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Canada Immigration Forum
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Married a Canadian
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Topic: Married a Canadian (Read 358 times)
cc43
Newbie
Posts: 2
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Married a Canadian
«
on:
November 15, 2011, 04:16:23 pm »
I have a friend that married a lady that is a citizen of Canada however he no longer loves her and has moved back to the USA several years ago. Is that marriage still valid in the USA ?
Also, do you know what the process is to divorce a Candian citizen from the usa
Thanks
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Baloo
VIP Member
Posts: 4946
Ratings: +192
Re: Married a Canadian
«
Reply #1 on:
November 15, 2011, 04:19:01 pm »
They need a divorce.
How, depends on where they are.
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Hoping for an immigration stream for everyone with this tattoo on their thigh
I provide opinions drawn from experience - I am not a lawyer. Questions? - Check Immipedia
http://immipedia.ca
cc43
Newbie
Posts: 2
Ratings: +0
Re: Married a Canadian
«
Reply #2 on:
November 15, 2011, 04:32:46 pm »
so the marriage is valid in the USA then ?
He is in North Carolina and she is in Canada not sure which part
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Baloo
VIP Member
Posts: 4946
Ratings: +192
Re: Married a Canadian
«
Reply #3 on:
November 16, 2011, 09:05:48 am »
Marriages in Canada are "valid" in many countries.
You stated "I have a friend that married a lady", so it is a legal marriage, and to end it legally, the couple would usually need a divorce.
Where did the marriage take place?
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Hoping for an immigration stream for everyone with this tattoo on their thigh
I provide opinions drawn from experience - I am not a lawyer. Questions? - Check Immipedia
http://immipedia.ca
Woman_USA_to_Canada
Full Member
Posts: 30
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Category........: FAM
Visa Office......: Vegreville, AB, Canada
App. Filed.......: 24-Apr-2011
Med's Done....: 24-Apr-2011
LANDED..........: 16-May-2012
Re: Married a Canadian
«
Reply #4 on:
December 02, 2011, 03:16:18 am »
From an attorney at:
http://www.avvo.com/legal-answers/how-do-you-divorce-someone-who-lives-in-another-co-362960.html
Quote
There are a number of issues regarding divorcing someone who currently lives outside of the country. The greatest issue here is related to "personal jurisdiction". Personal jurisdiction means that a court in a certain county, state, or country has the power to hear a case to which you are a party, and to enforce rules and judgments against you. If you were married within the United States and kept your marital home within the U.S., depending on the state you lived in with your spouse, you can file for divorce in such state. However, if you lived outside of the country with your spouse and have not lived in the United States with that person, you will be required to file for divorce in the country where you lived. Each state has different rules regarding when and how long you are required to have lived there for that state to have personal jurisdiction over you and your spouse.
Another major issue is going to be serving your spouse with the divorce documents while he or she is living in another country. Again, each country has its own rules and procedures, so I would advise that you contact an attorney who is familiar with service of process in your spouse's country.
Hope this helps!
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Current Status [As of 14-May/2012]: Landing Appointment 16-May/2012
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