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

[nayr69sg]

Here's my honest two cents... This sort of stuff is usually found during background checks. IRCC doesn't just guess that someone is married. They determine this based on actual documentation. I think your wife needs to think back to those four years and really rack her brain if there is any legal document where she may have listed herself as married (tax return, property or rental agreement, something employment related, etc.).

How long do you have to respond?

I trust info from scylla.

I was trying to see if Korea could be where de facto marriage become de jure marriage. Hence the mistake. It could still be an IRCC mistake of course

But then the Canadian website information supports what scylla wrote. Which doesn't make sense to make such a glaring mistake.

Anyway for the OP I truly hope that it is a case of IRCC making a mistake.

Wish you all the best.

 

[GandiBaat]

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.

There is more complexity here. What consists of a proof of never married in Korea for a foreign national? IRCC wants divorce papers from everywhere including S. Korea. She is not married in the first place. So how she goes about proving that she is not married in the first place ANYWHERE including Korea?

BTW, one more thing. How can a person proved that they travelled to these many countries only in a given timeframe. Not all countries offer an entry or exit stamp on passport. And not all countries share the entry and exit data among each other. I know for a fact that Australia no longer gives an entry or exit stamp UNLESS you specifically ask for it and it happened with me in 2013. I wanted to keep a proof of my Australia visit for activating my Australian PR. I had to specially ASK them to put a stamp on my passport both at entry and at exit. They told me that they don't do it usually anymore. Many countries these days are keeping their records electronically in a database. So how do I prove that I only visited these many countries and hence I need to prove that my marriage has no legal trace in these countries and hence I am not married anywhere?

This is an almost impossible burden of proof!

 

[k.h.p.]

There is more complexity here. What consists of a proof of never married in Korea for a foreign national? IRCC wants divorce papers from everywhere including S. Korea. She is not married in the first place. So how she goes about proving that she is not married in the first place ANYWHERE including Korea?

BTW, one more thing. How can a person proved that they travelled to these many countries only in a given timeframe. Not all countries offer an entry or exit stamp on passport. And not all countries share the entry and exit data among each other. I know for a fact that Australia no longer gives an entry or exit stamp UNLESS you specifically ask for it and it happened with me in 2013. Many countries these days are keeping their records electronically in a database. So how do I prove that I only visited these many countries and hence I need to prove that my marriage has no legal trace in these countries and hence I am not married anywhere?

This is an almost impossible burden of proof!

Did you read my C)?

 

[GandiBaat]

Did you read my C)?

Yup. And I agree. I do further submit that it may not just be hard, it may be practically impossible.

The only practical way is cross examination of evidence which IRCC has as that would reduce the burden of proof. Then they have to just prove that IRCC is (hopefully!) misinterpreting whatever they have on her.

I pray that the GCMS notes shed some light on the situation.

 

[nayr69sg]

There is more complexity here. What consists of a proof of never married in Korea for a foreign national? IRCC wants divorce papers from everywhere including S. Korea. She is not married in the first place. So how she goes about proving that she is not married in the first place ANYWHERE including Korea?

BTW, one more thing. How can a person proved that they travelled to these many countries only in a given timeframe. Not all countries offer an entry or exit stamp on passport. And not all countries share the entry and exit data among each other. I know for a fact that Australia no longer gives an entry or exit stamp UNLESS you specifically ask for it and it happened with me in 2013. I wanted to keep a proof of my Australia visit for activating my Australian PR. I had to specially ASK them to put a stamp on my passport both at entry and at exit. They told me that they don't do it usually anymore. Many countries these days are keeping their records electronically in a database. So how do I prove that I only visited these many countries and hence I need to prove that my marriage has no legal trace in these countries and hence I am not married anywhere?

This is an almost impossible burden of proof!

Maybe keeping the airplane ticket stubs? Receipt information on the airline booking?

 

[his*marty]

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.

Right, I understand... but being common law they were potentially filling out forms "married" somewhere along the lines, in particular as was suggested entering Canada. I've filled forms that only gave options: single, married, divorced, widowed. As common law i would choose married just because by law we were all but, on paper.

