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Author Topic: can i marry while being in process for divorce?  (Read 938 times)
ronald33
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« on: October 17, 2011, 05:38:19 am »

hi

i m permanent resident of Canada. i have lodge divorce (uncontested )in mutual understanding and lodged the case in court and they say it will take 3/4 month to get decision from court. Meanwhile, can i do engagement or marry with my boyfriend by legal or not? is law allow me to get engagement or marry with my bf? if yes then how? if not then what do u suggest me to do ?
pls help me giving advise

thank you
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scylla
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Posts: 4146
Ratings: +105
Category........: FAM
Visa Office......: Buffalo
App. Filed.......: 28-05-2010
AOR Received.: 19-08-2010
File Transfer...: 28-06-2010
Passport Req..: 01-10-2010
VISA ISSUED...: 05-10-2010
LANDED..........: 05-10-2010

« Reply #1 on: October 17, 2011, 06:00:23 am »

No - you can't marry before your divorce is finalized. If you marry before your divorce is finalized, your marriage will not be valid. You can certainly get engaged now. But don't marry until you're actually divorced.
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ronald33
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« Reply #2 on: October 17, 2011, 06:28:33 am »

thank you for suggestion ....one more things i need to know if u can give me advise.....

what do i get from court after get decision>? a peace of paper or what? i really dont have idea? for instance, after i got paper then can i marry ? or still i have to change all my status from passport? or i can do that later after marriage ?

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Leon
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« Reply #3 on: October 17, 2011, 06:50:37 am »

You need to be legally divorced before you can get married.
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PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
ronald33
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« Reply #4 on: October 17, 2011, 07:50:42 am »

so what is my legally position now ( regarding marital status )?
m i still call married until i get court decision ?
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Admirable
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Posts: 537
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Category........: FAM
Visa Office......: POS
App. Filed.......: 22-12-2010
Doc's Request.: 09-02-2011
AOR Received.: 24-01-2011  & 27-01-2012
File Transfer...: 17-03-2011
Med's Request: 08-03-2012 (2nd medical redo)
Med's Done....: 06-06-2010 and 09-03-2012
Interview........: 08-03-2012 Positive
Passport Req..: 18-04-2012
VISA ISSUED...: Hopefully Soon
LANDED..........: Hopefully Soon

« Reply #5 on: October 17, 2011, 07:58:32 am »

Obviously! You are legally married until your divorce is finalized.
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CHC-Port of Spain Spreadsheet
http://goo.gl/QQw3i
toby
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Posts: 1645
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Category........: FAM
Visa Office......: Hong Kong
App. Filed.......: November 2009
Med's Done....: October 2009 and  15 April 2011
Interview........: 4 April 2011
Passport Req..: 4 April 2011
VISA ISSUED...: 7 July 2011
LANDED..........: 15 July 2011

« Reply #6 on: October 18, 2011, 07:00:47 am »

You will get a Court Order telling you that both parties have divorced, and the date will be 31 days from the date of the Order.  Then you will get an actual Certificate of Divorce.

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Nov 09 Application to Mississauga
Nov 09 Approved; sent to Hong Kong.
Interview April 4, 2011 (so slow!!). Passed.
15 April 2011 New medical done.
7 July 2011  COPR received.
15 July 2011 landed in Vancouver. At last.
ronald33
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« Reply #7 on: October 29, 2011, 03:22:55 am »

thank you so much for giving attention on my topic...i really appreciated.....thank you so much.

ur answer driving me carefully in my way...but still some confusion....actually i am trying to go USA to meet my bf....but i m not divorced from my X-man....it is in process...we have filed the case in mutual understand....and we are waiting for court decision....me and my bf as plan to marry after court decision....what if i go to USA ..and wait for result with my bf ...and  when i got paper from court and then after couple of day get marry with  my bf in USA ...is it possible by law?
IT WILL MAKE ME know what can i do in USA ?


suggest me pls Smiley
Thank you
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Admirable
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Posts: 537
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Category........: FAM
Visa Office......: POS
App. Filed.......: 22-12-2010
Doc's Request.: 09-02-2011
AOR Received.: 24-01-2011  & 27-01-2012
File Transfer...: 17-03-2011
Med's Request: 08-03-2012 (2nd medical redo)
Med's Done....: 06-06-2010 and 09-03-2012
Interview........: 08-03-2012 Positive
Passport Req..: 18-04-2012
VISA ISSUED...: Hopefully Soon
LANDED..........: Hopefully Soon

« Reply #8 on: October 29, 2011, 05:14:43 am »

After reading cases on Canlii, I strongly want to suggest that you don't get married right away after your divorce has been finalized. You should wait a while.

When your divorce is finalized, you are free to marry but you don't want IO officers to think that this was a divorce of convenience.
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aussiepete
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« Reply #9 on: October 30, 2011, 06:46:38 pm »

hi

i m permanent resident of Canada. i have lodge divorce (uncontested )in mutual understanding and lodged the case in court and they say it will take 3/4 month to get decision from court. Meanwhile, can i do engagement or marry with my boyfriend by legal or not? is law allow me to get engagement or marry with my bf? if yes then how? if not then what do u suggest me to do ?
pls help me giving advise

thank you

Some people are so DUMB!
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toby
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Category........: FAM
Visa Office......: Hong Kong
App. Filed.......: November 2009
Med's Done....: October 2009 and  15 April 2011
Interview........: 4 April 2011
Passport Req..: 4 April 2011
VISA ISSUED...: 7 July 2011
LANDED..........: 15 July 2011

« Reply #10 on: November 03, 2011, 08:22:50 pm »

Some people are so DUMB!

