i do have a question for my friend...her situation is this...she was married in philippines but didn't changed her status until now her status is single until she get her citizenship as canadian and now my question is that can she get married? her boyfriend is US citizen..can they find out...? is there's anything to do under philippine law, now that she's canadian now....pls help my friend....they both know they're present situation now ..her husband in philippines has family already have kids....pls help her...
my friend
- Thread starter stik-o
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AtHomeInMontreal
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I am confused by the wording of your question.
Do I have this right:
1. She was married in the Philippines prior to coming to Canada as an immigrant?
2. She never declared that she was married when she came to Canada as an immigrant (lied on the application)?
3. She subsequently became a Canadian citizen?
4. She never got a divorce from her husband in the Philippines?
5. She continues to claim that she is single while living in Canada?
6. She now wants to marry a U.S. citizen without first obtaining a divorce?
7. You are trying to help her?
When you say that her husband in the Philippines has a family and already has kids, I assume that you mean that these children are your "friends" children, born before she left the Philippines? Or, is this story even more twisted in that the husband started a new family after she left?
Sorry, it sounds to me like your "friend" has a lot of legal problems, not the least of which would be fraud under Canadian immigration law (lying / hiding maritial status), citizenship fraud, possible child abandonment, potentially polygamy if she marries without obtaining a divorce first...
There is always a possibility that her true status will be uncovered.
At this point I think that your "friend" needs the advice of a very skilled lawyer.
Do I have this right:
1. She was married in the Philippines prior to coming to Canada as an immigrant?
2. She never declared that she was married when she came to Canada as an immigrant (lied on the application)?
3. She subsequently became a Canadian citizen?
4. She never got a divorce from her husband in the Philippines?
5. She continues to claim that she is single while living in Canada?
6. She now wants to marry a U.S. citizen without first obtaining a divorce?
7. You are trying to help her?
When you say that her husband in the Philippines has a family and already has kids, I assume that you mean that these children are your "friends" children, born before she left the Philippines? Or, is this story even more twisted in that the husband started a new family after she left?
Sorry, it sounds to me like your "friend" has a lot of legal problems, not the least of which would be fraud under Canadian immigration law (lying / hiding maritial status), citizenship fraud, possible child abandonment, potentially polygamy if she marries without obtaining a divorce first...
There is always a possibility that her true status will be uncovered.
At this point I think that your "friend" needs the advice of a very skilled lawyer.
they don't have children with her ex, they get married and went abroad not in canada yet, she went in singapore then apply as a nanny in canada after that she didn't hear anything from her ex in phil.,
yes we can say that she didn't declare her marital status, their story is that they get marry then didn't live together let's say they just sign and that's it...no living together...
and thank you very much for the advise..
yes we can say that she didn't declare her marital status, their story is that they get marry then didn't live together let's say they just sign and that's it...no living together...
and thank you very much for the advise..
AtHomeInMontreal
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stik-o said:
Stik-o,
This is a complex situation that may lead to very serious consequences for your friend.
My opinion is that your friend must take care of her marriage in the Philippines before she can legally marry again in Canada. I do not know what this would require from her. Perhaps someone familiar with the law in the Philippines can comment and give you some help. Polygamy is taken seriously in Canada and she can't just "forget" that she was married and get married again.
In addition, from what you've said, your friend did not disclose her marriage when she came to Canada as a nanny and on her later application for residency. She subsequently became a Canadian citizen based on her prior status. Basically, if it is learned that she lied on each application then she could lose her citizenship and be deported back to the Philippines.
Your friend seems to have a record of being less than truthful in situations that require honesty. This will eventually come back to haunt her... ...and in my opinion it is time to clean things up, if it is even possible to fix this situation at this point. The last thing she should be doing is to remarry and to hide an existing marriage - the hole she is digging just keeps getting deeper and deeper.
Once again I strongly suggest that she contact a lawyer to get a qualified legal opinion.
I hope that this helps.
thanks
thanks for the reply, we just read your message, what do you mean "The last thing she should be doing is to remarry and to hide an existing marriage?", whom she will remarry the she's dating with or her ex? so, there's no chance for her to get married even her status is single here? just a hint thanks....actually what are the requirements to get married here in north america. thank you for your very helpful advise...maybe this will be our last message here..thanks so much
thanks for the reply, we just read your message, what do you mean "The last thing she should be doing is to remarry and to hide an existing marriage?", whom she will remarry the she's dating with or her ex? so, there's no chance for her to get married even her status is single here? just a hint thanks....actually what are the requirements to get married here in north america. thank you for your very helpful advise...maybe this will be our last message here..thanks so much
Re: thanks
Her status here really isn't single - it's married. Yes - she declared herself single when she entered - but that's not her real status.
Her marriages in the Philippines is valid in Canada / North America. That means that if she gets married here, she will be committing bigamy and her new marriage won't actually be valid. The fact that she said she was single when she came here doesn't magically make her single.
