Need advice to divorce

[MEngler]

Hi,

Background:.

I live in Toronto, A Canadian, Last year I got married in India (arranged marriage), and sponsored my wife into canada, she is been here for 7 months. She is not happy with me and we have frequent alterations , she has been mentally cruel to me and also threatened to kill me.I reliased she married me only for the Cdn Immigration. She also has plans to marry someone else.

Situation:

1. Since I sponsored her recently, How can I divorce her ? how to proceed?
2a. Since she is completely dependent on me, do I have to support her indefinately?
are we talking about indefinate spousal support
2b. Based on this situation, how long and how much do you think I have to support her?
3a. Since I was married in India, Can I file for divorce in India?
3b. Is it better for me to file for divorce here in Canada?
3c. If I get divorce in India is it valid here or viceversa?
4. Do I have to be separated before I file for divorce?
5. What if She doesn't want to divorce me?

I am a mess right now, please advise. Thanks......

 

[leroadrunner]

Does she have a job? You are actually responsible for her for 3 years when you sponsor. So, if she goes on welfare, you could be on the hook for this.

I will let more knowledgeable people advise you on the rest.

Good luck!

 

[bobshynoswife]

excuse my lack of caps, i want to help you but my shift key is broken.

i am so very sorry for the situation you are in. you will need to get divorced here in canada, but you will still be responsible for her financially until she has been here for 3 years. if you can prove to a judge that she married you only for immigration purposes, you will likely not have to pay any spousal support after that time.

usually you have to be separated for one year before a divorce is granted. if she has been abusive to you or has commited adultry, that is grounds for a divorce sooner.

you need to find a lawyer who specializes in family law, and someone who has good knowledge of immigration law as well would be the best way to go.

 

[canadianwoman]

If you are sure she married you just to immigrate to Canada, you should report her to Canada Border Services and CIC. Send in a detailed letter explaining your concerns that she just used you for immigration and include any proof you have. Then don't expect CBS or CIC to actually do anything - they don't usually, although they might investigate her for marriage fraud. However, if she then tries to sponsor her new husband after divorcing you, CIC will at least have a record that she used a marriage of convenience to enter Canada, and will probably deny her new husband's application. They may then win on appeal, but at least you have done something.

It is better for your future to make sure your divorce is valid in Canada. If you marry again, and you only have a divorce from India, CIC might question its validity and refuse your new wife's PR application.

You have promised to support your wife for three years, so if she leaves you and goes on welfare, you will have to pay the gov't back. You will most likely not be expected to support her longer than that if you get a divorce in Canada and bring your concerns that she committed marriage fraud to the attention of the court.

 

[Nokko]

I'm so sorry to hear that How come the people can do like this especially a woman .. I'm a woman also and I don't think I can marry with someone just for something like this.. in Thailand I heard someone post on the web site asked about the same question here
she want to devorce with her cannadian husband .. because they married for 2 years in canada and after that she went back to Thailand and her husband doesn't sponser her to canada again, she said she tried to ask him about that but he keep saying excuse and gave her many reasons why he counldn't sponser her.. but after that she found down he has another woman over there..while she back to Thailand and she want to devorce...

so sorry for the selfish..

 

[HoneyBird]

i find that there are so many indian cases of fraud :9
i am sorry for your situation.
be strong and find out if she is living with someone after you are divorced from her, if you still have to pay back the welfare. if she indeed marries again, perhaps this frees you from the welfare?
i think you need to build your case against her w.r.t. her abuse and what has happened. perhaps you can talk to your mp?

 

[iarblue]

You need a lawyers advice on this not ours,what you do or say to her,or how you proceed will effect the outcome of your case.She is married to you and in Canada she is entittled to half of the things you both have,and she will be entittled to spousal support to,seeing as she does not work.But like i said only a lawyer can help you.Good luck

 

[HoneyBird]

You need a lawyers advice on this not ours,what you do or say to her,or how you proceed will effect the outcome of your case.She is married to you and in Canada she is entittled to half of the things you both have,and she will be entittled to spousal support to,seeing as she does not work.But like i said only a lawyer can help you.Good luck

DAMN I DIDNT EVEN THINK OF THAT!!!! HE DEFINITELY NEEDS EVIDENCE...I CAN'T IMAGINE LOSING MY PROPERTY TO SOMEONE LIKE T HAT..
DEFINITELY NEED TO TALK TO A LAWYER.
PEOPLE LIKE THAT ALSO MAKE THE GENUINE CASES LIKE US HARDER..

