11
Thank you :)
January said:
yes, you'll receive a reply from them if you have been approved as a sponsor or not... give it until the second week of July or maybe earlier than that... :)
 

crazypink17

Star Member
Jun 9, 2011
74
0
Niagara Falls, Ontario
Job Offer........
Pre-Assessed..
App. Filed.......
March 8, 2011
AOR Received.
April 12, 2011
File Transfer...
April 19, 2011
Passport Req..
April 27, 2011
VISA ISSUED...
God is in process...In His time
Good day mga ka family!!!! :D

New week, another 7 days to look forward!

Good luck to all of us, sana my mga mag DM nanaman this week!

Lets keep on praying guys, the Lord will answer in His perfect time :)
;)
 

kryng

Newbie
Jun 26, 2011
8
0
Job Offer........
Pre-Assessed..
App. Filed.......
16-05-2011
AOR Received.
15-06-2011
Med's Done....
25-04-2011
hello po. I am new here. need help lan po sana. checked our e-cas kasi, and DM na status ko, kaso, I noticed yung middle name ng mom ko ang nkalagay na middle name. Will this matter po? ang sabi kasi ifoforward sya sa manila office. is there a chance na dun na nila i-update yung name ko?
 

mark1128

Star Member
Oct 9, 2009
122
0
Winnipeg, MB
Category........
Visa Office......
MANILA
Job Offer........
Pre-Assessed..
App. Filed.......
26-04-2011
Doc's Request.
22-06-2011
File Transfer...
26-05-2011
Med's Done....
07-04-2011
Passport Req..
22-06-2011
Hi ask ko lng po dito kung my ngsubmit ng Voter's Certificate from Comelec main office na nklgay is "NO RECORDS" ok lang kaya yun? Kasi 2 consecutive na election n hindi ngvote.. thanks
 

miga-quatchi

Hero Member
Mar 22, 2011
374
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Category........
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Manila
Job Offer........
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App. Filed.......
04 Apr 11
Doc's Request.
08 Jun 11 (AAF sent)
AOR Received.
07 Jun 11 (w/ PPR)
File Transfer...
20 May 11
Med's Request
09 Jun 11 (CEM rcvd)
Med's Done....
24 Mar 11
Passport Req..
08 Jun 11 (PP sent)
VISA ISSUED...
25 Jul (Aug4 recvd)
LANDED..........
13 Aug 11
kryng said:
hello po. I am new here. need help lan po sana. checked our e-cas kasi, and DM na status ko, kaso, I noticed yung middle name ng mom ko ang nkalagay na middle name. Will this matter po? ang sabi kasi ifoforward sya sa manila office. is there a chance na dun na nila i-update yung name ko?
I think DM status is for the sponsor, right.
Wait until CEM received ur application. They will post the applicant name as per filled-up application doc. Meaning, that's the chance na CEM will update/correct ur name.
 

kryng

Newbie
Jun 26, 2011
8
0
Job Offer........
Pre-Assessed..
App. Filed.......
16-05-2011
AOR Received.
15-06-2011
Med's Done....
25-04-2011
That's such a relief miga-quatchi :) yup, I opened my husband's E-cas, and saw na ganun nga, mali yung middle name. Npansin ko kasi na sa ibang applicants, may dalawang DM nkalagay sa timeline nila. SOrry, confused tuloy ako. So, yung sa E-cas sa husband ko? then iba din yung thru mail from CEM? yun yung sa akin? thru wat courier po usually ngsesend yung embassy dito sa pinas?
 

blestcheche

Hero Member
Feb 17, 2009
207
4
124
British Columbia, Canada
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floydannie

did your husband sponsored the ex-wife? if not, then you do not have anything to worry about for as long as granted na yung divorce. Kasi regardless kung may properties disputes or separation ng property good to go na sya to worry someone as the divorced has been finalized.

now, if the ex-wife has been sponsored, then you have know if release na sya dun sa sponsorship undertaking.