Why is she "dumb"? 

Perhaps her marriage has been bad for a long time, she has been separated for a long time and dating her American boyfriend, and now that divorce is finally around the corner she wants to marry boyfriend without losing any more time.  Is this "dumb"?  If so, it happens a lot in many relationships, whether the fiances are bound up with immigration issues.

 
But I would second the advice to wait a bit before re-marrying -- just to avoid the appearance that this was a "quicky"marriage done mainly for a visa. This appearance could be countered by offering lots of proof that the relationship has been going on a long time.

Make sure, poster, that you can show you were separated from your ex-husband before beginning the relationship with your American boyfriend.  Otherwise the relationship won't look as conventional as some would like, and you'd be giving CIC an excuse to consider the relationship less than genuine. The fewer excuses you give them the better.

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Nov 09 Application to Mississauga
Nov 09 Approved; sent to Hong Kong.
Interview April 4, 2011 (so slow!!). Passed.
15 April 2011 New medical done.
7 July 2011  COPR received.
15 July 2011 landed in Vancouver. At last.
PMM
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« Reply #11 on: November 03, 2011, 09:58:44 pm »

Hi

Why is she "dumb"? 

Perhaps her marriage has been bad for a long time, she has been separated for a long time and dating her American boyfriend, and now that divorce is finally around the corner she wants to marry boyfriend without losing any more time.  Is this "dumb"?  If so, it happens a lot in many relationships, whether the fiances are bound up with immigration issues.

 
But I would second the advice to wait a bit before re-marrying -- just to avoid the appearance that this was a "quicky"marriage done mainly for a visa. This appearance could be countered by offering lots of proof that the relationship has been going on a long time.

Make sure, poster, that you can show you were separated from your ex-husband before beginning the relationship with your American boyfriend.  Otherwise the relationship won't look as conventional as some would like, and you'd be giving CIC an excuse to consider the relationship less than genuine. The fewer excuses you give them the better.



She asked if she could marry before her divorce was finalized.
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PMM
lyvly
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App. Filed.......: 02-08-2011

« Reply #12 on: November 21, 2011, 11:55:53 am »

You need to wait for the court's decision in some other cases it could be denied or approved,,.u can marry 30 days after d positive decision..f there r any children involve,,u will hav to appear again for the custody agreements... There is no problem u marrying ur bf as soon as u may but wen u sponsor him for PR,CIC will examin him,ur relationship and the genuineness of ur marriage..in most cases,,u will be both interviewed by IO separately..,,CIC hav been very tough n their decisions w. regards to marriage convenience or marriage fraud,d result of people pay a citizen or PR to be sponsored thru such way..u hav to know each other very very well..
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No pain No gain...No sweat,,No success... No Faith,,No hope..No patience,,dont giv up or u will get no PR
ronald33
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« Reply #13 on: February 16, 2012, 07:37:55 am »

Thank everyone ! after long time..

i got divorce finall a month ago..and i am waiting for my pr card thus i can go to meet my boyfriend and get married...i m so excited now..Smiley
but now i m bit worry about pr card...if anyone know about pr card processing time then pls help me as giving infomation
i had became permanent resident around 2001. but at the time there was no pr card . we used to have landiing paper and permanent resident status on my passport ..nowadays pr card became so essential to go out side of country and get into canada from outside.
i hope everyone knows this general information.
i case is; i have applied for PR Card first time on dec 5 2011 and now its already 16 of feb. 2010. thats mean it already been more than 6 weeks on the process . As per CIC information , they said it take 5 weeks for process. i m so worried, why it is being late. or my calculation is wrong?
i tried to check online status but it says

We were not able to identify you using the information you provided. There could be three possible reasons:
1. Please be sure the information you entered is correct and then try again.
2. This service is only available to clients with applications in process. We may have received your application but not yet begun processing it. The following link may help you determine if your application is being processed:
Application Processing Times[/color][/font]

3. At this time, you may use this on-line service to view the status of your application ONLY if you have:
sponsored a member of the family class;
applied for permanent residence from within or outside Canada;
applied for a permanent resident card (initial, replacement or renewal

............i dont know what is problem with all of this...i have put all information correctly in required field. i tried lots of time but it always says same thing....can u give me if some one has idea about pr card processing time...

thank you...
ur help will be appreciable ..
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AllisonVSC
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Category........: FAM
Visa Office......: Buffalo - Conjugal Partner
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VISA ISSUED...: 04-11-2009
LANDED..........: 04-11-2009

« Reply #14 on: February 16, 2012, 09:55:55 am »

If you are sure you are entering the information correctly, then I can only they haven't started processing your application yet.

Did you submit the application using certified mail so you could get confirmation that your application was received?
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