I worry all the time, cause i am Indian and my hubby is Hungarian white and i am afraid that they wont see past the culture/religion/country/race/language barrier...and think i am with him for pr. :'(
we have an out of world story..so i hope that it makes it believable (well i have to console myself somehow)

 

[iarblue]

Yes divorce is a scarry thing she can turn the tables on him at any point saying she loves him and want nothing more than to be with him but he has been making it very hard to live with him ,she can claim emotional distress,and so on and make him out to be the bad person,immigration is likely not to do a thing about it.
And worse can call the police stating he is being abusive emotional or physical,they will come charge him then he will not be allowed back to his own home until the divorce court decides it and if divorce court says he has to sell she can stay there till its sold and he has to find another place to live.So like i said you need a lawyer,and ASAP.

 

[PMM]

Hi

DAMN I DIDNT EVEN THINK OF THAT!!!! HE DEFINITELY NEEDS EVIDENCE...I CAN'T IMAGINE LOSING MY PROPERTY TO SOMEONE LIKE T HAT..
DEFINITELY NEED TO TALK TO A LAWYER.
PEOPLE LIKE THAT ALSO MAKE THE GENUINE CASES LIKE US HARDER..

I worry all the time, cause i am Indian and my hubby is Hungarian white and i am afraid that they wont see past the culture/religion/country/race/language barrier...and think i am with him for pr. :'(
we have an out of world story..so i hope that it makes it believable (well i have to console myself somehow)

Don't upset the OP, the spouse is not entitled to half of everything, Canada doesn't have community property laws. S/he is entitled to half of everything that are family assets that were acquired during the marriage. A house acquire prior to the marriage, it is unlikely s/he would get very much for a short term marriage.

 

[iarblue]

Exactly that why i said what they both have.If it was his house before she came to marry then it will most likely be his after the divorce,but like i said you need legal advice and ASAP.I dont think there are any family lawyers here and not quite the place to get the advice you need,as to the immigration part put in your complaint to them not that it will do much now.
It is very easy for one or the other to turn tables on eachother so get legal.

 

[Lois Lane]

there is a 50% divorce rate in Canada

too bad that spousal sponsorship's that fail are immediately looked at as
"only married for PR status"

speaking from experience, my first marriage failed after 9 mths, couldn't blame anyone else for the marriage failing as we were both Canadian citizens....simply were no good together....go figure

 

[bobshynoswife]

there is a 50% divorce rate in Canada

too bad that spousal sponsorship's that fail are immediately looked at as
"only married for PR status"

speaking from experience, my first marriage failed after 9 mths, couldn't blame anyone else for the marriage failing as we were both Canadian citizens....simply were no good together....go figure

excellent point! we are only hearing one side of the story. what if this woman had all the best intentions and came to canada truly hoping to be with this man forever, and then upon really getting to know him decided it was not a good match? i think it's less likely that scams are being run out of india, and more likely that the arranged marriage model does not work well with an overseas couple and for the sponsored spouse living in canada.

 

[sbwv09]

Sorry to hear about this situation. Whether she is truly a fraud or if it just didn't work out, it's a tough situation. If you really think it was fraud and not just a marriage that couldn't work, start getting evidence together. What are you basing your belief that this is a fraudulent marriage upon? Has she come out and said it? I agree that it's a bit odd that she already wants to marry someone else, but perhaps the arranged marriage situation just wasn't for her. In any case, if you truly think she used you to get into Canada, get some solid evidence and go to the authorities. If not, start getting evidence of her verbal abuse so you can just divorce her sooner. Unfortunately, you will be responsible for her not going on welfare for 3 years unless you prove it was fraud.

Also, if you wanted to marry another foreign national in the future, you could have trouble proving that both of the marriages weren't fraudulent on your part. It's sad, but many people do marry foreigners for money so that they can come to Canada and divorce them soon after.. so you will have to get evidence, whether it is of the abuse or of fraud, that this isn't the case in your situation.

 

[boasorte]

Sorry to hear that! Good luck!