2nd family class Sponsorship

[Athletico2K17]

It's been over a year since I applied to sponsor my wife. Medical and police certificate have been submitted and was just waiting for PR approval until we received email stating that they doubt the genuineness of our marriage and my divorce certificate. Their concern about the divorce certificate is that it was issued in Ghana though both my ex-wife and I reside in Canada. Let me point out that my ex-wife sought for the divorce in Ghana with a consent letter from me.

I contacted a lawyer in Ghana to do a check on the divorce and to my dismay, I was told my ex-wife didn't follow the procedure for acquiring a divorce so technically the divorce certificate is fake. As such, I'm still married to my ex-wife legally meaning my second marriage is null and void.

Please help on how to respond.

Thank you

 

[Shineon39]

First, I think you should write a letter to IRCC to explain that you didn't know that your divorce certificate was a fake. Then get a real one.

 

[Miraclejj]

First, I think you should write a letter to IRCC to explain that you didn't know that your divorce certificate was a fake. Then get a real one.

The problem he has is that his current spousal sponsorship application will be refused by CIC, since he actually still is married to his "ex" wife.

 

[canuck_in_uk]

It's been over a year since I applied to sponsor my wife. Medical and police certificate have been submitted and was just waiting for PR approval until we received email stating that they doubt the genuineness of our marriage and my divorce certificate. Their concern about the divorce certificate is that it was issued in Ghana though both my ex-wife and I reside in Canada. Let me point out that my ex-wife sought for the divorce in Ghana with a consent letter from me.

I contacted a lawyer in Ghana to do a check on the divorce and to my dismay, I was told my ex-wife didn't follow the procedure for acquiring a divorce so technically the divorce certificate is fake. As such, I'm still married to my ex-wife legally meaning my second marriage is null and void.

Please help on how to respond.

Thank you

IRCC will likely believe that you knew the certicate was fake. Can you prove otherwise?

Have you lived with your partner continuously for at least a year?

 

[Athletico2K17]

First, I think you should write a letter to IRCC to explain that you didn't know that your divorce certificate was a fake. Then get a real one.

Thanks Shineon39 for your response. I've been getting similar advise too that I should withdraw the application, do a proper divorce here in Canada, legally remarry my current wife then submit a new application.

What do you think about that?

 

[Athletico2K17]

IRCC will likely believe that you knew the certicate was fake. Can you prove otherwise?

Have you lived with your partner continuously for at least a year?

@canuck_in_uk, thanks for your response. My current wife lives in Ghana and I am here in Canada so we haven't continuously lived together for a year.

 

[scylla]

Thanks Shineon39 for your response. I've been getting similar advise too that I should withdraw the application, do a proper divorce here in Canada, legally remarry my current wife then submit a new application.

What do you think about that?

You want to do whatever you can to avoid a misrepresentation finding. If there's a misrepresentation finding, IRCC could ban your wife from Canada for five years.

You need to respond to the letter. I would come clean and tell IRCC exactly what you've found out. I would include any written correspondence from the lawyer in Ghana. I would tell IRCC that you are withdrawing the application now that you understand the divorce wasn't legally finalized - and that you will resubmit the application once the divorce is fully legal and you are legally married.

At least that's my two cents...

 

[Athletico2K17]

You want to do whatever you can to avoid a misrepresentation finding. If there's a misrepresentation finding, IRCC could ban your wife from Canada for five years.

You need to respond to the letter. I would come clean and tell IRCC exactly what you've found out. I would include any written correspondence from the lawyer in Ghana. I would tell IRCC that you are withdrawing the application now that you understand the divorce wasn't legally finalized - and that you will resubmit the application once the divorce is fully legal and you are legally married.

At least that's my two cents...

@scylla, thanks so much for your response. It's well noted.

 

[canuck_in_uk]

@canuck_in_uk, thanks for your response. My current wife lives in Ghana and I am here in Canada so we haven't continuously lived together for a year.

As said above, you guys need to do all you can to prove that you didn't know it was a fake certificate to avoid a misrepresentation finding.

As you are not married or common-law, you cannot sponsor your partner, so withdraw. Once you sort out the divorce, you can get married legally and apply again, provided there is no ban for your partner for misrepresentation