 

[nayr69sg]

Right, I understand... but being common law they were potentially filling out forms "married" somewhere along the lines, in particular as was suggested entering Canada. I've filled forms that only gave options: single, married, divorced, widowed. As common law i would choose married just because by law we were all but, on paper.

Good point!

@scylla how does IRCC look at it if say they found some document the applicant filled when entering Canada where they ticked "married" but the applicant was really only common law and never registered marriage ie de facto marriage?


Specifically in this instance if the wife was common law in Korea and has no de jure marriage in Korea but indicated "married" on a travel document when entering Canada would that be something that IRCC would ask for documentation to prove that a divorce had ended that de facto marriage?

It is said that Korea does not provide personal info.

So could it be that all IRCC has is the document with the "married" ticked off but nothing from Korea?

 

[canuck78]

Impossible because of privacy laws. They broke up in 2016. Obviously she will never contact him he was not a good person to start with. The only reason she remembered his name is because she asked a bunch of her friends if they could remember what his name was. No way to contact him she does not have his email or phone number or even remember where his parents live. There was no tax documents filed, at least not that she was aware of, if there was it was all in his language and his country.

She lived with him for 4 years and didn't remember his name??? Has no idea where his family lives although they visited??? That makes no sense. I have some concerns there might be more to this story. You can search for people on the internet. If she doesn't feel comfortable I suggested you contact him.

 

[AutumnSkies]

She lived with him for 4 years and didn't remember his name??? Has no idea where his family lives although they visited??? That makes no sense. I have some concerns there might be more to this story. You can search for people on the internet. If she doesn't feel comfortable I suggested you contact him.

I’ve actually been thinking the same thing since I came upon this thread. I feel like the OP really needs to have a long talk with his wife as there are just too many ‘I don’t knows’ and ‘I don’t remembers’ or ‘I’m not sures’ to things that should have a fairly straightforward answer or wouldn’t have been forgotten so easily.

Those answers are needed before he can really proceed much further.

 

[helpwhattheheck]

GOOD NEWS!!!!!!
We both, including my wives friends in Canada, her father and step father all wrote sworn testimonies that she was not married, included that in a pack of documents the lawyer sent.
Next day (Today)

GOT THIS RESPONSE
"It has been determined that you meet the eligibility requirements to apply for permanent
residence as a member of the Spouse or Common-Law Partner in Canada class.
"

Now I can apply for an open work permit it says in this letter.
This is good right?! This means things moving forward. What is left???

It says: "that a final decision will not be made until all remaining requirements for becoming a permanent
resident have been met. These requirements include medical, security and background checks for
you and, if applicable, all of your family members, both in Canada and abroad, even if they are
not applying to join you in Canada at this time."

One of the first things we did was a medical, finger print test and we did the CSIS interview...does this mean we do it again or....

Oh wow we are jumping for joy right now so happy to see this good response so fast. We were so scared but now we see this it seems like things are going great! Can anyone tell us whats happening next.

 

[nayr69sg]

GOOD NEWS!!!!!!
We both, including my wives friends in Canada, her father and step father all wrote sworn testimonies that she was not married, included that in a pack of documents the lawyer sent.
Next day (Today)

GOT THIS RESPONSE
"It has been determined that you meet the eligibility requirements to apply for permanent
residence as a member of the Spouse or Common-Law Partner in Canada class.
"

Now I can apply for an open work permit it says in this letter.
This is good right?! This means things moving forward. What is left???

It says: "that a final decision will not be made until all remaining requirements for becoming a permanent
resident have been met. These requirements include medical, security and background checks for
you and, if applicable, all of your family members, both in Canada and abroad, even if they are
not applying to join you in Canada at this time."

One of the first things we did was a medical, finger print test and we did the CSIS interview...does this mean we do it again or....

Oh wow we are jumping for joy right now so happy to see this good response so fast. We were so scared but now we see this it seems like things are going great! Can anyone tell us whats happening next.

I think it is best you ask your lawyer. Looks like they did a good job helping you.

Congrats!

