I want to bring my girlfriend to canada but she is married to an american

My girlfriend is not a Canadian citizen she got married in the united states to an American will her past marriage affect my ability to sponsor her when we get married?


Asked 22 days ago in Ontario
Categories: Immigration  International

Answer Now

Homa Yahyavi

Answer by Homa Yahyavi

Not VerifiedBritish Columbia lawyer

Depends,  is she divorced? 

Posted 22 days ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Homa Yahyavi, or search the Lawyer Directory.


Angelina Shuster

Answer by Angelina Shuster

VerifiedOntario paralegal

If she is in Canada at present time and lives with you in a common-law relationship (12 months), then potentially you can sponsor her, even though she is still not divorced with her previous spouse. If she is not your common-law partner and just a girlfriend and remains being married to her US spouse, then she must obtain divorce from courts before you claim her as a spouse. For details and proper assessment of your situation, you are advised to contact my office at karblaw@rogers.com. I will give you free 15 minutes telephone consultation.

Posted 21 days ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Angelina Shuster, or search the Lawyer Directory.


Homa Yahyavi

Answer by Homa Yahyavi

Not VerifiedBritish Columbia lawyer

As I understand you are planning to marry her.  You can not marry her if she is not divorced. Your marriage to her will be void (not valid). 

Posted 21 days ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Homa Yahyavi, or search the Lawyer Directory.

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