How complicated my situation is?

[UglyVenus]

Hi everyone,

I'd like to share my situation and can someone help me about this on how to make an explanation so that we can prove to the immigration officer that my relationship with my wife is genuine.

My wife and I are married last 2006(In Philippines) My wife is a canadian citizen by that time. after getting married, after a few days
my wife went back to canada. after a few months, we had some mis understanding and to make the long story short, we stopped comunicating to each other.

In 2010, we met again and reconciled, the very big problem was.....

My wife sponsored someone under commonlaw relationship.
My wife now would like to sponsor me as spouse. I am here in canada now under tourist visa.

Can someone help us to make explanation in our paper works?

Thank you so much to all of you who have kind heart in helping people regarding their immigration concerns.

GODSPEED to all waiting visas and GODbless us all

[Kedeisha]

oh wow sticky situation

how long ago was the previous sponsorship is it still in place spousal sponsoship is 3 years

you are going to have a HARD time proving your relationship is genuine as she was commonlaw meaning she was lviving with someone else for a year before applying and she and this other person was cohabiting during the sponsorship period so you need to prove that your wife relationship with someone else is indeed over and that you are genuine that means ALL communication that u have between u two submit a strong n solid case if u can include letters from others that know of the reunion not required but in ur case consider it a necessity

[Aneyshar]

Is it even  possible (or legal!) to sponsor a common-law partner while being married to someone else?

I think your wife has a lot of explaining to do to the CIC.

[pinklady]

Your wife cannot sponsor anyone else until 3 years after she sponsored her common law partner.
She will need to prove the relationship with the common law partner is finished.

Before she sponsors you, you should spend lots of time together first, dont apply right away. Take many pictures and provide as many proofs that you are a genuine couple again, as you can.

You are going to have a very hard time proving your relationship is genuine. It will look very much like a marriage of convenience.

Wishing you luck.

[pinklady]

Is it even  possible (or legal!) to sponsor a common-law partner while being married to someone else?

I think your wife has a lot of explaining to do to the CIC.

It is legal as long as you can prove the marriage is over and obviously provide copious amounts of evidence of your new common law relationship.
Also, divorce is illegal in the Phillipines.

[canuck0469]

venus, as the others mentioned you will have an uphill battle but it is still doable. Unfortunatley your wife would have provided evidence that your marriage was over in her application to sponsor under common-law. Ensure you do not over stay on your visitors visa. If possible she should return to P with you when you go back and live as a married couple for a period of time and wait before re-applying. Certainly if you apply within a year or 2 if will appear to be a MOC

[scylla]

I think the information we need to provide you with a better response is:

1) When your wife sponsored someone under common law, was the application approved?

2) If the application was approved, did her common law spouse land in Canada and become a PR?

3) If her common law spouse landed in Canada and became a PR, what date (month & year) did this happen?

[UglyVenus]

Thank you so much to all of you.

Previous undertaking of my wife will end this month(Aug 2011) and we are planning to submit our application on september.
We are living together in philippines since feb of 2010 and she came back here in canada last march 2011 and i am with her.
My visit visa will end soon.

I really dont know what to do, and May GOD guide me and help me regarding this situation of mine.

[UglyVenus]

I think the information we need to provide you with a better response is:

1) When your wife sponsored someone under common law, was the application approved?

2) If the application was approved, did her common law spouse land in Canada and become a PR?

3) If her common law spouse landed in Canada and became a PR, what date (month & year) did this happen?

Thanks,
My answers are:

1. Yes it was approved
2. The application was made inside canada
3. the PR granted last Aug of 2008.

Thank you so much again

[CharlieD10]

Just so you know, you are up against Section 4.1 of the Regulations:

New relationship

4.1 For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the foreign national has begun a new conjugal relationship with that person after a previous marriage, common-law partnership or conjugal partnership with that person was dissolved primarily so that the foreign national, another foreign national or the sponsor could acquire any status or privilege under the Act.

You will be required to prove that you and your wife did not dissolve your relationship so that (in this case) the other person could gain status in Canada.  This is an uphill battle, as canuck0469 mentioned, you had better be prepared.  Remember, it is not for CIC to show that is what happened, it is for YOU to prove that it didn't.  The onus is on you and your wife, especially as you planning to file one month after her current undertaking expires.

If you do a poor job of this application and the necessary proof, not only you and your spouse will be affected, but her former common-law partner could be subject to a report for inadmissibility on the grounds of misrepresentation.  I would suggest if you can afford it that you consider legal representation, you need to step very carefully in preparing this application.

[pinklady]

I think it would be better to wait longer before applying.
The previous undertaking finished in Aug and you plan to apply in September. In my opinion that seems a little obvious. You should wait longer, perhaps until feb 2012, that way you will have been living together for 2 years and will be able to provide much more evidence.

[UglyVenus]

Just so you know, you are up against Section 4.1 of the Regulations:

New relationship

4.1 For the purposes of these Regulations, a foreign national shall not be considered a spouse, a common-law partner or a conjugal partner of a person if the foreign national has begun a new conjugal relationship with that person after a previous marriage, common-law partnership or conjugal partnership with that person was dissolved primarily so that the foreign national, another foreign national or the sponsor could acquire any status or privilege under the Act.

You will be required to prove that you and your wife did not dissolve your relationship so that (in this case) the other person could gain status in Canada.  This is an uphill battle, as canuck0469 mentioned, you had better be prepared.  Remember, it is not for CIC to show that is what happened, it is for YOU to prove that it didn't.  The onus is on you and your wife, especially as you planning to file one month after her current undertaking expires.

If you do a poor job of this application and the necessary proof, not only you and your spouse will be affected, but her former common-law partner could be subject to a report for inadmissibility on the grounds of misrepresentation.  I would suggest if you can afford it that you consider legal representation, you need to step very carefully in preparing this application.

ohhhhhh My GOD.... i really dont know what to do next.

Our relationship was not dissolved then, we did not file any annulment or any legal documents. As i know, our relationship is continuing
even we dont have any communication :-(

[canadianwoman]

Yes, but your wife must have told CIC that her relationship to you was over in order to sponsor her common-law partner. So to succeed in sponsoring you now, she will have to prove 1. that her relationship with her common-law partner is over, and 2. that her new relationship with you is genuine.
I also think you would be better off to not apply in September. Instead, try to have her stay with you longer in the Philippines, or extend your stay in Canada. Another year or 6 months of living together would help prove your relationship is genuine.

[Kedeisha]

Yes, but your wife must have told CIC that her relationship to you was over in order to sponsor her common-law partner. So to succeed in sponsoring you now, she will have to prove 1. that her relationship with her common-law partner is over, and 2. that her new relationship with you is genuine.
I also think you would be better off to not apply in September. Instead, try to have her stay with you longer in the Philippines, or extend your stay in Canada. Another year or 6 months of living together would help prove your relationship is genuine.

I agree with this as this is exactly how it would have been interpreted to be approved, your wife is only allowed 1 spousse that could either be married, common law or conjugal so she would have dissolved her relationship with u in order for the common law to be approved

[itscoezy]

What did your wife actually put on her spousal sponsorship application when she applied with her common-law partner where it says "have you previously been married or in a common law relationship" and from what date did it start and end? If you guys were married before and then she lied on the application I think that's going to cause huge problems because she is now going to have to come forth with that lie to CIC....

I agree with some of the others, seek legal advice from someone in Canada that is going to be your best option i think.