 

[Canada2020eh]

GOOD NEWS!!!!!!
We both, including my wives friends in Canada, her father and step father all wrote sworn testimonies that she was not married, included that in a pack of documents the lawyer sent.
Next day (Today)

GOT THIS RESPONSE
"It has been determined that you meet the eligibility requirements to apply for permanent
residence as a member of the Spouse or Common-Law Partner in Canada class.
"

Now I can apply for an open work permit it says in this letter.
This is good right?! This means things moving forward. What is left???

It says: "that a final decision will not be made until all remaining requirements for becoming a permanent
resident have been met. These requirements include medical, security and background checks for
you and, if applicable, all of your family members, both in Canada and abroad, even if they are
not applying to join you in Canada at this time."

One of the first things we did was a medical, finger print test and we did the CSIS interview...does this mean we do it again or....

Oh wow we are jumping for joy right now so happy to see this good response so fast. We were so scared but now we see this it seems like things are going great! Can anyone tell us whats happening next.

Congrats. Great to hear, looks like that will put the whole issue to rest. Still a puzzle how it all started in the first place.

 

[GandiBaat]

GOOD NEWS!!!!!!
We both, including my wives friends in Canada, her father and step father all wrote sworn testimonies that she was not married, included that in a pack of documents the lawyer sent.
Next day (Today)

GOT THIS RESPONSE
"It has been determined that you meet the eligibility requirements to apply for permanent
residence as a member of the Spouse or Common-Law Partner in Canada class.
"

Now I can apply for an open work permit it says in this letter.
This is good right?! This means things moving forward. What is left???

It says: "that a final decision will not be made until all remaining requirements for becoming a permanent
resident have been met. These requirements include medical, security and background checks for
you and, if applicable, all of your family members, both in Canada and abroad, even if they are
not applying to join you in Canada at this time."

One of the first things we did was a medical, finger print test and we did the CSIS interview...does this mean we do it again or....

Oh wow we are jumping for joy right now so happy to see this good response so fast. We were so scared but now we see this it seems like things are going great! Can anyone tell us whats happening next.

Alls well if it ends well. Your immigration case is somewhat of a rat's nest. There are many un-answered question but if it working out for you then I am happy for you and I guess everyone here will be too. Best wishes!

 

[canuck78]

GOOD NEWS!!!!!!
We both, including my wives friends in Canada, her father and step father all wrote sworn testimonies that she was not married, included that in a pack of documents the lawyer sent.
Next day (Today)

GOT THIS RESPONSE
"It has been determined that you meet the eligibility requirements to apply for permanent
residence as a member of the Spouse or Common-Law Partner in Canada class.
"

Now I can apply for an open work permit it says in this letter.
This is good right?! This means things moving forward. What is left???

It says: "that a final decision will not be made until all remaining requirements for becoming a permanent
resident have been met. These requirements include medical, security and background checks for
you and, if applicable, all of your family members, both in Canada and abroad, even if they are
not applying to join you in Canada at this time."

One of the first things we did was a medical, finger print test and we did the CSIS interview...does this mean we do it again or....

Oh wow we are jumping for joy right now so happy to see this good response so fast. We were so scared but now we see this it seems like things are going great! Can anyone tell us whats happening next.

I would still be prepared that this could still be an issue depending on what documents were sent and what the evidence was. Sworn statements from friends and family are not considered very good evidence because they are only so reliable. There have been marriages without friends and family being aware and unfortunately some do lie on sworn statements. Other documents are better proof like tax returns, ID documents, previous immigration applications, etc. That may have been included in the documents your lawyer sent. It still comes down to why they thought she had been married. If your wife claims she can't even remember the name of her ex she may have forgotten other things. If you applied inland you could have submitted an OWP when you applied. If you applied outland you don't qualify for an OWP. Would order GCMS notes to see where you are in the process. I am surprised that you would have had a CSIS interview before it was determined that your wife was eligible to sponsor you.

 

[GandiBaat]

I am surprised that you would have had a CSIS interview

I would be slightly nervous about CSIS at all figuring in any of my affairs especially after what you told in this thread. But I guess his eligibility is unrelated to CSIS being involved. I guess, as a part of new push for finishing family/spouse sponsorship application backlog, they are parallelizing their workflow. God only knows what else is there.

Anyways, if you can, please look at my thread https://www.canadavisa.com/canada-i.../study-permit-for-in-canada-applicant.714635/ .