The CRAZY CBSA officer thinks my wife is married already!!

[k.h.p.]

And *nothing* changes the facts that:

a) IRCC is of the opinion that the OP's wife is already married
b) They have demanded proof that she isn't, particularly from South Korea
c) That's really hard to do
d) Korea makes it a criminal offence to hand out personal info in most cases - police certificates are an example
e) without knowing exactly why IRCC thinks OP's wife is married, it's hard to prove she isn't. Though if she were living in Korea at the time in question with (an abusive) ex-boyfriend, she may be able to obtain some kind of personal records on herself, unless she was a tourist
f) OP needs a lawyer.

 

[his*marty]

Does SK recognize co-habiting couples as common-law or similar? My ex common-law partner dug around to tell me that my marriage is not valid because we were in a common-law partnership and we didn't have a legal separation - therefore my marriage to my now husband cannot be legal.

 

[k.h.p.]

Does SK recognize co-habiting couples as common-law or similar? My ex common-law partner dug around to tell me that my marriage is not valid because we were in a common-law partnership and we didn't have a legal separation - therefore my marriage to my now husband cannot be legal.

Unless the law in your jursidiction *OR* in the place you were married states that common-law marriages need to be registered as separated, this is incorrect.

 

[his*marty]

Unless the law in your jursidiction *OR* in the place you were married states that common-law marriages need to be registered as separated, this is incorrect.

I don't even know, to be honest... this is in Canada. But, our common law was never registered or "de-registered" lol.

 

[k.h.p.]

I don't even know, to be honest... this is in Canada. But, our common law was never registered or "de-registered" lol.

Yeah, you don't need to "deregister" a common-law relationship. Your ex is gaslighting you.

 

[armoured]

Your hypothesizing, while fun to read, doesn't change the fact that if a marriage is validly entered into in another country - whether it be a civil marriage or a religious marriage or just, I don't know, chanting "It's a small world after all" sixteen times - if it meets the laws of the other country and is done physically in person with the presence of both parties to the marriage - Canada will recognize it.

A marriage validly entered into in Djibouti doesn't need to meet BC's legal standards of marriage. Canada accepts it on the face of it unless it (a) was a proxy marriage or (b) was not entered into in a way that is in accordance with the laws in the foreign jurisdiction.

As such, Canada will recognize plenty of religious marriages where they are not legally required to be done in a civil manner. Proving that a marriage meets legal requirements is another question, particularly if the religious ceremony doesn't produce a certificate or other document.

I believe I was clear that my comments pertained only to (purely) religious marriages in Canada.

Yes, a marriage considered legally valid in another jurisdiction - religious or civil - is generally valid in Canada.

Purely religious marriages (without the civil part) performed in Canada are basically not valid.

 

[nayr69sg]

https://www.thekoreanlawblog.com/20...ize common law marriage.&text=abroad (comity).

Korean Common Law Marriage (De Facto Marriage in Korea) Situations
A De Facto Marriage is recognized by a Korean Court, typically, in three different basic situations:

1. The couple has publicized, announced or otherwise outwardly showed their relationship is akin to a marriage;
2. The couple had a formal public wedding ceremony; or
3. The couple lived together as a married couple.

 

[his*marty]

https://www.thekoreanlawblog.com/2020/07/korean-common-law-marriage-korea.html#:~:text=While the concept of a,States recognize common law marriage.&text=abroad (comity).

Korean Common Law Marriage (De Facto Marriage in Korea) Situations
A De Facto Marriage is recognized by a Korean Court, typically, in three different basic situations:

1. The couple has publicized, announced or otherwise outwardly showed their relationship is akin to a marriage;
2. The couple had a formal public wedding ceremony; or
3. The couple lived together as a married couple.

So, this could be their basis of saying she is married, perhaps?

 

[nayr69sg]

https://www.canadainternational.gc....es_consulaires/marriage-mariage.aspx?lang=eng

Getting married in Korea
Introduction
If you wish to get married while in Korea you can obtain a civil marriage under Korean law. Marriage is a civil procedure in Korea, and performing a religious ceremony only does not constitute a legal marriage. For your marriage to be legally recognized in Korea and hence, legally recognized in Canada, you and your fiancé (e) must be free to marry, must report and register your marriage to the appropriate civil authorities.

You cannot get married at a Canadian embassy or consulate. Canadian consular officials do not perform marriage ceremonies, and they do not have to attend a marriage ceremony in a foreign country. Marriages that are legally performed in a foreign country are usually valid in Canada, and you do not need to register them in Canada. While consular officials are not authorized to perform marriage ceremonies, we can, however, notarize necessary documents for a civil marriage in Korea.

 

[nayr69sg]

So, this could be there basis of saying she is married, perhaps?

That's what I was thinking initially.

But then the Canadian side says

"For your marriage to be legally recognized in Korea and hence, legally recognized in Canada, you and your fiancé (e) must be free to marry, must report and register your marriage to the appropriate civil authorities."

Which is pretty strict.

