Divorce and 2nd marriage??

[Kelly77]

Hi
My cousin and his wife with 3 kids lived and worked in canada for 5 years. Having taken oath they left Canada and went back to India and lived there for 2 years and recently got divorced.

my cousin got married to another girl 7 months ago. He is planning to return to Canada to re-build his career and life while his divorced wife decided to live and work in india with her kids.

My question is what would be the procedure for him to bring his new wife to canada?

And does he need to inform about his divorce to cic? if yes how?

 

[Goldline]

My question is what would be the procedure for him to bring his new wife to canada?

And does he need to inform about his divorce to cic? if yes how?

Same procedure as he did with the first wife.
No need to inform anybody of a divorce but when he start the sponsorship process, if asked ( maybe there is a question in the form about previous marriages) he will have to tell them but if not asked No need to tell anybody. I think in the form they ask if you have any kids... so obviously he will tell about the previous marriage.

 

[Kelly77]

Same procedure as he did with the first wife.
No need to inform anybody of a divorce but when he start the sponsorship process, if asked ( maybe there is a question in the form about previous marriages) he will have to tell them but if not asked No need to tell anybody. I think in the form they ask if you have any kids... so obviously he will tell about the previous marriage.

Can he sponsor his wife from india. Isn't it one of the requirements of sponsorship that the candidate who is sponsoring should be doing job and earning upto a certain level of funds?

one more thing: Doesn't he need to register his divorce in Canada like we register out marriage.

What proof will he provide to assure he's divorced his 1st wife otherwise he'll be countable and could be charged for polygamy???

Please help if anyone knows laws about this

 

[SenoritaBella]

You said he(your cousin) has taken the oath so I assume, he is a Canada citizen. Citizens can sponsor their spouses while living outside the country but they must submit proof of their intention to return to Canada, if CIC approves their spouse's PR visa. Examples of proof include a job offer in Canada or job searches, leasing an apartment/mortgage, etc anything you would normally when moving, etc.

There are no income requirements to sponsor a spouse or dependent children. He does not need to have a job to sponsor his wife, but it is recommended to include a plan for how he will support himself and her while in Canada. If family members would be offering them a place to stay until they get on their feet or buying them groceries, etc then get a letter from them attesting to it and include with the application. If he and/or she have any savings, investments, etc include it. The more he does to satisfy the officer that going on welfare isn't likely, the better for them.

For proof that he is divorced, he can provide the divorce decree from a court. I hope he got a divorce first before marrying the new wife? This is the only way CIC(or Canada for that matter) will recognise the new marriage as valid.

 

[carluccio]

Hi
My cousin and his wife with 3 kids lived and worked in canada for 5 years. Having taken oath they left Canada and went back to India and lived there for 2 years and recently got divorced.

my cousin got married to another girl 7 months ago. He is planning to return to Canada to re-build his career and life while his divorced wife decided to live and work in india with her kids.

My question is what would be the procedure for him to bring his new wife to canada?

And does he need to inform about his divorce to cic? if yes how?

Good luck.

 

[Kelly77]

You said he(your cousin) has taken the oath so I assume, he is a Canada citizen.
For proof that he is divorced, he can provide the divorce decree from a court. I hope he got a divorce first before marrying the new wife? This is the only way CIC(or Canada for that matter) will recognise the new marriage as valid.

Thanks for taking time +1
yes he is Canadian citizen.

He divorced his wife before the 2nd marriage but he doesn't have any court order or certificate for that.

 

[SenoritaBella]

So what did he have to proof he was divorced? Was it a 'cultural' type of divorce with no documents? CIC would need some kind of proof.

Thanks for taking time +1
yes he is Canadian citizen.

He divorced his wife before the 2nd marriage but he doesn't have any court order or certificate for that.

 

[scylla]

So what did he have to proof he was divorced? Was it a 'cultural' type of divorce with no documents? CIC would need some kind of proof.

Agreed. He's going to need court documents to show the divorce happened and these documents will have to be dated prior to his marriage to his new wife. Otherwise the sponsorship application won't be approved.

 

[Kelly77]

So what did he have to proof he was divorced? Was it a 'cultural' type of divorce with no documents? CIC would need some kind of proof.

Yes you are right. It is a a 'cultural' type of divorce . Both their parents were relatives so no problems.

He can get the proof but it would be in latest dates. What are the implications? Could he be punished for polygamy

 

[SenoritaBella]

I don't think he will be punished for polygamy. He just can't bring both wives to Canada.

The issue now is to find out whether getting divorce documents with dates that are signed after his 2nd marriage may make the 2nd marriage not valid (for CIC). When they do the cultural type divorce, is it registered anywhere? Are there some things they need to do? Can you get some kind of proof?

 

[Kelly77]

I don't think he will be punished for polygamy. He just can't bring both wives to Canada.

The issue now is to find out whether getting divorce documents with dates that are signed after his 2nd marriage may make the 2nd marriage not valid (for CIC). When they do the cultural type divorce, is it registered anywhere? Are there some things they need to do? Can you get some kind of proof?

Only witnesses who were present there. Would it suffice? it's not registered anywhere yet

 

[novembre2013]

I got divorced in 2009 and married again in 2012 with my actual husband.
when I applied for citizenship, I had to submit my divorce certificate.
Now I am sponsoring my current husband and still I have been asked to join my divorce certificate even though I got married in canada.

 

[eileenf]

Only witnesses who were present there. Would it suffice? it's not registered anywhere yet

It's possible that notarized/solemnized letters or affidavits from witnesses or any religious or cultural authorities who presided at the divorce ceremony might be sufficient. I recommend calling the Call Centre and also consulting with a settlement agency or an immigration lawyer to verify.

Also, if there's any English or French language documentation that authoritatively states that this type of ceremony is how divorce is practiced in your home region, culture or religion, that might be helpful to CIC. This would be particularly helpful if there are not a lot of members of your cultural group in Canada.

 

[poushi24]

I got divorced in 2009 and married again in 2012 with my actual husband.
when I applied for citizenship, I had to submit my divorce certificate.
Now I am sponsoring my current husband and still I have been asked to join my divorce certificate even though I got married in canada.

If your cousin still in India he should request for divorce decree from court even if it is current date. then he should register his marriage after divorce document receive, that way his marriage will be after divorce decree and his 2nd marriage certificate date will after divorce certificate issued.

 

[Kelly77]

If your cousin still in India he should request for divorce decree from court even if it is current date. then he should register his marriage after divorce document receive, that way his marriage will be after divorce decree and his 2nd marriage certificate date will after divorce certificate issued.

Thanks
novembre2013
eileenf
poushi24

for sharing your thoughts

just wondering......(not my personal circumstances) if my husband marries a 2nd wife without divorce and keeps the 2nd wife in shadow.....what does the law say...

or what if he doesn't declare his 2nd marriage

or .... keeps 2nd wife as civil partner or law partner

being paranoid, isn't it? Don't judge me guys...they're only few questions???