WHAT'S YOUR APPROACH OF LOGIC VS FACT!!!

[Naomi39]

Hi guys.

I have a question and everyone is free to express themselves.

My file is in the second stage and at the last stage. I am with the Nairobi CHC. When my husband married his 1st wife in our home country(DRC):

1st Marriage was by Procuration in 08/july/2010, he submited everything to Nairobi 12/11/2010.
3 months later that woman conceived from another man and my husband cancelled that sponsorship on 05/04/2011
but he never got a divorce certificate before he marry me because his first wife did not want to sign it.

Now

2nd Marriage is mine. He married me on 29/06/2012, he came down here to marry me unlike the first one which he only wrote a letter from canada to Congo and one of his brother represented him. We got married on that date I gave you.
When he file my sponsorship to Mississuaga ON He wrote a letter and certified at the Police that He cancelled his first marrige and he was approved to be by sponsor. in the second stage the visa post did everything and ask for my passport but they sent to both of us an email asking my hubby his divorce certificate before they issue the visa since it is ready.

HERE IS MY QUESTION. his divorce certificate has a date of 19/12/2012 but our marriage was 29/06/2012, could this geopardize the visa that they are about to deliver? Please help!!!!

 

[Rob_TO]

As far as I know, in order for a marriage to be legal you can't be married to another person. Since the divorce wasn't finalized until 19/12/2012, then at the time of your marriage he was still technically married to his first wife. So the marriage to you would not be legal or valid in the eyes of CIC.

I could be wrong, but I would look at doing another legal marriage immediately.

 

[Naomi39]

I appreaciate that, do you think my marriage is not legal?

 

[Rob_TO]

I appreaciate that, do you think my marriage is not legal?

No i don't think it was legal, since he wasn't divorced from his first wife at the time.

Read here: http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf
5.30. Recognition of a marriage
A marriage that is legally recognized according to the law of the place where it occurred is usually
recognized in Canada. A16(1) puts the onus on applicants to prove their marriage is legal where it
took place. A marriage, which took place abroad, must be valid both under the laws of the
jurisdiction where it took place and under Canadian federal law.

Previously married applicants must be legally divorced before they may remarry. In addition to
proving that their subsequent marriage is legal, they must first prove that their divorce was legal.

5.33. Legality of foreign divorces
Visa officers may need to look closely at foreign divorces to determine if sponsors or applicants
were, or are, legally free to marry again. The fact that a marriage licence was issued, or that a
couple has remarried, is not proof that a divorce was legal where it occurred, or that it would be
recognized as legally valid in Canada.

 

[Naomi39]

we think that since he sent the divorce certificate our marriage will be recognised. What do you think?

 

[Rob_TO]

we think that since he sent the divorce certificate our marriage will be recognised. What do you think?

I posted a link to the CIC rules above. I don't think the marriage will be recognized since at the time or your marriage he was still married to someone else.

 

[Naomi39]

I did not see the link.

 

[scylla]

Your marriage definitely won't be recognized CIC. He was still married to his first wife when he married you. Therefore his marriage to you isn't valid.

 

[mikeymyke]

Yes, your marriage is not valid, so your application will be rejected 100% for sure. After they reject you, you should make him get a divorce and then try again.

 

[scylla]

If you filed as married - then you should withdraw your application since unfortunately you don't qualify.

It sounds like your husband is now officially divorced. So the two of you should now marry again (to make your marriage real/official) and the re-submit the sponsorship application.

 

[clearly]

At this far in to the process, can they withdraw and get a refund on the fees/use the paid fees for a new application?

 

[scylla]

I did not see the link.

Here it is again:

http://www.cic.gc.ca/english/resources/manuals/op/op02-eng.pdf

 

[Naomi39]

I am crying now. I don't know what will happen next week.

 

[mikeymyke]

Why didn't you just hold off on the wedding until he got divorced? And how were the marriage officials even able to marry you two without searching your husband and determining he hadn't divorced yet?

 

[Naomi39]

I live in Zambia where we got married but his first marriage was in DRC. but I am from the same country with him. I fell so bad that they said my immigrant visa was ready but they want my husband divorce certificate for the first sponsorship he cancelled. People of God I am crying now you have no idea.!!!!!!!!!