NAIROBI CHC: I NEED PEOPLE WHO CAN CRACK THIS ROCKET SCIENCE CASE.

[Rob_TO]

That is actually the truth because. My husband never slept with his first wife and never met her in person.

Consummating the marriage has nothing to do with it. If what other have said is true and proxy marriages like his are allowed under CIC rules, then his first marriage would be legally valid, no matter if they met each other or not. Since you can't be married to 2 people at once, the 2nd marriage to you could not be legal/valid.

You should be prepared to get married again.

 

[Rob_TO]

Rob TO We are not talking about common law. We are discussing marriage, and being married to 2 people at the same time. If what you say is correct it would mean that the 2nd marriage is a valid marriage since a divorce has now been obtained from the 1st but it is not. It is bigamy.

You can't be married to 2 people at once. If the first marriage is valid, then by law you can't get married to a second person so the second marriage would not be valid in the first place.

however the divorce has to be final prior to landing.

I'm pretty sure this is wrong, as i've never read any such rule in any of the CIC manuals.

 

[Naomi39]

Consummating the marriage has nothing to do with it. If what other have said is true and proxy marriages like his are allowed under CIC rules, then his first marriage would be legally valid, no matter if they met each other or not. Since you can't be married to 2 people at once, the 2nd marriage to you could not be legal/valid.

You should be prepared to get married again.

Yes we are prepared to redo the civil marriage anytime they send us their decision. Again Jomz I really thanks you for that link. We are expecting CAIPS NOTES in 4 weeks.

 

[jomz]

I personally know someone (an Egyptian) who was sponsored to Canada by his wife, and after approximately a year they separated. He was unaware that he has to get legally divorced before marrying someone else. His main thought process was that since their Egyptian marriage was not registered in Canada he is not "legally married" in Canada :-X So instead of accepting his marriage proposal I gave him free legal advice LOL

Additionally, one of my good friends who is Palestinian, married in Palestine and sponsored her husband to Canada. They were married for almost 5 years, after they separated, her husband went back to Palestine and divorced her there and re-married. Well was he in for a surprise when he came back to Canada. He was not able to sponsor his 2nd wife until he legally divorces in Canada and since he was not a very nice person his 1st wife really made him sweat and gave him a run around in exchange for a big monetary compensation for not reporting him for bigamy.

 

[Naomi39]

I personally know someone (an Egyptian) who was sponsored to Canada by his wife, and after approximately a year they separated. He was unaware that he has to get legally divorced before marrying someone else. His main thought process was that since their Egyptian marriage was not registered in Canada he is not "legally married" in Canada :-X So instead of accepting his marriage proposal I gave him free legal advice LOL

Additionally, one of my good friends who is Palestinian, married in Palestine and sponsored her husband to Canada. They were married for almost 5 years, after they separated, her husband went back to Palestine and divorced her there and re-married. Well was he in for a surprise when he came back to Canada. He was not able to sponsor his 2nd wife until he legally divorces in Canada and since he was not a very nice person his 1st wife really made him sweat and gave him a run around in exchange for a big monetary compensation for not reporting him for bigamy.

We know that everything is pointing to redo our civil marriage and I do appreciate your ideas. Very soon they may contact us because my medical will expire today. Jomz can review that email my husband was sent via hi MP and tell me what you understand please and thank you.

 

[jomz]

From: re-nrobi
Sent: November-01-13 2:36 AM
To: Ashley McCormack- Riding 1B
Subject: RE: MP INQUIRY

Good morning,
The application is on queue for review by an officer. We received information from the sponsor in response to our request for a divorce certificate from his previous marriage Ok so based on the officers review they will make recommendation if you are a family class member who can be sponsored (If they notice, which is likely, that your marriage took place before the divorce was finalized, the officer will assess that you are not a member of family class as your marriage is not valid therefore you are not eligible to be sponsored; 2. if they do not connect the dates, which is highly unlikely, they will complete processing your file, including sending you instructions to re-do your medicals) . Once the review is complete, the client/sponsor will be advised of the next steps.
Should the medicals expire; new instructions will be sent to the client if the officer decides that the client is eligible.
Regards

 

[Naomi39]

From: re-nrobi
Sent: November-01-13 2:36 AM
To: Ashley McCormack- Riding 1B
Subject: RE: MP INQUIRY

Good morning,
The application is on queue for review by an officer. We received information from the sponsor in response to our request for a divorce certificate from his previous marriage Ok so based on the officers review they will make recommendation if you are a family class member who can be sponsored (If they notice, which is likely, that your marriage took place before the divorce was finalized, the officer will assess that you are not a member of family class as your marriage is not valid therefore you are not eligible to be sponsored; 2. if they do not connect the dates, which is highly unlikely, they will complete processing your file, including sending you instructions to re-do your medicals) . Once the review is complete, the client/sponsor will be advised of the next steps.
Should the medicals expire; new instructions will be sent to the client if the officer decides that the client is eligible.
Regards

Thanks for that analytical eye Jomz that is what we thought too. Let's say the VO don't connect the dates and issue a visa can CIC revoke my PR if I was already in Canada?

 

[Rob_TO]

I personally know someone (an Egyptian) who was sponsored to Canada by his wife, and after approximately a year they separated. He was unaware that he has to get legally divorced before marrying someone else. His main thought process was that since their Egyptian marriage was not registered in Canada he is not "legally married" in Canada :-X So instead of accepting his marriage proposal I gave him free legal advice LOL

Additionally, one of my good friends who is Palestinian, married in Palestine and sponsored her husband to Canada. They were married for almost 5 years, after they separated, her husband went back to Palestine and divorced her there and re-married. Well was he in for a surprise when he came back to Canada. He was not able to sponsor his 2nd wife until he legally divorces in Canada and since he was not a very nice person his 1st wife really made him sweat and gave him a run around in exchange for a big monetary compensation for not reporting him for bigamy.

