Second Marriage without divorcing first wife |
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speedy
New Member Joined: 24 May 2010 Location: toronto Status: Offline Points: 3 |
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Posted: 24 May 2010 at 2:13pm |
I have an issue here. My brother married a canadian woman in bangladesh. My sister in law came to canada she applied for family sponsorship for my brother. when file transferred to bangladesh visa officer refused the application because he thinks is not a genuine marriage. My sister in law submitted appeal and they win in ADR. but same time my brother married another woman in bangladesh. So now canadian embassy started to process application again in bangladesh. Do you think if canadian embassy visa officer found that my brother have another wife after first marriage with canadian woman it can be a serious problem or only first marriage will be recognized as legal marriage? because i read in OP 2 procedureal manual that First marriage will be recognized only if sponsor or applicant have more than one spouses. So with that canadian woman it was first marriage of my brother. Do you think visa officer can refuse his application if he found that my brother also have a second wife after marrying with canadian woman? |
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audball
Top Member Joined: 26 Jan 2010 Location: Yellowknife Status: Offline Points: 1018 |
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Is your brother even still romantically involved with his first wife?
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speedy
New Member Joined: 24 May 2010 Location: toronto Status: Offline Points: 3 |
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Yes he is romantically involved with canadian wife.
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LEON
Top Member Joined: 10 Mar 2010 Status: Offline Points: 860 |
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Dear if your brother married another woman after getting marry with canadian woman then according to OP2 his first marriage may potentially be recognized for immigration purpose. I don'tthink so that this will effect the immigrationprocess of your brother application because at the time of Subsequent marriage with that canadian woman your brother was not previously married to another woman. Your brother had second marriage after his visa was refused, for immigration purpose only his first marriage may potentially recognized. If your brother get visa and enter in Canada he can not sponsor his second wife as a spouse untill he is not divorced from his first wife. Goodluck |
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Hope is a good Thing Maybe the best of things, No good thing ever dies.
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EgyCan
Average Member Joined: 30 Dec 2009 Status: Offline Points: 185 |
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So while your brother's wife was fighting in court to win an appeal to SPONSOR him, he just got married!
Isn't this offensive? Does this poor Canadian woman know anything about his second marriage |
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At CPC-M:Dec 17,2009
Approved:Jan 7,2010 Damascus started Processing: Jan 31 File # Received:Feb 16 Docs Requested:May 10 Docs Delivered in person & Visa Issued:May 24, 2010 Landing:June 11,2010:) |
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EgyCan
Average Member Joined: 30 Dec 2009 Status: Offline Points: 185 |
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I hope he will get a refusal.
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At CPC-M:Dec 17,2009
Approved:Jan 7,2010 Damascus started Processing: Jan 31 File # Received:Feb 16 Docs Requested:May 10 Docs Delivered in person & Visa Issued:May 24, 2010 Landing:June 11,2010:) |
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dpenabill
Top Member Joined: 29 Nov 2009 Status: Offline Points: 6407 |
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Clarifications:
Fact of second marriage can and will be "recognized" as a fact; it is not a "legal marriage" (under Canadian law, immigration or otherwise) and thus will not support any official or legal benefits (such as for immigration purposes). Thus, it is recognized as a fact, but not recognized as a legal marriage. The fact of the second marriage should result in a determination that the first marriage is not genuine, or, has at least broken down and thus is not continuing. This should preclude eligibility to be sponsored by the first, Canadian wife, despite the ADR result (unless that was specifically an issue dealt with at the time of ADR . . . and in which case, they must have examined the allegation that the second relationship rendered the sponsored relationship not genuine and decided to the contrary). A divorce from the first wife will not cure the lack of a legal marriage to the second for purposes of Canadian law. If the marriage was not legal at the time it was entered into, it remains not legal ("illegal" has the wrong connotation, implying something is against the law, but here it is simply something that is not "legally" recognized). |
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Bureaucracy is what bureaucracy does, or When in doubt, follow the instructions. Otherwise, follow the instructions.
BTW: Not an expert, not a Can. lawyer, never worked in immigration |
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SteelAce
Senior Member Joined: 30 Nov 2009 Location: Montreal Status: Offline Points: 298 |
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Based on what you've told us, sounds like your brother is commiting immigration fraud. Hope he gets refused.
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4/30-CPC-M
6/3-Sponsor DM 6/9-Approval letter; QC Cert. app. sent 6/17-Start Manila 7/2-AOR with PP & AOM request 7/19-PP & AOM received 8/13-Approval QC Cert. 9/7-DM :)) 9/16-Visa received! |
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redeagle
Top Member Joined: 03 Dec 2009 Location: Gibsons, BC Status: Offline Points: 1178 |
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Ummm a case to brighten up the day. If this does not result in refusal then the whole IRPA needs taring up.
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"Will this matter a year from now?"
Probably, this is gonna be a one hell of a long journey. |
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EgyCan
Average Member Joined: 30 Dec 2009 Status: Offline Points: 185 |
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Exactly RedEagle.
Simply similar cases of fraud is the reason we are having a harder time and longer process. I like the joke of "Yes he is romantically involved with canadian wife. " what about the second wife. |
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At CPC-M:Dec 17,2009
Approved:Jan 7,2010 Damascus started Processing: Jan 31 File # Received:Feb 16 Docs Requested:May 10 Docs Delivered in person & Visa Issued:May 24, 2010 Landing:June 11,2010:) |
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