Not being granted a Marriage Certificate

[nestee]

Hi all,

I have a bit of a serious problem which I hope has some precedence and solutions...

I've been in Afghanistan for the last few months, had my wedding and have been trying to register my marriage with the courts. I've brought my Statement in Lieu of Non-Impediment for Marriage Abroad, and Marriage Search Certificate from British Columbia, both authenticated by Foreign Affairs Canada. The courts here however are not recognizing either of these as sufficient evidence that I'm single. Hence, I cannot appear before the courts to register the marriage and get a Marriage Certificate.

I've gone to the Canadian Embassy here, spoke with the higher ups and have been told that they cannot do anything about this since it is a personal matter, and also an internal Afghanistan matter which they cannot interfere with. Technically, the Statement of Non-Impediment doesn't actually confirm that I am single (Canadian gov cannot do that since there is no central database), and the BC Search Certificate is only specific to BC (ie. I would need a Search Certificate from every province). I have gone to 4 different courts here and its been the same problem. In addition to this is, I've been told by the locals here that there are also prejudices at play since I am a foreigner (Iranian by birth and Canadian citizen) marrying an Afghan woman, and the technicalities that are raised are really an excuse to give me grief and not register the marriage. I have noticed this myself.

The obvious questions are...

Does anyone know if this situation has taken place before and possible solutions?

Will my spousal application be rejected if I don't have a government issued marriage certificate?

Are there any exceptions/compassionate grounds for people in my circumstances in which government issued documentation related to my single status are not recognized in a foreign country?

Basically, can I still sponsor my spouse if I don't have a marriage certificate in light of the context?

I should also add that I have lots of documentation in terms of pictures and communications to show the authenticity of the marriage, but I'm not sure if this is a separate matter from the need for a formal marriage certificate. Also, I do have a religious Marriage Certificate (Baha'i) but although this is legally recognized for marriages that take place within Canada, it is not legally recognized for marriages that take place abroad.

I'm scheduled to leave Kabul in the next week empty handed and am hoping someone on this forum will throw me a lifeline. Many thanks.

 

[tink23]

Can you travel to another country together and get married there? Are u able to stay in kubal with your future wife and get common law status? I feel like there could be some sort of compassionate grounds, however, if u don't try other options, like travelling to another country to get married, the compassionate grounds may not be granted. I will leave this for some more knowledgeable people in this area. Good luck to you. I hope this stress passes quickly.

 

[Gumper]

I don't understand how the CAN Embassy in Afghanistan can't be more helpful. I think many people on here (me included) who have married in the Philippines will tell you that part of the process of getting married over there is to furnish a "CENOMAR" (Certificate of Non-Marriage). This is easily obtained at the CAN Embassy in Manila. So unless it's a total cash grab by our Manila embassy they obviously have some way to do a national search back in Canada re: marital statuses (or so I assumed when I filled out the form & forked over $50). Maybe they're not up to that kind of service provision yet in Kabul? Worth mentioning it to them, maybe they can make a request via another embassy for you?