Divorce and sponsoring new spouse

[mohi]

Hello everybody, I need some help from you. Please advise me.

I was married in Bangladesh in 2003, had a baby in 2004. I came alone in Canada as international student in Jan.2005. When I applied for CSQ for me in Sept.2005, I included my wife and kid in the application although they were in Bangladesh. I got all three CSQ after 10 months. Then applied for federal immigration. While federal immigration application was in process, my wife and my kid came in Canada as visitor in Sept.2006. We all three became landed immigrant in Dec.2006. We had a second kid born in Canada in July 2007. In Oct.2007, my wife left Canada with my two kids. They came back after 5 months (March, 2008). My wife was asking me for divorce. I didn't divorce her in Canada. They went back to Bangladesh for ever in May 2009. I also went to Bangladesh at that time for  2 weeks to reconcile, but it didn't work out. I sent her divorce letter from Canada (signed in front of a commissioner of oath and then attested by Bangladesh high commission in Ottawa) in Sept.2010. I sent the divorce letter to a lawyer in Bangladesh who took care of whole things. Now the divorce had been processed according to Bangladesh law, I got the divorce letter. By this time my Bangladesh born kid and I became Canadian citizens. My ex wife's PR card will expire in Jan. 2012. So far she was physically present in Canada for 96 days as visitor and 700 days as PR. She has been physically absent from May 2009 to date. I filed her tax for the tax year 2006-2009 together with me as family, but for the tax year 2010, I filed only my tax as divorced. I am planning to get married soon in Bangladesh. Based on all above information, please advise me:

(1) What should I do to sponsor my future wife as spouse? Should I submit my divorce certificate to any office in Quebec and Canada before getting remarried? Should I ask for any approval of my divorce? Should I ask for permission from any office in Quebec/Canada to get married? I have been Quebec resident for the last 6½ years all together.

(2) What documents I need to prepare before submitting sponsorship application?

(3) My kids are not with me, I cannot even talk to them over phone. Both kids are now Canadian citizens.What can I do to get their custody? My future wife is ready to accept my kids.

I appreciate your kind help and advice.

Thanks all in advance.

[asiddiq]

Dear Mohi,

As far as I know, registering of Divorce and permission for remarriage are required only if divorce was done in Canada and planing to remarry someone in Canada. For your case, as divorce was processed in Bangladesh since your wife was residing there, It should be okay. The divorce Certificate itself is enough for next sponsorship.

Was it processed through your City Corporation? All I know is that divorce request also required to go through City Corporation Marriage/Divorce Magistrate for further processing ( Counseling, Divorce Notice sent to other party, Request to attend hearing in front of the Magistrate). Once all these steps completed, Divorce request is approved, and Divorce certificate be issued from either Court or Registered Kazi. My question is did your lawyer follow these process? If so, can you manage the English version of the Hearing / meeting of other party / attendance of other party from the City Corporation? Just for reference, keep the hearing report from City Corporation. You might need it later. It is necessary to make sure Divorce process was not done one sided. Your ex-wife did get your Divorce Notice and hearing request from Magistrate.

Divorce certificate is a final document after all these steps completed ( Divorce notice sent to her and to City Corporation, City counselor's call for hearing, your wife's agree to accept the divorce or not being present at the hearing, payment of any balance ( dowry) made to her etc).

There must be also an agreement paper / legal document of supporting your kids ( since you divorced her), a custody paper ( If not done yet, do so, it's very important). You could contact Canadian High Commission in Dhaka about what to do to get custody. As far my concern goes, it would be wise if you proceed with the custody after your remarriage. Court will most likely give priority to mother if you are single father. Once you r remarried, you and your future wife will have to request for custody. As you and the kids all r citizens, the court might consider you ( After your remarriage) for custody. I am afraid, the hearing will most likely be in Bangladesh, because your ex-wife and kids reside there. In that case, both u and your 2nd wife must attend the hearing in Bangladesh. But, if your ex-wife returns in Canada, you could discuss with her about custody and apply for the custody from inside Canada. Still, mother will have priority to get custody if she can prove that she can bear their basic needs.

I would suggest you discuss this matter with a lawyer in Canada if anyone can help you out. If it's to be processed in Bangladesh, then you will have to hire a lawyer in Bangladesh.

So, your divorce certificate is a must. In addition, when you get remarried, make sure it's arranged marriage ( both family arranged) and done in your Bangladeshi traditional way ( engagement ceremony, Turmeric ceremony, Wedding ceremony, reception, Honeymoon - please complete all these steps). Take lots of photographs ( you and your wife), with both families, friends, relatives. Write text in the photos ( editing Text) describing location / event, naming the photographed people). you could do it by editing software. Make sure, you take pictures with people whose names are given in the application. and highlight them in the photo. Money receipts, gifts sending proofs ( i.e. Fedex shipment document), Phone call details, etc.

Since it will be your 2nd marriage, you will need little more colours in your submission. More intimacy with your wife is important. When you visit her, stay at least one or two months. Talk everyday long hours when you r not together. Establishing your post marriage relationship is more important. Visa officer wants to see what efforts are you both making to establish relationship. Intimacy only be established by staying together. So, try best to stay 2 months in each visit. If, want to sponsor right way, make sure you have enough photos of both of you and with both side family and relatives. If you want to sponsor after few months, stay with your wife little longer like 2 or 3 mnths, always phone her when not together, gather as mush as evidences you can which will proof your relation is genuine.

By the way, make sure your wife and her family knows about your past. Mention in the application ( describing your 1st meeting) that you told her about your past.

Good luck. Wish u happy marriage life