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

[Naomi39]

I really appreciate your contribution. I respect everyone's opinion and I trust these people will void his first marriage. I will keep posting you guys next week because it is the Decision Made week or the following week.

 

[Rob_TO]

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 While that application was withdrawn, CIC will still have a record of it and might see it as a form of misrepresentation.

But if all the facts were presented, then it wouldn't be misrepresentation. It would be up to CIC to review the marriage, identify it as a proxy marriage, and declare the marriage invallid and deny the sponsor and/or applicant accordingly. But since the app was withdrawn early it may never have got to that point.
It would only be misrepresentation if the husband hid details of the marriage or presented false information about it.

 

[Naomi39]

I got you Rob, according to the logic these dates screwed our sponsorship, facts are also present that he wrote a letter to CiC to voided that marriage because his first was someone else at the time he married her.

 

[Naomi39]

Hey guys my husband has contacted his MP and based on what his MP said that since the first marriage was not consomated, and there a missrepresentation on his first wife since she was an other man's wife that marriage is nul. His MP wrote to Nairobi and CIC Ottawa. She said she is waiting to hear from Nairobi and CIC this coming week. She said she had another case whereby the marriage was annulled by CIC because the man never gone to marry in India and the woman never come to Canada.

 

[PMM]

Hi

Hey guys my husband has contacted his MP and based on what his MP said that since the first marriage was not consomated, and there a missrepresentation on his first wife since she was an other man's wife that marriage is nul. His MP wrote to Nairobi and CIC Ottawa. She said she is waiting to hear from Nairobi and CIC this coming week. She said she had another case whereby the marriage was annulled by CIC because the man never gone to marry in India and the woman never come to Canada.

1. I really don't think that your MP is a family/divorce lawyer. Just because a marriage is not consummated, it doesn't mean the marriage is invalid, depending on the country where the marriage took place you would still require either a divorce or an annulment. As your spouse appears to be married to 2 women at the same time, the 2nd marriage is probably going to be found by CIC to be invalid.

 

[Naomi39]

We are waiting for whatever results will come out next week or the following. Because Nairobi refused to respond to my husband email for the first, when she wrote to them last Thursday. Which means it is serious.

 

[wowsers]

Naomi39, You really are unwise not to take advice from a Canadian lawyer: you clearly do not understand anything of substance about void and voidable marriages nor for that matter about divorce either. There is no point in seeking advice from an MP, unless coincidentally that MP is also a lawyer. This is not a political problem, but a legal one. You are not going to sort it out for yourself, living as you are in Zambia, and since your English does not appear to be all that good you are unlikely to achieve anything on your own. If Zardoz is right, you may at the end of the day find that your husband will never be able to sponsor you: his present sponsorship will not yield any results because your marriage appears to be void, and he may not be able to sponsor you again because of the misrepresentations he must have made when he sponsored the first time. I express no views about that save to say that it is important that now that you have a small window of opportunity to sort it all out it is important that you do not waste your time consulting an MP.

 

[Naomi39]

Naomi39, You really are unwise not to take advice from a Canadian lawyer: you clearly do not understand anything of substance about void and voidable marriages nor for that matter about divorce either. There is no point in seeking advice from an MP, unless coincidentally that MP is also a lawyer. This is not a political problem, but a legal one. You are not going to sort it out for yourself, living as you are in Zambia, and since your English does not appear to be all that good you are unlikely to achieve anything on your own. If Zardoz is right, you may at the end of the day find that your husband will never be able to sponsor you: his present sponsorship will not yield any results because your marriage appears to be void, and he may not be able to sponsor you again because of the misrepresentations he must have made when he sponsored the first time. I express no views about that save to say that it is important that now that you have a small window of opportunity to sort it all out it is important that you do not waste your time consulting an MP.

Wowsers,

Would like to demonstrate a miss representation in this case? My husband did not hid anything from the immigration despite the fact that he was not wise to finish with his divorce issue.

 

[scylla]

Wowsers,

Would like to demonstrate a miss representation in this case? My husband did not hid anything from the immigration despite the fact that he was not wise to finish with his divorce issue.

I don't think there's any misrepresentation in your case. Your marriage is simply invalid. CIC is going to refuse your application based on the fact that your husband was still married when he married you. However there won't be a finding of misrepresentation. You haven't lied about anything.

 

[Naomi39]

I don't think there's any misrepresentation in your case. Your marriage is simply invalid. CIC is going to refuse your application based on the fact that your husband was still married when he married you. However there won't be a finding of misrepresentation. You haven't lied about anything.

Scylla,

I agree with you that there is no misrepresentation at all. Because when he filed my application he did not hid anything to them. I also agree according to logic that the application will be rejected that we will have a second time to reapply. Not like what wowsers is saying that they will banned me forever for Canada.

 

[Pippin]

I am Not an expert and sorry for the situation you find yourself in. I had a few questions in my mind as I read your post. Did your husband ever meet his first wife at all? Unless the first marriage was legitimate, why would he have needed a divorce? If your husband "certified at the Police that He cancelled his first marriage" when he filed your sponsorship, what date did he sign that certification? If it was before 19 Dec 2012, would that be considered misrepresentation considering the divorce was not final until then?
I hope you decide to get legal advice soon. Good luck.

 

[Rob_TO]

I don't think there's any misrepresentation in your case. Your marriage is simply invalid. CIC is going to refuse your application based on the fact that your husband was still married when he married you. However there won't be a finding of misrepresentation. You haven't lied about anything.

But if the first marriage was done by proxy, that it wasn't valid to begin with to CIC... so why would you need a divorce from an invalid marriage that was never legal to begin with?

This case it too complex. It requires the help of a professional lawyer or consultant.

 

[Naomi39]

Pippin my husband never met his first wife physically. His family informed him that there was a young girl of a good conduct and they send him pictures he likes her. Then the civil marriage was by proxy. As Rob said it look like his first marriage was not like mine. Over to you.

 

[scylla]

Pippin my husband never met his first wife physically. His family informed him that there was a young girl of a good conduct and they send him pictures he likes her. Then the civil marriage was by proxy. As Rob said it look like his first marriage was not like mine. Over to you.

I missed this part.

Did you husband include all of this information and provide proof/evidence support it when he submitted the application and/or when he sent the divorce certificate?

 

[Naomi39]

Yes Scylla he did include that information when he sent the application to Mississauga Ontario, then the file was transferred to Nairobi Visa post then when they email us the previous Friday they said the immigrant visa is ready please Mr Jone Doe kindly send us your divorce certificate or annulment Certificate because the letter you wrote to us is not a certificate.