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Found out children not mine

Mike2015

Full Member
May 22, 2015
42
2
I sponsored my wife and what I believed were my two children to Canada.Upon her arrival she basically filed for divorce within months of arrival.I asked for DNA testing for the two children.Negative results.Is this considered fraud on her part?Am I still liable to pay for sponsorship based on her lie?Is there any recourse to have her removed from Canada even though she has PR?
 

singleman

VIP Member
Jul 28, 2018
3,616
1,681
App. Filed.......
00-05-2020
File Transfer...
00-00-2021
I sponsored my wife and what I believed were my two children to Canada.Upon her arrival she basically filed for divorce within months of arrival.I asked for DNA testing for the two children.Negative results.Is this considered fraud on her part?Am I still liable to pay for sponsorship based on her lie?Is there any recourse to have her removed from Canada even though she has PR?
Very strange! So both kids born after you married her or? if yes then DNA=no.. now u have taken full responsibility. but can take her to court . I guess if she asks 4 monies or more..As far deportation ;they will not NEVER do that , :( LETS WAIT 4 EXPERTS opinions
 

canadianwoman

VIP Member
Nov 6, 2009
6,200
284
Category........
Visa Office......
Accra, Ghana
Job Offer........
Pre-Assessed..
App. Filed.......
30-01-2008
Interview........
05-05-2009
I suggest getting a lawyer - a lawyer who specializes in immigration.
The government will occasionally revoke a PR if fraud or misrepresentation is proved.
You should at least report her to CIC and the Canada Border Services Agency, so if/when she tries to sponsor a new spouse, she will have trouble doing so.
How old are the children? If you have been taking care of them as if they were your children, you might be liable for child support even if they are not yours biologically.
 

singleman

VIP Member
Jul 28, 2018
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Also i say she lied in her app. that kids are of this father,? misrepresentation rt here?
 

mgnlky

Champion Member
Jan 22, 2016
1,558
277
Vancouver
Category........
FSW
Visa Office......
Ottawa
NOC Code......
1122
Pre-Assessed..
Yes
App. Filed.......
22-12-2016
AOR Received.
22-12-2016
Med's Done....
04-11-2016
Passport Req..
22-3-2017
LANDED..........
04-09-2017
Also i say she lied in her app. that kids are of this father,? misrepresentation rt here?
I'm not sure they would consider that intentional "misrepresentation" when it could honestly be that she did not know with 100% certainty that you were not the father until the test results came back.
 

singleman

VIP Member
Jul 28, 2018
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App. Filed.......
00-05-2020
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00-00-2021
I'm not sure they would consider that intentional "misrepresentation" when it could honestly be that she did not know with 100% certainty that you were not the father until the test results came back.
She deserves 2 go back 4 sure , rest depends on the system
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
I sponsored my wife and what I believed were my two children to Canada.Upon her arrival she basically filed for divorce within months of arrival.I asked for DNA testing for the two children.Negative results.Is this considered fraud on her part?Am I still liable to pay for sponsorship based on her lie?Is there any recourse to have her removed from Canada even though she has PR?
You can report it as a Marriage of Convenience but the outcome could go either way. Unless her PR status is revoked, your 3 year undertaking remains in effect.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,167
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
I sponsored my wife and what I believed were my two children to Canada.Upon her arrival she basically filed for divorce within months of arrival.I asked for DNA testing for the two children.Negative results.Is this considered fraud on her part?Am I still liable to pay for sponsorship based on her lie?Is there any recourse to have her removed from Canada even though she has PR?
The only recourse would be to demonstrate to IRCC/CBSA that her application was fraudulent. As the children are hers, even if not yours, they were required to be in the application as her dependent children anyway. Therefore, they are not a misrepresentation factor.

On the basis that you believed that the children were yours biologically, I assume that this relationship has subsisted for an extended period of time.
It's going to be very difficult to show to the Canadian immigration services that this was a "Marriage of Convenience" entered into for the purpose of gaining immigration status.
 
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dellij

Newbie
Oct 21, 2018
1
0
Regarding your wife, you may be able to claim that she didn’t intend to live with you (part of the application form, I believe) given that she filed for divorce as soon as she arrived.

When it comes to the kids, I don’t know all the details obviously but I’d encourage you to get another DNA test (has she admitted the possibility that they’re not your biological children?). And maybe go talk through the repercussions of stepping out of their lives entirely (for you and them) with a counsellor. I mean, it sounds like you’ve been loving them as your own and bringing them up for years so I mean, I can’t imagin how awful this all is but I’d hate for you to miss out on the relationship you’ve already built with them because of her. And for them to suddenly lose you when it’s not their fault either.

Anyway I’ll end the totally unsolicited advice here and just reiterate that the application includes stating that you intend to reside with your partner so proving that she was planning to ask for a divorce may be easier than proving that she only married you in the first place for visa reasons. But I agree with others - you need a specialised immigration attorney.