Wife Cheating on me and asking for COPR to come to Canada to give divorce

[Devang T]

Hello Friends,

Hope someone will surely help me out! 1.5 years back I went to my home country and legally married a girl and came back to Canada. I applied for PR for both of us together with she as a dependent and we agreed to marry traditionally this december. We recently got the PR and I have alone crossed the border to get the status but she is still in home country waiting to cross the border. From last 3 months we were having family issues and due to that finally me and my family decided to take the divorce since the marriage was only through court. she is still living with her family and we never lived together. Now she is neither marrying me nor giving divorce. She kept a demand to give her the COPR and she will give me the divorce only after landing in Canada.

I am so much worried and confused what to do. I know once she lands in Canada the law will favour her and for three years I would have to give her all the expenses and not guaranteed she will not harass me. I want to stop, or cancel her COPR since I was the principal applicant and I sponsered her. Is this the case of fraud marriage? PLease guide me what to do next, I have return flight on 24th december and want to cancel her PR before that so that she cannot come to canada and ruin my life.. Please Help!!

 

[saria1]

Hello Friends,

Hope someone will surely help me out! 1.5 years back I went to my home country and legally married a girl and came back to Canada. I applied for PR for both of us together with she as a dependent and we agreed to marry traditionally this december. We recently got the PR and I have alone crossed the border to get the status but she is still in home country waiting to cross the border. From last 3 months we were having family issues and due to that finally me and my family decided to take the divorce since the marriage was only through court. she is still living with her family and we never lived together. Now she is neither marrying me nor giving divorce. She kept a demand to give her the COPR and she will give me the divorce only after landing in Canada.

I am so much worried and confused what to do. I know once she lands in Canada the law will favour her and for three years I would have to give her all the expenses and not guaranteed she will not harass me. I want to stop, or cancel her COPR since I was the principal applicant and I sponsered her. Is this the case of fraud marriage? PLease guide me what to do next, I have return flight on 24th december and want to cancel her PR before that so that she cannot come to canada and ruin my life.. Please Help!!

I wouldn't give her the CoPR, and I'd either turn it back or let it expire. You can legally file for a divorce in Canada, which is what Canada will recognize. She doesn't need to be in the country for the divorce to be granted. It should be easy since you have no assets to split and have never lived together. But I think there is a separation period of 1 yr. I'd get down to the courthouse and file those separation papers and start the clock. In the meantime, I'd change my phone number and block all her email addresses. It doesn't sound like there is any love loss on your part or hers.

All my advice is from an American stand point, but the systems are similar. I'm curious to hear from others if you legally have to give her the CoPR...

 

[rhcohen2014]

all you have to do is call CIC and tell them your relationship has broken down and you want her COPR cancelled. they don't need anymore info than that, AND you are no way obligated to give her the COPR so she can land and leave you. don't let her bully you into doing something you know is wrong. If she doesn't want to be married to you, then she doesn't get to come to canada and be a pr. simple as that. she's trying to scare you into doing what she wants. remember YOU are the one who was approved as a pr and YOU are the one already landed as a pr. Contact CIC NOW and have them cancel it.

also, contact a divorce attorney in canada and if she starts threatening divorce again, simply tell her "i agree. we need a divorce. here is my divorce attorney's name and contact information. feel free to have your attorney contact my attorney to start the paperwork. " then hang up so she can't start yelling at you and threatening you.

then do what the other poster suggested and change your numbers and block her from contacting you online.

 

[Devang T]

Thank you so much experts!! Appreciate your help. I will do as you advised. I have done all try to get everything allright but now she is crossing her limit so would have to show her what I can do. Thanks a lot

 

[Kayaker]

Don't even bother to explain to your wife - if you really want a divorce, if you really do not want her in your life, contact CIC and give back her COPR.

If you are separated from your wife but give her the COPR and she lands in Canada, BOTH of you are committing immigration fraud, and CIC may take not only her PR status, but yours as well. If you do not want to lose your PR status, you will have to be honest with CIC and inform them that your marriage is ended.

Good luck!

 

[naser20004]

I don't think you have the authority to cancel her PR, once she has the Visa stamped on her passport, she can land and become a PR and you can't stop that even if you have the CORP, all she needs to do is to go to the closest Canadian embassy and they will issue her a replacement CORP. And by the way Canadian laws will not favour her and force you to pay for her expense for 3 years, so just divorce her and both of you should be able to move on. If she does not have the Visa in her passport (which I highly doubt since you got yours so hers should be gotten too at the same time), then you can inform CIC that your getting divorce but they would cancel both visas because when you applied, you applied as a family, if this changes, the whole applications will have to be reassessed.

