migrating to canada

[slip-slick]

asking for a friend, im asking in many forums actually..

my friend is separated from her husband for 6 years already, but with no legal documents, separation/anullment has not been filed. they've just decided to call it quits on their own. now she plans to migrate to canada, (or USA, australia) just anywhere to start a new life. she's wondering if she should apply as single or as married, considering she has no documents regarding the latter..

anybody have any ideas? or possibly have gone through this situation?

[BlueBimmer]

no expert but i think she is still married

[mbeige]

No documents? Please explain. If they're married, they should have documents at the NSO.

If somebody finds out the truth, this will be fraud. They should have it officially annulled first.

[1D4LV]

yes she is still married pending court order dissolving the marriage.

[slip-slick]

yes she is still legally married, and she has no intention to hide that. she just doesnt have the documents proving they have separated already. if she applies as married, im sure her husband will not cooperate, maybe even hinder her application.

[mbeige]

Ah, so they don't have any documents indicating their separation. In that case, they're still married by law.

She will have a harder time convincing the judge that she is already single when it states that she is still married, than convincing her husband to sign the annulment papers.

[slip-slick]

mbeige > may judge pang involved when applying for visa sa canada?? going through the very long and expensive process of anullment is not an option for her. she doesnt have the money for this..

my friend is hoping that canada (and other countries) would be liberal when they consider applications. if she says she's single, then maybe they won't require her to prove it.. unlike if you're married, you need to show marriage certificate, etc..

anybody know where she can go to get legal advice on this? maybe immigration experts?