Proxy marriage

[Kinderday]

Hello all, I need someone who can help me out with a solution.
I got to know my wife through Internet in Feb 2021 and got married 2month after we met then she got PR card in Jan 2023 . All of sudden , she has changed her mind that we are planning to divorce right now. I have a question here. when we got married, we did not get married in Canada. She registerd outside of country (we never physically present outside of country) by he sister's proxy application while we were in Canda. then her sister sent the certificate to us that we registered in canada with that application. As I know, you may be exempt proxy marriage if you are a member of Canadian Armed Force, you could not be physically present at your marriage ceremony due to travel restrictions related. However, I was not Canadian Armed Forces when her sister registered outside of Canada. Should I report to Border Watch? If I report to them what is gonna happened? I've met a few lawyers, but I don't know immigration laws. please help me out. thank you for reading all.

 

[scylla]

Hello all, I need someone who can help me out with a solution.
I got to know my wife through Internet in Feb 2021 and got married 2month after we met then she got PR card in Jan 2023 . All of sudden , she has changed her mind that we are planning to divorce right now. I have a question here. when we got married, we did not get married in Canada. She registerd outside of country (we never physically present outside of country) by he sister's proxy application while we were in Canda. then her sister sent the certificate to us that we registered in canada with that application. As I know, you may be exempt proxy marriage if you are a member of Canadian Armed Force, you could not be physically present at your marriage ceremony due to travel restrictions related. However, I was not Canadian Armed Forces when her sister registered outside of Canada. Should I report to Border Watch? If I report to them what is gonna happened? I've met a few lawyers, but I don't know immigration laws. please help me out. thank you for reading all.

Did she get PR by being sponsored by you?

When you say that you got married by proxy, are you saying that you were not together in person when you got married but where each in a different country?

 

[Kinderday]

Thank you for replying. Yes. I sponsored her to get PR. That time we were in Canada but she registered in a different country where her sister lived.

 

[scylla]

Thank you for replying. Yes. I sponsored her to get PR. That time we were in Canada but she registered in a different country where her sister lived.

It's fine to register a marriage in a different country. Canada requires you to both be together in person when you get married. The kind of proxy marriages that are not recognized is where the two people getting married are not together in the same country / location at the time the marriage takes place. If your marriage was accepted for spousal sponsorship purposes, then there is no issue with it.

I don't think there is anything to report to CBSA with regards to your marriage.

On the other hand, if you think your wife entered into a marriage of convenience with you for the sake of obtaining PR (and you have evidence of this), then you can certainly try reporting this to CBSA. Whether they do anything about your report is a different matter. None of us here can guess what will happen.

 

[Kinderday]

Thank you Scylla for your comment. It really helped.

 

[Kinderday]

1 more question for you. We lived in Canada. However, we never lived together. She lived with her 2sons, while I lived myself. Only she visited my place 1 or 2days a week.

 

[scylla]

1 more question for you. Even before we registered marriage , we never lived together. She lived with her 2sons, while I lived myself. Only she visited my place 1 or 2days a week.

There's no requirement to live together to get married.

 

[Kinderday]

Thank you for your help. I really appreciate it.

 

[Kinderday]

1.2 What it means to be “physically present”

In order for individuals to be considered physically present at a marriage ceremony, both parties (e.g. sponsor and spouse or principal applicant and accompanying spouse) must have participated in a wedding ceremony in person.

This is a definition of Physically present from IRCC. Both of us were not participated in a wedding ceremony. All she wanted to get a marriage certificate outside of country where is a legal which was a paper marriage. Does it still count as a legal in Canada?

 

[scylla]

1.2 What it means to be “physically present”

In order for individuals to be considered physically present at a marriage ceremony, both parties (e.g. sponsor and spouse or principal applicant and accompanying spouse) must have participated in a wedding ceremony in person.

This is a definition of Physically present from IRCC. Both of us were not participated in a wedding ceremony. All she wanted to get a marriage certificate outside of country where is a legal which was a paper marriage. Does it still count as a legal in Canada?

I think you need to speak with a lawyer. It's too difficult to understand what has happened and it sounds like this situation is complicated.

Your spousal sponsorship application was approved based on your marriage certificate. This means IRCC determined your marriage and marriage certificate were acceptable. If you think there was an issue with how the marriage was conducted, then how was your sponsorship application approved?

Speak with a lawyer.

 

[steaky]

I've met a few lawyers, but I don't know immigration laws. please help me out. thank you for reading all.

I suggest you talk to immigration lawyer such as the host of this forum. A tax lawyer would not be of much help.

 

[Kinderday]

Thank you!

 

[Impatient Dankaroo]

Call and tell the CBSA that she used the marriage as a sham

 

[Kinderday]

I suggest you talk to immigration lawyer such as the host of this forum. A tax lawyer would not be of much help.

Thank you

 

[Kinderday]

Call and tell the CBSA that she used the marriage as a sham

Thank you. I will.