If IRCC says that they think the OP's fiance was married before it probably means the fiance did register the marriage to appropriate civil authorities.

Put it this way.

Either IRCC is lying and falsifying evidence or the OP's fiance is having selective amnesia.

No offense to the OP. But I am just looking at it from a very objective point of view. Could it be that your fiance has truly forgotten about the document she signed with her abusive ex partner?

There have been quite a few cases of partners not knowing each other all too well (especially their past lives). Many women come here to complain that their husbands they married and sponsored for Canadian PR were actually married in India and "they did not know". And the married husband got away with the lies and deceit and got their PR much to the chagrin of the exploited new spouse. Makes us wonder what kind of work IRCC does in screening for such fraud cases.

So such cases are relatively common.

 

[k.h.p.]

So, this could be there basis of saying she is married, perhaps?

No. Because it's a common-law marriage and not registered in court, so she couldn't get a divorce decree from it, which is what IRCC asked.

We can't just imagine that IRCC interpreted a common-law relationship to be a legal marriage, because you can generally not get documentation that says that a common-law relationship ended.

 

[k.h.p.]

That's what I was thinking initially.

But then the Canadian side says

"For your marriage to be legally recognized in Korea and hence, legally recognized in Canada, you and your fiancé (e) must be free to marry, must report and register your marriage to the appropriate civil authorities."

Which is pretty strict.

If IRCC says that they think the OP's fiance was married before it probably means the fiance did register the marriage to appropriate civil authorities.

Put it this way.

Either IRCC is lying and falsifying evidence or the OP's fiance is having selective amnesia.

No offense to the OP. But I am just looking at it from a very objective point of view. Could it be that your fiance has truly forgotten about the document she signed with her abusive ex partner?

There have been quite a few cases of partners not knowing each other all too well (especially their past lives). Many women come here to complain that their husbands they married and sponsored for Canadian PR were actually married in India and "they did not know".

So such cases are relatively common.

No, because a "de facto" marriage is a common-law marriage, and not a legal marriage that would have documentation. It would be recognized as a common-law relationship, but IRCC asked for documentation related to a marriage.

 

[nayr69sg]

No, because a "de facto" marriage is a common-law marriage, and not a legal marriage that would have documentation. It would be recognized as a common-law relationship, but IRCC asked for documentation related to a marriage.

Correct. Which means that IRCC either found documentation that OP's fiance was married before (de jure) or IRCC (officers and staff) is lying and falsifying evidence.

Which is more likely? OP suggests it is the latter. Although with CSIS being involved that might be possible as a ruse to deny them their application.

I think the only way for OP to proceed is to have his fiance contact the ex partner and formalize a divorce by agreement (uncontested). Takes about 30 days if no children.

In the even the ex does no agree there are other options but are more complicated.

https://10mag.com/how-to-get-a-divorce-in-south-korea-guide/

Once you have that divorce paper then IRCC cannot use the same reason to deny the application. If something else comes up then maybe it is a CSIS thing.

 

[JohnCana123]

Correct. Which means that IRCC either found documentation that OP's fiance was married before (de jure) or IRCC (officers and staff) is lying and falsifying evidence.

Which is more likely? OP suggests it is the latter. Although with CSIS being involved that might be possible as a ruse to deny them their application.

I think the only way for OP to proceed is to have his fiance contact the ex partner and formalize a divorce by agreement (uncontested). Takes about 30 days if no children.

In the even the ex does no agree there are other options but are more complicated.

https://10mag.com/how-to-get-a-divorce-in-south-korea-guide/

Once you have that divorce paper then IRCC cannot use the same reason to deny the application. If something else comes up then maybe it is a CSIS thing.

Just because CIC says something doesn’t make it a fact. It’s possible they made an error concluding that OP’s spouse is married. At this time we don’t know how they arrived at that conclusion. Either way, you can’t get a divorce if you were never married and OP is adamant his wife has never been married. Also getting a divorce decree now would not help them because OP would not be considered a member of the family class if his sponsor was married to someone else at the time they got married.

I don’t understand why people are suggesting that OP’s wife get back into contact with her severely abusive ex as he has been described, or what makes people think her abusive ex will jump at the chance to help her sponsor her current partner.

 

[k.h.p.]

Just because CIC says something doesn’t make it a fact. It’s possible they made an error concluding that OP’s spouse is married. At this time we don’t know how they arrived at that conclusion. Either way, you can’t get a divorce if you were never married and OP is adamant his wife has never been married. Also getting a divorce decree now would not help them because OP would not be considered a member of the family class if his sponsor was married to someone else at the time they got married.

I don’t understand why people are suggesting that OP’s wife get back into contact with her severely abusive ex as he has been described, or what makes people think her abusive ex will jump at the chance to help her sponsor her current partner.

Agreed!

This is why a lawyer (already hired, per OP's earlier posts) needs to get GCMS notes (already requested) while at the same time reaching out to IRCC's program manager (because you want an immigration lawyer who will have this contact info) to figure out what can be done and why IRCC is making this request.

The OP's wife need not contact an abusive ex.