Sponsoring my wife and son to Canada - Conjugal sponsorship?

[Richard G.]

Hello everyone,

My name is Richard (23 yrs old), I have a wife (21 yrs old) and son (6 months old) that are still in the Philippines... I am a Permanent Resident in Canada since 2008, and I live here with my family. Our relationship has been almost two years but we have not lived together due to the fact that I have to stay in Canada to be able to work, and support them.

I am gonna try my best to make our story short...

First of all, my wife was married to a Japanese. The wedding took place in the Philippines, and then they lived in Japan. Unfortunately, their marriage didn't work out. So, they had to file a divorce, which my wife did sign before she left Japan, and then she went back to the Philippines. My wife stayed with her Aunty (Filipino), and Uncle (Japanese) before she left Japan. Also, because my wife couldn't read and speak in Japanese; her Aunty & Uncle told her that they'll take care of the Divorce papers; but they didn't send the Divorce papers to the government of Japan as they were against our relationship, and didn't want us to be together. Furthermore, my wife and I decided to have our first baby and so I told her to just move back to the Philippines and I'll take over on all of her responsibilities, which is to support her family back home.


So, basically my wife's status is still married in the Philippines and Japan.

Last year, we filed an annulment in the Philippines but unfortunately the lawyer just faked us, she just took away our money (200k pesos) for nothing. And we also applied for TRV last year (December) just to be able to be able for them to visit me here but it was denied
It has been hard for me to be far away from my family. I wanted to stay with them in the Philippines but I couldn't as I have to work here to be able to fulfill my wife's responsibilities, which is to support her whole family and to be able to pay for the mortgage - it is a huge amount of money that I need to send to them monthly, which also forced me to stop my studies for now (BScN)...

It has been hard for me and I don't know what else to do... I'm starting to lose hope with everything that's been happening to us... Anyway, I have talked to another lawyer in the Philippines to help us start a new application for annulment.
I have also asked for help from the MLA here in Canada, and they have advised me that I can apply for conjugal sponsorship but then a week after they said, I couldn't apply my family for Conjugal sponsorship because my wife is still married.



I'm just taking chances here wishing that MLA just missed an important information.




My question is CAN I SPONSOR MY WIFE AND SON USING "CONJUGAL SPONSORSHIP" EVEN THOUGH MY WIFE'S STATUS IN THE PHILIPPINES AND JAPAN IS STILL MARRIED?




Please and Thank you,

Richard

 

[Awesomeg]

Hello everyone,

My name is Richard (23 yrs old), I have a wife (21 yrs old) and son (6 months old) that are still in the Philippines... I am a Permanent Resident in Canada since 2008, and I live here with my family. Our relationship has been almost two years but we have not lived together due to the fact that I have to stay in Canada to be able to work, and support them.

I am gonna try my best to make our story short...

First of all, my wife was married to a Japanese. The wedding took place in the Philippines, and then they lived in Japan. Unfortunately, their marriage didn't work out. So, they had to file a divorce, which my wife did sign before she left Japan, and then she went back to the Philippines. My wife stayed with her Aunty (Filipino), and Uncle (Japanese) before she left Japan. Also, because my wife couldn't read and speak in Japanese; her Aunty & Uncle told her that they'll take care of the Divorce papers; but they didn't send the Divorce papers to the government of Japan as they were against our relationship, and didn't want us to be together. Furthermore, my wife and I decided to have our first baby and so I told her to just move back to the Philippines and I'll take over on all of her responsibilities, which is to support her family back home.


So, basically my wife's status is still married in the Philippines and Japan.

Last year, we filed an annulment in the Philippines but unfortunately the lawyer just faked us, she just took away our money (200k pesos) for nothing. And we also applied for TRV last year (December) just to be able to be able for them to visit me here but it was denied
It has been hard for me to be far away from my family. I wanted to stay with them in the Philippines but I couldn't as I have to work here to be able to fulfill my wife's responsibilities, which is to support her whole family and to be able to pay for the mortgage - it is a huge amount of money that I need to send to them monthly, which also forced me to stop my studies for now (BScN)...

It has been hard for me and I don't know what else to do... I'm starting to lose hope with everything that's been happening to us... Anyway, I have talked to another lawyer in the Philippines to help us start a new application for annulment.
I have also asked for help from the MLA here in Canada, and they have advised me that I can apply for conjugal sponsorship but then a week after they said, I couldn't apply my family for Conjugal sponsorship because my wife is still married.



I'm just taking chances here wishing that MLA just missed an important information.




My question is CAN I SPONSOR MY WIFE AND SON USING "CONJUGAL SPONSORSHIP" EVEN THOUGH MY WIFE'S STATUS IN THE PHILIPPINES AND JAPAN IS STILL MARRIED?

I have seen cases where that works,
What you can not do is to get married legally
while she remains legally married.

You can try and Immigrations has the last word,
I believe that the fact that you have a kid together
makes the case stronger. But being her married
while she got pregnant Immigration may ask for
proof that the child is actually yours. For that
effect they normally ask for ADN test.
So, you guys need to be prepared to provide all information
required.
Your case may take longer than normal, but I see hope,
Good luck




Please and Thank you,

Richard

 

[Richard G.]

First of all, I want to thank you so much...


We are very sure that I am the father of my son because by the time that our relationship started, my wife and her ex-husband have already separated months ago.

Just to clarify, you mean to say that we can do conjugal sponsorship even if my wife is still legally married to her ex-husband in the Philippines?

 

[Rob_TO]

My question is CAN I SPONSOR MY WIFE AND SON USING "CONJUGAL SPONSORSHIP" EVEN THOUGH MY WIFE'S STATUS IN THE PHILIPPINES AND JAPAN IS STILL MARRIED?

Yes you can. One of the main uses of conjugal sponsorship, is in cases where the applicant is married to someone else and lives in a country where divorce is illegal (like Philippines). And also since living with a married person is also illegal in Philippines, and she has been denied a TRV to Canada, common-law would also be impossible. So conjugal is your best and perhaps only option.

If she wasn't married, then conjugal wouldn't apply to you as you could get married.