To make a long story short, layering a lie on top of another lie will just increase the potential that she will have problems in the future (and yes - these problems could certainly include having her Canadian citizenship revoked).
stik-o said:
Her status here really isn't single - it's married. Yes - she declared herself single when she entered - but that's not her real status.
Her marriages in the Philippines is valid in Canada / North America. That means that if she gets married here, she will be committing bigamy and her new marriage won't actually be valid. The fact that she said she was single when she came here doesn't magically make her single.
To make a long story short, layering a lie on top of another lie will just increase the potential that she will have problems in the future (and yes - these problems could certainly include having her Canadian citizenship revoked).
You need to consult with a good lawyer. I don't see any way to fix this myself - but maybe a lawyer can help.
She lied about her status to become a PR in Canada. That's misrepresention. It also means that she lied to get Canadian citizenship. You can't go back in time and fix that.
She lied about her status to become a PR in Canada. That's misrepresention. It also means that she lied to get Canadian citizenship. You can't go back in time and fix that.
Ask her to check her status in the Philippines (get a certificate of no marriage). If she's married, she can seek an annulment (from the Philippines) so she's free to get married (long and expensive process, but considering the husband already has a family, maybe, just maybe, she can get an earlier decision). She can't go back in time and change the lies she has perpetrated, but she can start doing the right thing now. Sure she can get married and keep mum about all the lies but if she did get married, under Philippine law, the second marriage is null and void from the beginning. I don't know how it would look like in Canada considering living together for one year without the benefit of marriage would entitle you to become common law partners.
stik-o said:
Case in point is a clear manifestation of fraud because your friend lied on her declaration of her status when she applied for PR and then Citizenship. During PR application all family members must be subjected to background investigations and medical assessment. If your friend declared herself to be single she have committed fraud through misrepresentation. This alone was a valid ground for revocation of PR. If the same misrepresentation continues until the application of citizenship and the subsequent granting of the same, then all of them are invalid and therefore your friend din not earned any of those immigration status here in Canada. Even if she will initiate divorce proceedings in Canada against the husband in the Philippines it is still invalid because these are all after the fact. Even though they did not live together they signed the Certificate of Marriage and it was registered with the National Statistics Office and therefore the individual will not be entitled to a CENOMAR. Marrying the US citizen BF only complicates the matter for this will be view under Philippine law as bigamy and therefore ab initio or void since the start. Even if the person obtained a petition for the declaration of the nullity of the previous marriage, this will not correct the immigration issues raised before and therefore the lie will just multiply. Good luck in finding a good lawyer. Cheers.
by all this means..is there's any lawyer wants to hold her case? what type of lawyer she get an immigration lawyer or marriage lawyer? how long it will take this case? can she go to jail for this? what are the cases could be happen?, if she will start to fix this? yes we will find a good lawyer for this..thanks
No lawyer can fix the fact that she lied on her PR application and declared herself as single. It is impossible to fix this misrepresentation since it's in the past. She just has to hope it is never caught - or if it is caught, CIC decides not to take action against her. If CIC decides to take action against her, she could lose her citizenship status and be asked to leave the country.
AtHomeInMontreal
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Hello again Stik-o,
I really think it would be a good idea for her to speak to a lawyer for a number of reasons:
First, she will learn what her true "exposure" is given the misrepresentations that she made in the past. She needs to understand what the consequences of her actions will be if/when she is caught.
Second, there may be some way for a lawyer to manage her situation to lessen the chances of her having to leave Canada in the future. Honestly, I don't know of anything that could be done - but I'm not a lawyer.
Third, I believe that most people on the board would agree that doing nothing at all will only make things worse as time goes along.
Finally, you are asking for help from a group of people that did everything they could to "do the right thing" when they came to Canada (or sponsored someone that did). The thought of a spelling error on our applications literally kept us up at night. I don't think that this group is the best one to answer your questions - we don't have the experience.
Hope is something that should never be abandoned. She will have to face the fact that she is here under false pretenses and that, quite frankly, she does not have the right to stay. If you seek a lawyer you will understand your options, if any. Someone will at least agree to hear her situation and to give that advice. She may not like what she hears though.
Take care,
I really think it would be a good idea for her to speak to a lawyer for a number of reasons:
First, she will learn what her true "exposure" is given the misrepresentations that she made in the past. She needs to understand what the consequences of her actions will be if/when she is caught.
Second, there may be some way for a lawyer to manage her situation to lessen the chances of her having to leave Canada in the future. Honestly, I don't know of anything that could be done - but I'm not a lawyer.
Third, I believe that most people on the board would agree that doing nothing at all will only make things worse as time goes along.
Finally, you are asking for help from a group of people that did everything they could to "do the right thing" when they came to Canada (or sponsored someone that did). The thought of a spelling error on our applications literally kept us up at night. I don't think that this group is the best one to answer your questions - we don't have the experience.
Hope is something that should never be abandoned. She will have to face the fact that she is here under false pretenses and that, quite frankly, she does not have the right to stay. If you seek a lawyer you will understand your options, if any. Someone will at least agree to hear her situation and to give that advice. She may not like what she hears though.
Take care,