Legal Advice

[pataka]

I'm a Canadian Citizen, naturalized in March 2010. I married a Filipina in July 3, 2010. After the wedding, I went back to Canada, waiting for her papers for her to finally live with me. After a few months, I started to notice that our communication started to deteriorate and finally was cut off. She blocked me in social networking sites and wouldn't answer my calls and messages.

When she got her spousal visa, she just emailed and stated that she doesn't love me anymore and wanted to part ways. With this, I thought she wouldn't go to Canada because she broke up with me. I found out later that she went to Canada in a different province. I also found out that her sexual preference is of the same sex.

I need legal help. I want to know the correct process on how to dissolve the marriage (or divorce). Do I need to get divorce in Canada? or annulment in the Philippines?
Article 26?



Thank you for your time. I tried to choose the most appropriate board for my question.

Thanks again.

 

[Leon]

To dissolve the marriage completely, you would need to file for annulment in the Philippines.

You could get divorced in Canada but your divorce will only be valid in countries that allow divorce. In the Philippines, you will still be seen as married so you can not get married in the Philippines again unless you get the annulment.

 

[pataka]

Thank you for the very specific answer Leon!

 

[PMM]

Hi

Thank you for the very specific answer Leon!

Report her to CIC.

 

[keesio]

Hi


Report her to CIC.

Yes, please do. It is import to report these people. It is cases like this that ruin it for the honest ones and bog down the whole system. Really irritates me to hear cases like this,

 

[pataka]

I reported her the moment I found out. They told me not to worry and not feel bad, and they were on the case. The gave me a confirmation number and that was it. According to my tax papers, It says separated on my status.

About my status, as she married me for convenience (marriage fraud) would I need to divorce to marry in the future? Or is my status single?

Thanks again for your time.

Googling for answers doesn't seem to bring anything up. Maybe I need a lawyer.

 

[Leon]

About my status, as she married me for convenience (marriage fraud) would I need to divorce to marry in the future? Or is my status single?

It does not matter for what reason she married you, it was a legal marriage and it still needs to be dissolved in order for you to marry again. Like I said in my first reply, if you want it completely dissolved, you would file for annulment in the Philippines. The grounds that she married you for convenience and never came to live with you may help you get the marriage annulled. If you do not care that you are still seen as married in the Philippines, you can divorce her in Canada or see if you can get it annulled in Canada.

If you marry again without getting this first marriage legally dissolved, your second marriage will be invalid in Canada and you will be guilty of bigamy. Bigamy is against the law in Canada, see http://yourlaws.ca/criminal-code-canada/290-offences-against-conjugal-rights

 

[pataka]

Thank you for taking the time to reply Leon. It just most of the forums and pages I have read didn't explicitly talk about it directly. Thanks again!

 

[frege]

Yes, please do. It is import to report these people. It is cases like this that ruin it for the honest ones and bog down the whole system. Really irritates me to hear cases like this,

I don't think it's a small number of cases like this that ruins it. It's CIC that can't get its act together. Every time a story like this ends up in the press, the government pounces on it to discredit immigration generally.