If they had just entered into a common-law relationship instead of trying to marry their new spouse, then they would never have needed to get divorced from their first spouse in order to apply for or land as PR!

 

[jomz]

Thanks for that analytical eye Jomz that is what we thought too. Let's say the VO don't connect the dates and issue a visa can CIC revoke my PR if I was already in Canada?

I am not sure if they can revoke it.
I am also unsure about one other thing, if you need to re-marry your spouse, I think you will actually need to divorce legally first. You may need to do some research on this.

 

[jomz]

If they had just entered into a common-law relationship instead of trying to marry their new spouse, then they would never have needed to get divorced from their first spouse in order to apply for or land as PR!

Not everyone can be in a common law relationship. Me and my husband are muslim and it is punishable by law in my husband's country to have this type of relationship (carries a prison term), and most importantly it is against our religious beliefs. So common law is not for everyone.

 

[Naomi39]

I am not sure if they can revoke it.
I am also unsure about one other thing, if you need to re-marry your spouse, I think you will actually need to divorce legally first. You may need to do some research on this.

Do you mean that I have to divorce my husband then remarry? Oh no if they reject our marriage it means that it is invalid right Rob-T.

 

[jomz]

Do you mean that I have to divorce my husband then remarry? Oh no if they reject our marriage it means that it is invalid right Rob-T.

I am not entirely sure if you have to divorce and re-marry or just re-marry. You don't have to divorce under Canadian law, because your marriage is not valid here, but is your marriage valid in Kenya ‎? If yes, than you would need to dissolve that marriage and re-marry. I only know of cases in the middle east (where legally a man can have multiple wives) and in those cases they did divorce and re-marry in their home country (ie Iran, Pakistan). I don't know the family laws in Kenya ‎so I cannot really comment.

 

[Naomi39]

I am not entirely sure if you have to divorce and re-marry or just re-marry. You don't have to divorce under Canadian law, because your marriage is not valid here, but is your marriage valid in Kenya ‎? If yes, than you would need to dissolve that marriage and re-marry. I only know of cases in the middle east (where legally a man can have multiple wives) and in those cases they did divorce and re-marry in their home country (ie Iran, Pakistan). I don't know the family laws in Kenya ‎so I cannot really comment.

Thanks but I don't know if that first marriage is valid with CIC in Kenya. Alright I thought you Saudi have to divorce my husband and remarry him. If they dissolve our marriage we will remarry very soon. But this proxy marriage is not legally accepted in my home country though people do it.

 

[wowsers]

Naomi 39's 2 threads are becoming a huge waste of everyone's time. If the first marriage was valid, there was no second marriage and it follows that no divorce is required before Naomi 39 can get married again. I do not know what Kenya has got to do with anything: Naomi 39 told us that she 'married' in the DRC and now lives in Zambia. What she means in her latest post in saying that 'this proxy marriage is not legally accepted in my home country' goodness only knows. Home country equals Zambia? DRC? Kenya?? If it means DRC then the first marriage would I suspect not be recognized in Canada because even if Canada recognizes proxy marriages it is highly likely that it recognizes such marriages only if they are recognized as valid by the law of the state in which they are celebrated. So if the DRC does not recognize proxy marriages, neither is Canada likely to do so. In that case Naomi 39 is legally married because her husband's first marriage would be invalid. Touching on Rob_TO's point, divorces in some jurisdictions (England and Wales for example) are granted in 2 stages: the decree nisi stage and the decree absolute stage. The marriage is not dissolved until the second stage. I suspect (but do not know for sure) that Canada would only recognize a divorce in such cases if there has been a decree absolute. I have no idea how DRC divorces work.

 

[Naomi39]

Naomi 39's 2 threads are becoming a huge waste of everyone's time. If the first marriage was valid, there was no second marriage and it follows that no divorce is required before Naomi 39 can get married again. I do not know what Kenya has got to do with anything: Naomi 39 told us that she 'married' in the DRC and now lives in Zambia. What she means in her latest post in saying that 'this proxy marriage is not legally accepted in my home country' goodness only knows. Home country equals Zambia? DRC? Kenya?? If it means DRC then the first marriage would I suspect not be recognized in Canada because even if Canada recognizes proxy marriages it is highly likely that it recognizes such marriages only if they are recognized as valid by the law of the state in which they are celebrated. So if the DRC does not recognize proxy marriages, neither is Canada likely to do so. In that case Naomi 39 is legally married because her husband's first marriage would be invalid. Touching on Rob_TO's point, divorces in some jurisdictions (England and Wales for example) are granted in 2 stages: the decree nisi stage and the decree absolute stage. The marriage is not dissolved until the second stage. I suspect (but do not know for sure) that Canada would only recognize a divorce in such cases if there has been a decree absolute. I have no idea how DRC divorces work.

Wowsers sorry for being straight with you. I don't appreciate your attitude and approaches to my threads and comments. You sound unfriendly. If I meant DRC it's because I come from there and it meant Zambia, because I live here and Kenya is my CHC. I don't see a problem if I said DRC does not acknowledge proxy marriage because I asked someone who is a lawyer. I am not westing nobody's time neither yours. There is never a stupid questions said my professors. I did not intend to be mean you but to call your attention to stop grieving my heart. I invite everyone who can give me ideas and clarifications to my questions, I am sorry to all of you. Because this person like to make me feel little sometime when he comments on my threads and I have never reacted, today I think it will be appropriate to address this issue once and for all. Everyone who connect to this forum is looking for assistance, there is no one here who knows everything but we are to assist each other.

Thanks.