In Canada Sponsorship

[whiteangel19]

I am presently in Canada and got married to my partner about a year ago. We were living together after i proposed and she said yes. 3 months after i moved in with her we got married. We filed for In Canada sponsorship under family Class-Marriage/Common law.
Recently I got a mail requesting to know about my previous marriage in the USA, and i was giving 30 days to submit documents to show i was divorced otherwise I would be denied.
Now about my previous marriage, my ex and I have been separated for over 3 years. We infact have a separation agreement that we had drawn and i had also employed the services of a lawyer but up until now the divorce decree had not been issued. Minnesota where the divorce was made is a no fault State so that we can be divorced in 30 days for irreconcilable differences. Please what do I do??

• I got my ex to write a letter which she did that she had moved on and has a child for her new spouse
• My Lawyer in the USA who did the divorce, also wrote a letter of opinion saying he is handling our divorce and we have been seperated for over 3 years and he has filed all the necessary document and we are only awaiting the divirce decree.
• I included the seperation agrement I ha with my ex
• I have been living with my present spouse, we share bills together, we are on the same lease, we have accounts statements together, we share phone and power bills together with our names on them

Do you think this can help?
What are my options?

Thanks

 

[k.h.p.]

Were you actually divorced?

If you were not actually divorced - as in recorded in your state's register as being divorced - you may not be legally married.

If you were just separated but had not completed the divorce when you got married to your new spouse the marriage may be invalid.

 

[canuck78]

I am presently in Canada and got married to my partner about a year ago. We were living together after i proposed and she said yes. 3 months after i moved in with her we got married. We filed for In Canada sponsorship under family Class-Marriage/Common law.
Recently I got a mail requesting to know about my previous marriage in the USA, and i was giving 30 days to submit documents to show i was divorced otherwise I would be denied.
Now about my previous marriage, my ex and I have been separated for over 3 years. We infact have a separation agreement that we had drawn and i had also employed the services of a lawyer but up until now the divorce decree had not been issued. Minnesota where the divorce was made is a no fault State so that we can be divorced in 30 days for irreconcilable differences. Please what do I do??

• I got my ex to write a letter which she did that she had moved on and has a child for her new spouse
• My Lawyer in the USA who did the divorce, also wrote a letter of opinion saying he is handling our divorce and we have been seperated for over 3 years and he has filed all the necessary document and we are only awaiting the divirce decree.
• I included the seperation agrement I ha with my ex
• I have been living with my present spouse, we share bills together, we are on the same lease, we have accounts statements together, we share phone and power bills together with our names on them

Do you think this can help?
What are my options?

Thanks

You are committing bigamy. You didn’t have the right to marry someone else when you were still married. Expect a refusal.

 

[whiteangel19]

Were you actually divorced?

If you were not actually divorced - as in recorded in your state's register as being divorced - you may not be legally married.

If you were just separated but had not completed the divorce when you got married to your new spouse the marriage may be invalid.

Thank you very much, the divorce had started but i did not have the divorce decree yet.
But can I can be considered instea under common law or conjugal relationship , or what are my options

 

[whiteangel19]

You are committing bigamy. You didn’t have the right to marry someone else when you were still married. Expect a refusal.

Well she was not reachable fo a long time the last I remembeer was her telling me that the divorce was done. So it was not done intentionally

 

[k.h.p.]

Thank you very much, the divorce had started but i did not have the divorce decree yet.
But can I can be considered instea under common law or conjugal relationship , or what are my options

No, you can't be common law if you've only lived together for three months when you applied.

No, you can't be conjugal, since you are in Canada.

None of that matters anyways since you applied as married.

Your bigger problem is that your marriage is invalid. You're not legally married.

 

[k.h.p.]

Well she was not reachable fo a long time the last I remembeer was her telling me that the divorce was done. So it was not done intentionally

It was intentional if you did not have a certificate of divorce or divorce decree. You have an obligation to make yourself aware if you are married or not.

 

[whiteangel19]

No, you can't be common law if you've only lived together for three months when you applied.

No, you can't be conjugal, since you are in Canada.

None of that matters anyways since you applied as married.

Your bigger problem is that your marriage is invalid. You're not legally married.

We have lived together now for 15months. 3 months before we got married i meant

 

[k.h.p.]

We have lived together now for 15months. 3 months before we got married i meant

Doesn't matter.

To be common law, you have to have lived together for 12 months when you applied. Not now. But the day you applied.

And that doesn't matter since you applied as married and are not legally married.

You will unfortunately most likely be refused because your marriage was not legal. You know that point where you have to say "I know of no lawful impediment to me being married today"? Well, your undivorced marriage is a lawful impediment.

 

[canuck78]

Well she was not reachable fo a long time the last I remembeer was her telling me that the divorce was done. So it was not done intentionally

Most spouses would receive papers when getting divorced through their lawyer or through the courts. You needed to actually check that you were actually divorced before you were married again. Unfortunately your current marriage is not valid. You will have to refile for sponsorship. At this point you can apply as common law if you have been living together continuously for over a year.

 

[whiteangel19]

Most spouses would receive papers when getting divorced through their lawyer or through the courts. You needed to actually check that you were actually divorced before you were married again. Unfortunately your current marriage is not valid. You will have to refile for sponsorship. At this point you can apply as common law if you have been living together continuously for over a year.

Thank you.

 

[whiteangel19]

Doesn't matter.

To be common law, you have to have lived together for 12 months when you applied. Not now. But the day you applied.

And that doesn't matter since you applied as married and are not legally married.

You will unfortunately most likely be refused because your marriage was not legal. You know that point where you have to say "I know of no lawful impediment to me being married today"? Well, your undivorced marriage is a lawful impediment.

Thank you very much

 

[whiteangel19]

Doesn't matter.

To be common law, you have to have lived together for 12 months when you applied. Not now. But the day you applied.

And that doesn't matter since you applied as married and are not legally married.

You will unfortunately most likely be refused because your marriage was not legal. You know that point where you have to say "I know of no lawful impediment to me being married today"? Well, your undivorced marriage is a lawful impediment.

Thanks for your candid advise