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

[mikeymyke]

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.!!!!!!!!!

Honestly, I'm more upset at your husband, because only he knew himself, if he had officially divorced or not, and he shouldn't have dragged you in the mud by marrying you before he officially divorced. It's ok, it'll be fine, just re-apply. And maybe it's different in DRC than Canada, but I doubt his suggestion that he couldn't divorce cuz his wife wouldn't sign, most countries (that I'm aware of), will have a judge sign off on the divorce forms if the other party does not show or sign herself.

 

[Naomi39]

He showed me even the letter stamped by the police in Montreal of annullment of his marriage and Mississuaga ON even Approved him. But why did they Approved him to be my sponsor then? Canada would have known that at stage 1 right?

 

[scylla]

He showed me even the letter stamped by the police in Montreal of annullment of his marriage and Mississuaga ON even Approved him. But why did they Approved him to be my sponsor then? Canada would have known that at stage 1 right?

In stage 1 they typically only evaluate the sponsor - not the relationship. The relationship is reviewed in stage 2 and the validity of your marriage is a relationship issue.

 

[Naomi39]

but in his culture which is mine, a man is allowed to have two wives. He sent he will email the visa post today before they come to their decision, explaining that he did not see a big problem to get that divorce certificate few months letter. Oh I feel like confused.

 

[truesmile]

In stage 1 they typically only evaluate the sponsor - not the relationship. The relationship is reviewed in stage 2 and the validity of your marriage is a relationship issue.

Exactly! They evaluate the sponsor only, all the other stuff is 'Stage 2'. A letter that "he wrote" stamped by the Montreal police is not an "annulment". If it really was (annulled), how could he ever get the divorce?? Sorry but for me, his story doesn't fly. The previous posters are correct, the 2nd marriage will not be deemed valid.

The 'two wives' thing won't fly either.

 

[scylla]

Unfortunately it doesnt matter if the marriage is valid in his country. The marriage must be valid according to Canadian law and Canadian law does not recognize polygamy.

Who knows - you might get lucky. Maybe the CIC officer will miss the fact that your marriage pre-dates your divorce. However if the CIC officer catches this issue and follows the rules, your file will unfortunately be refused.

 

[mikeymyke]

but in his culture which is mine, a man is allowed to have two wives. He sent he will email the visa post today before they come to their decision, explaining that he did not see a big problem to get that divorce certificate few months letter. Oh I feel like confused.

But having two wives is not allowed in Canada, so the marriage is not valid. I don't know why he feels it wasn't a big problem to get the divorce certificate a few months later, as he, the sponsor, should know polygamy is not legal or recognized in Canada. He really messed things up.

 

[Naomi39]

Oh my God, honestly I appreciate your in put but you all told me the truth and that prepare me to recieve that verdict.

 

[Rob_TO]

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.

Couldn't they get married again immediately (like today) in a simple civil ceremony, and just update the existing file with valid marriage info... instead of re-submitting a whole new app?

 

[scylla]

Couldn't they get married again immediately (like today) in a simple civil ceremony, and just update the existing file with valid marriage info... instead of re-submitting a whole new app?

I don't think it will work.

You have to qualify at the time you apply. They treat common law the same way. You can't qualify later. You have to meet the criteria at the time the application is submitted.

Having said that, I suppose there's no harm in trying at this point...

 

[Naomi39]

After they reject us are allowed to file the sponsorship for the second time after we re arrange?

 

[scylla]

After they reject us are allowed to file the sponsorship for the second time after we re arrange?

Yes - absolutely. You can certainly file the sponosrship application again.

 

[wowsers]

Dear Naomi39. Your husband needs to consult a Canadian lawyer experienced in family law. Your case is not necessarily as hopeless as at first sight appears. Your marriage (ie your husband's second marriage) is valid if your husband's first marriage was invalid. For the purpose of understanding the problem you can ignore the divorce for the moment. His first marriage you say was by procuration, which is not a term I understand; but from your subsequent posts I understand that at the time of his first marriage, in the Democratic Respublic of Congo, your husband was in Canada, and what he did was to write a letter (from Canada?) appointing his brother as his proxy to enter into that first marriage. What you need to find out is whether that first proxy marriage was a valid marriage according to Canadian law. If it was not, you are home and dry (and married!). Even if his first marriage was a valid marriage you need advice as to whether there are grounds for treating it as a void or voidable marriage. But it is a bit late in the day to raise all these legal technicalities, given that you are at the last stage of your application. Tell your husband to see a lawyer asap and if you need more time, ask the VO for an extension of time to enable you to make your inquiries.

 

[Rob_TO]

Dear Naomi39. Your husband needs to consult a Canadian lawyer experienced in family law. Your case is not necessarily as hopeless as at first sight appears. Your marriage (ie your husband's second marriage) is valid if your husband's first marriage was invalid. For the purpose of understanding the problem you can ignore the divorce for the moment. His first marriage you say was by procuration, which is not a term I understand; but from your subsequent posts I understand that at the time of his first marriage, in the Democratic Respublic of Congo, your husband was in Canada, and what he did was to write a letter (from Canada?) appointing his brother as his proxy to enter into that first marriage. What you need to find out is whether that first proxy marriage was a valid marriage according to Canadian law. If it was not, you are home and dry (and married!). Even if his first marriage was a valid marriage you need advice as to whether there are grounds for treating it as a void or voidable marriage. But it is a bit late in the day to raise all these legal technicalities, given that you are at the last stage of your application. Tell your husband to see a lawyer asap and if you need more time, ask the VO for an extension of time to enable you to make your inquiries.

You could have a point there.
This if also from the guide I posted in previous post:

5.30. Recognition of a marriage
Marriages performed in embassies or consulates must meet the requirements of the host country
in which the mission is located. A diplomatic mission or a consular post is considered to be within
the territory and jurisdiction of the host (receiving) state. Therefore, a marriage performed in an
embassy or consulate must be legally recognized by the host state in order to be valid for
Canadian immigration purposes. An applicant who married in an embassy or consulate must
satisfy an officer that all of the requirements of the host country with respect to marriage have
been met, including whether the host country recognizes marriages performed in diplomatic
missions or consular posts within its jurisdiction. Exceptions to this requirement are rare. Where
there is some question, the matter should be referred to NHQ Selection Branch.

If a proxy marriage occurs at a foreign mission in Canada (the proxy is given by the foreign
national and the Canadian resident is present at the mission for the ceremony), the marriage must
meet the legal requirements of Canada (federal and provincial) in order to be legally valid. At this
time, no provinces permit proxy marriages; therefore, these marriages are invalid.

Is a proxy marriage the same as "procuration" one mentioned in original post? I'm not sure, but if it was a proxy marriage then it would be deemed illegal in Canada so the first marriage would have been invalid. So the divorce would not even have been required. And the 2nd marriage would have been the first legal one. So instead of proving/sending proof of divorce, you would need to prove/send proof the original marriage was invalid under CIC regulations and not even bother with the divorce certificate.
This is a very strange/complex case, so would also highly recommend some professional help.

 

[zardoz]

Cat, meet pigeons.. This might actually backfire because this now puts the sponsor in the position of having previously tried to sponsor a person who was not legally his wife at the time, because the marriage was a proxy one. While that application was withdrawn, CIC will still have a record of it and might see it as a form of misrepresentation.