 

[zardoz]

This is NOT a sponsorship application, so there is no 3 years commitment. Nor is "Condition 51" applicable. However, it's appropriate to return the COPR to CIC on the basis that she will no longer be the dependant of the Principal Applicant. Let CIC decide if they wish to allow her to land. It is not appropriate to simply refuse to hand over the document, as it's her document, not his.

 

[innosense]

What if your issues started after she has landed as a PR. would you still try to ruin her life with whatever control u have over hers ?
You of all the people should be able to answer whether she married you for the sake of getting PR ? if yes then it is fraud. but in that case she would not have triggered any fights till she got what she wanted.

it appears things are falling out naturally. and you are angry so u r trying to hurt her in ways u can and get some satisfaction.
she on the other hand must already be so devastated of losing her marriage and going through lots of emotions too.
she is trying to save the only thing she believes will give her a good future.

sit and talk and help each other out. come to a compromise about PR and about ur life. you both are adults and decided to get married. don't misuse the upper hand u have, just because u r in a position to punish her.


and where is the cheating part in this ?

do you think she can live by herself after coming here as PR without troubling u ?

Enquire if you are responsible for her financially. As zardoz pointed out, this does not look like a sponsorship application.

you both decided to apply for PR when you were together. what if you had kids ? what will u do with them ? seriously, i can only see revenge.
settle this amicably ! you can get divorced after she becomes PR as well. are you in a hurry to remarry ? why do u want the divorce soon ?

Am surprised with most responses here assuming that the wife is the culprit here. we don't even know whats the issue in relationship.

its not a technical question the OP asked for heavens sake !

And don't do anything in haste like reporting to CIC and screw ur PR too.

 

[Alurra71]

The OP is the primary applicant and added his wife as a dependent.

It IS the OP's obligation to inform CIC of the marriage breakdown. Any time a relationship breaks down and a dependent on the application has not landed, it is CIC's business. CIC will make a final determination about her ability to land or not. It is not up to the OP to decide if she can or not, but the onus is on him to report this breakdown.

As pointed out, if the OP passes the COPR to his wife and allows her to land knowing full well that she is not his dependent due to marital breakdown that is fraud and he could be at risk for losing his PR. He risks nothing in regards to his PR if he reports the marital breakdown and returns her COPR.

 

[keesio]

As pointed out, if the OP passes the COPR to his wife and allows her to land knowing full well that she is not his dependent due to marital breakdown that is fraud and he could be at risk for losing his PR. He risks nothing in regards to his PR if he reports the marital breakdown and returns her COPR.

The OP needs to think carefully about what Alurra said. He is risking his PR status over this.

 

[preet:)]

There are two sides to every coin, and we have only seen your, it would be wrongful to assume who is right, and we are no jury

 

[saria1]

There are two sides to every coin, and we have only seen your, it would be wrongful to assume who is right, and we are no jury

Preet, it's not about what her side is. It's about the fact that his marriage is breaking down. A divorce is imminent, he has to do what he needs to do to protect his PR status. He doesn't need it to turn into a case of misrepresentation, thereby risking his own PR, because he didn't make CIC aware of the breakdown. CIC will decide whether she can still land or not.

 

[on-hold]

Just out of curiosity, he landed with his marriage in a state of breakdown -- isn't that a form of fraud on his part as well, since principal applicants receive points from their partner's status? Why is it OK for the main applicant to land, but not the subsidiary applicant?

Not speaking to this specific case, but this kind of thing appears to be a bit of a trend:

http://www.telegraph.co.uk/expat/expatnews/8231428/The-broken-promises-of-expat-grooms.html

 

[keesio]

Just out of curiosity, he landed with his marriage in a state of breakdown -- isn't that a form of fraud on his part as well, since principal applicants receive points from their partner's status? Why is it OK for the main applicant to land, but not the subsidiary applicant?

The OP is required to disclose his any change in family status to CIC prior to (and during) landing. Not doing so is misrepresentation. So as long as he discloses this, there is no misrepresentation.

 

[on-hold]

I guess I misunderstood -- I'd understood that he and his wife were applying at the same time, didn't someone up thread say that it was not a family class sponsorship?