Starting over... and trying to rid myself of the chaos

[ufa]

Some of you may remember my franctic post from a few weeks ago when i thought my world was crumbling. I don't think so anymore... it's just perpetually leading to a more chaotic state.

I'm becomming ok with that. The only way i'll get rid of the chaos is to pass it on to the CIC, and hopefully in some manner that they will be able to see the truth behind all the mistakes...

My story is this:

- I met my partner in March 2007 in his country, we stayed together for about 10 days after meeting.
- I visited 2 more times, once in March 2008 for 10 days, then over Christmas, 2009 for 3 weeks.
- He came to Canada for 4 months in 2010. We got married near the end of the four months.
- We started the sponsorship application. He took several months gathering documents...
- When checking the registrar for birth/death information on his family, he discovered that he was married to the mother of his children! He swears he didn't know before. I believe him.
- He's filing for a divorce now (for previously unknown marriage). I'm filing for an annulment (for our marriage).
- He'll come back to Canada after the divorce is finished (a month of two from now)
- We'll get married again when the annulment is declared (three to five months from now)
- He'll go home after we file the sponsorship papers (we plan to sponsor his son as well, and although there is family at home who can care for him while my partner is in Canada, I don't want to separate them for too long).

So, that sums up my crazy situation. The bright side is that now I know how crazy this sponsorship application is, and we have lots of time to prepare for it. And, that's why I'm sharing - I'm wondering if anyone has advice on what we should be working on over the next few months to help our application. OR, if anyone sees any flaws with our current plan - PLEASE be brutally honest... I'm ready for it this time (and would love getting it now rather than right before we are ready to file like last time... argh)

Also, what he should say/bring to the border when he comes back - He doesn't need a visa, but got secondary screening, and I got three or phone calls on his first visit.... should he say he's coming to remarry? To finalize an annulment? or just visit? Or just give the whole long story? I've seen similar questions addressed before, so even links to the pertinent threads would be appreciated

 

[Kaycee1]

I don't have any brilliant advice for you unfortunately, just want to say I feel for you!! Life is never easy, especially when Immigration stuff is thrown on top of it!! Hang in there, hopefully it will all turn out well in the end

 

[sogwap]

- When checking the registrar for birth/death information on his family, he discovered that he was married to the mother of his children! He swears he didn't know before. I believe him.

How does one not know they were married? Smell fishy to me.

I assume you are seeking an annulment based on legal advise?

As far as him coming to Canada, I would keep it simple and just visit.

 

[ufa]

Thanks for the support Kaycee1.

Yes the annulment is based on legal advise, but also because we want to be married, legally, and as it is our marriage is invalid(the annulment is really just the only way to document the fact that the first one is invalid).

And, yes, our situation stinks of fish. Any thoughts on what we (or he) can include / say / add / work on that would make it smell a little nicer?

 

[canadianwoman]

You are going to have problems with this application.
However, these are some things I think will help:
He will be staying with you for several months. Document your time together very well - go places, visit family and friends, get receipts of your travel together, take lots of photos, and proof of cohabitation.

Make sure you know a lot about his kids - your future stepchildren. Know all their details, take an interest in them, if the mother allows try to get a close relationship with them. Get proof of your contact with them: Skype calls, letters, gifts you send them, photos of you together when you visited.

Get family and friends from both sides to write letters stating they believe the two of you have a genuine relationship. Some of these should be affidavits.

 

[ufa]

Thanks, we have lots of pictures of us with each others family, and some mail - travel health insurance claims and gym membership for him to my address in canada - is that the type of 'cohabitation' evidence that works? We'll have time to collect more...

 

[toby]

I would get a second legal opinion on the need to annul your marriage. If he was married at the time, your marriage is illegal, and I wonder why you'd have to annul a marriage that legally does not exist.

People renew their vows and re-marry many times, without having to jump through legal hoops.

It may be that since you are not married now, once your fiancee is free to marry you can simply proceed with a second and this-time-binding marriage.

Some lawyers do advise unnecessary legal work, so get a second opinion from someone objective.

Good luck