Being exploited for PR

[des3k]

Me and my wife filed under express entry with me as principal applicant. We received AOR in Dec, 2018 and were pretty excited. At the same time she was in India for a vacation while I work in the US.
Things turned quite sour in this short time and we can no longer stay together. All these 5 years of marriage have been a web of lies, deception, disrespect and financial exploitation for me by her and her family. She started saying that she'll leave me once we're in Canada, and kept trashing me to her friends and family. I didn't say anything about this to anyone, even my parents and siblings, they've no idea what's going on.
Now she's back in the US, in the same house, but in different rooms.
She and her parents have this plan that they'll pretend that its all fine, and we move to Canada, and seek counseling, while I know they're still exploiting me for the PR. I overheard them on Valentine's day, when I wanted to surprise her with flowers and chocolates, coming home early, but there she was, planning it all with her parents.

I wanted to file my PR myself since the beginning, but they insisted on using their relative who's an immigration consultant. So I now have no access to my own application.

I want to strike my wife off my application. I will feel guilty of bringing a worthless being to Canada if she makes it there. If I remove her from my application, my score actually increases by 5 points, so I'm not worried about points. Its close to 3 months that my documents have been submitted, so confirmation should also be coming anytime soon. Her medicals and PCC are already submitted with the application.

Also, my H1B in US will expire in April, but my company has filed my extension. Even then, my 6 years on H1B will maxout in August. So time is also another factor.

What should I do? Keep her in the application or strike her off. Also, since I don't have a lot of time left in US, should I start the legal separation in the US, India or do it once in Canada?

 

[schilz]

This is a tough one, and sounds like you are also headed for divorce. It would be better to consult with a lawyer but the best option might be to withdraw your application entirely, you can do so even if you applied through a consultant, deal with the divorce, then re-apply.
I understand time is a concern, but that would be the 'cleanest' way.

Your other option is to submit a CSE to IRCC (google it, if you don't know what that is) where you ask:

• To remove the consultant's access to your application
• To explain that you've learned that your wife and her family are using you to gain PR and you intend to file for divorce, then ask to remove her from your application, state that you understand this decision is final and accept in writing you will not be able to sponsor her in the future. (I'm not sure if this will work, as it has other implications when evaluating your application, but see what they say).

Best option is to consult with a lawyer, you can file for divorce in the US regardless where you were married and depending on the state uncontested divorces can be finalized in as little as ~3 months.

Given your circumstances, its very likely you'll exhaust your time in the US before your Canadian PR comes.
Now that you know the true intentions of your wife, it is illegal for you to lie about your bona fide relationship with her so don't even play that game as it could risk your own PR.

Good luck, rough times ahead brother.

 

[des3k]

This is a tough one, and sounds like you are also headed for divorce. It would be better to consult with a lawyer but the best option might be to withdraw your application entirely, you can do so even if you applied through a consultant, deal with the divorce, then re-apply.
I understand time is a concern, but that would be the 'cleanest' way.

Your other option is to submit a CSE to IRCC (google it, if you don't know what that is) where you ask:

• To remove the consultant's access to your application
• To explain that you've learned that your wife and her family are using you to gain PR and you intend to file for divorce, then ask to remove her from your application, state that you understand this decision is final and accept in writing you will not be able to sponsor her in the future. (I'm not sure if this will work, as it has other implications when evaluating your application, but see what they say).

Best option is to consult with a lawyer, you can file for divorce in the US regardless where you were married and depending on the state uncontested divorces can be finalized in as little as ~3 months.

Given your circumstances, its very likely you'll exhaust your time in the US before your Canadian PR comes.
Now that you know the true intentions of your wife, it is illegal for you to lie about your bona fide relationship with her so don't even play that game as it could risk your own PR.

Good luck, rough times ahead brother.

If I start seeking divorce in the US, she'll definitely contest it because she'll lose the PR and it won't be a simple 3 months divorce.
My H1B extension was just submitted last week, and given it takes several months to get a decision, I guess I'll most likely get the Canadian PR decision first.
Wouldn't it be simpler to mark the spouse as non-accompanying after removing the consultant? I can then move to Canada alone and seek the divorce later.

 

[deeps1987]

If I start seeking divorce in the US, she'll definitely contest it because she'll lose the PR and it won't be a simple 3 months divorce.
My H1B extension was just submitted last week, and given it takes several months to get a decision, I guess I'll most likely get the Canadian PR decision first.
Wouldn't it be simpler to mark the spouse as non-accompanying after removing the consultant? I can then move to Canada alone and seek the divorce later.

Sorry to hear about your situation. You can possibly do that by raising a CSE. Once you status changes and you are still waiting for PR, then you can again raise another CSE to update about it.

 

[Onagiro]

Hey, just wanted to say that sucks! I hope you’ll make it to Canada soon! Good luck.

 

[sid1987]

If I start seeking divorce in the US, she'll definitely contest it because she'll lose the PR and it won't be a simple 3 months divorce.
My H1B extension was just submitted last week, and given it takes several months to get a decision, I guess I'll most likely get the Canadian PR decision first.
Wouldn't it be simpler to mark the spouse as non-accompanying after removing the consultant? I can then move to Canada alone and seek the divorce later.

Don be so hopeful... poeple since last june are still waiting

 

[canuck_in_uk]

Me and my wife filed under express entry with me as principal applicant. We received AOR in Dec, 2018 and were pretty excited. At the same time she was in India for a vacation while I work in the US.
Things turned quite sour in this short time and we can no longer stay together. All these 5 years of marriage have been a web of lies, deception, disrespect and financial exploitation for me by her and her family. She started saying that she'll leave me once we're in Canada, and kept trashing me to her friends and family. I didn't say anything about this to anyone, even my parents and siblings, they've no idea what's going on.
Now she's back in the US, in the same house, but in different rooms.
She and her parents have this plan that they'll pretend that its all fine, and we move to Canada, and seek counseling, while I know they're still exploiting me for the PR. I overheard them on Valentine's day, when I wanted to surprise her with flowers and chocolates, coming home early, but there she was, planning it all with her parents.

I wanted to file my PR myself since the beginning, but they insisted on using their relative who's an immigration consultant. So I now have no access to my own application.

I want to strike my wife off my application. I will feel guilty of bringing a worthless being to Canada if she makes it there. If I remove her from my application, my score actually increases by 5 points, so I'm not worried about points. Its close to 3 months that my documents have been submitted, so confirmation should also be coming anytime soon. Her medicals and PCC are already submitted with the application.

Also, my H1B in US will expire in April, but my company has filed my extension. Even then, my 6 years on H1B will maxout in August. So time is also another factor.

What should I do? Keep her in the application or strike her off. Also, since I don't have a lot of time left in US, should I start the legal separation in the US, India or do it once in Canada?

Just cancel the representative and change your wife to non-accompanying. You do not need to provide any reasoning or documentation for doing this.

Canada has no legal separation process. Once the relationship has ended and you are apart, you are legally separated