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marriage and immigration

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1marriage and immigration Empty marriage and immigration Thu May 11, 2017 1:17 pm

abigeyl


Arresto Menor

Hi, my name is abigeyhl, im a new member here. i'd like to seek an advice regarding my marriage contract that was done incorrectly thus impeding my application for spousal immigration to canada.
our pastor married us, may 10th of 2014- my husband left for canada may 11th same year since - our license was released may 26th and marriage contract was filed may 31st. prior to marriage, we questioned its legality but the pastor assured us that its just gonna be okay. me and my husband are both busy with our jobs and we simply relied to our wedding planner who assisted us and arranged everything last 2014. this year, we want to apply for spousal sponsorhip, our consultant in canada reviewed our papers and questioned our marriage date as it would appear that the date is not coinciding on what was stamped on his passport- his date of returned to his homeland. we have been in a relationship since 2013, documents and proofs of visits, communication and financial support are all kept. i also got a PSA marriage certificate- so all my documents now are changed to my married name.
please advice on what to do with this. we are willing to do a second marriage just to correct everything, but the person from the city hall said the first marriage date would be considered as the real marriage date. if we go on second marriage, are we gonna undergo same process? please advise. we want to correct everything. thank you so much.

2marriage and immigration Empty Re: marriage and immigration Thu May 11, 2017 4:19 pm

Katrina288


Reclusion Perpetua

Hi Abigeyhl,

Since there was no marriage license yet on the date of the wedding ceremony, your marriage is void ab initio or void from the very beginning. Please note that a valid marriage license is a formal requisite for a valid marriage, absence of which renders the marriage void.

If you want to correct it, you will have to file a petition for declaration of nullity of marriage in court. Once it is declared void, you can remarry your husband and this time, following all the proper requirements and procedures for a valid marriage.

The pastor that married you may be held administratively and civilly liable for damages for solemnizing a marriage without a valid marriage license.

If you need legal assistance, you may email km@kgmlegal.ph

Regards,
Atty. Katrina

http://www.kgmlegal.ph

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