Separated from wife but no divorce. CIC asked for divorce certificate. What should I do?

[canuck78]

Hey everyone,

A question, please. I am applying for PR and my M. Status is Divorced. I have the court order /Court hearing minutes as a divorce agreement, which is needed in every official step after that. No Divorce Certificate was issued. Will this cause me trouble?
The Court hearing states in detail the divorce agreement, place, names, and dates, stamped and signed by the judge. Due to the current situation and the situation back home (war zone) it is nor possible to issue a D. Certificate EVEN IF there is actually one.

Will this cause me a trouble?

likely should be fine.

 

[Ramor02]

likely should be fine.

Thank you !!

 

[Dave Fuller]

Hi everyone,

I submitted my application on Nov 2019 and the process is still going on. Due to the recent changes in personal affairs, I have planned to go for divorce but due to the lockdown situation in India, I am not able to file for divorce or get any legal separation initiation document to support my case. Will it be enough to get an affidavit from my advocate stating the situation and a letter of Explanation attached to it. I also have a son whom I will be sponsoring since. Will I be asked to submit any other document to support my sons travel with me?

Kindly help.

 

[Parth A]

Hi Everyone,

I had received passport submission request on June 4, 2019 via express entry. On May 27, 2019 I got married and submitted spouse documents on July 12, 2019 with PCC and Medical. I had informed CIC about my marriage post receiving passport submission request. CIC then asked me to submit my spouse documents which I did on July 12, 2019. The application is still in progress.

Due to personal reasons me and my spouse have decided to get separated and file for divorce soon after courts open in India post COVID. We have been separated since Dec 25, 2019 and due to the current COVID - 19 situation, we are not able to file for divorce. I'm currently residing in the US while my spouse is in India and we both are Indian citizens

I have informed CIC/IRCC today regarding my situation and have asked them to remove my spouse from the application.

Can you please help me with the below:

1. Documents/process required by CIC to remove my spouse from the application
2. Approximate timeline from your experience, by when should I expect my pasport request again

Any help is highly appreciated!

 

[Laurel101]

Please I need help urgently, I created and EE profile and fille m. Status as legally seperated, then I was given ITA. The problem is that prior to creating the profile and ITA was was seperated from my spouse but had not done anything " legal" about it, however , I have filed a divorce petition in court and gotten a motorised affidavit of seperation post ITA.
My question is this, the date I created the profile is one month before I actually filed for divorce or obtained an affidavit ( is this misinterpretation) note we have lived seperated for more than a year.
Should I go ahead with this application or decline the ITA?

 

[ds1010]

Hi Everyone,

I had received passport submission request on June 4, 2019 via express entry. On May 27, 2019 I got married and submitted spouse documents on July 12, 2019 with PCC and Medical. I had informed CIC about my marriage post receiving passport submission request. CIC then asked me to submit my spouse documents which I did on July 12, 2019. The application is still in progress.

Due to personal reasons me and my spouse have decided to get separated and file for divorce soon after courts open in India post COVID. We have been separated since Dec 25, 2019 and due to the current COVID - 19 situation, we are not able to file for divorce. I'm currently residing in the US while my spouse is in India and we both are Indian citizens

I have informed CIC/IRCC today regarding my situation and have asked them to remove my spouse from the application.

Can you please help me with the below:

1. Documents/process required by CIC to remove my spouse from the application
2. Approximate timeline from your experience, by when should I expect my pasport request again

Any help is highly appreciated!

Your situation is pretty much same as of me.
You can make an affidavit of separation stating you and your spouse are legally separated now and filing for divorce. You need to give them surety that you don't going to sponsor your spouse in future.
For more information, ping me.

 

[ds1010]

Please I need help urgently, I created and EE profile and fille m. Status as legally seperated, then I was given ITA. The problem is that prior to creating the profile and ITA was was seperated from my spouse but had not done anything " legal" about it, however , I have filed a divorce petition in court and gotten a motorised affidavit of seperation post ITA.
My question is this, the date I created the profile is one month before I actually filed for divorce or obtained an affidavit ( is this misinterpretation) note we have lived seperated for more than a year.
Should I go ahead with this application or decline the ITA?

You can go ahead with this application. You need to submit proof that you and your spouse living separately from 1 year and also submit the proof that you applied for divorce like File Docket number or some court affidavit.

 

[Laurel101]

You can go ahead with this application. You need to submit proof that you and your spouse living separately from 1 year and also submit the proof that you applied for divorce like File Docket number or some court affidavit.

Thanks alot.
Also I was trying the complete filling the profile and encountered a truly question..." How did the the union end?" The options available were ( 1)annulment (2) divorce (3) ended relationship with common law partner. There is no option for legal separation .I don't know wch to choose because non applies in my case.I can't choose divorced cos technically am not divorced yet but eventually will be. What do I do? I really don't want to misinterpret out of ignorance.

 

[bals]

Need suggestion and advice, --> In case of No court order or anything to proof that we are separated, will the Affidavit stating that I do not intend to reconcile and will not sponsor my spouse in future and will proceed with legal avenues of divorce in future, will be sufficient after ITA is received?

looking for help, this is complicated situation.

 

[pritkumar08]

Hi lemongrass01, I received ITA on 19th December. I'm yet to submit the documents. My separation case with my spouse is on mutual consent and I wont be able to provide the divorce document until the case gets over. How about providing the copy of petition ? BTW, have u received ITA ?

Hello Vijay, Hope you are doing good., did you receive any update on your application status ?

 

[Laurel101]

Hello Vijay, Hope you are doing good., did you receive any update on your application status ?

 

[Laurel101]

I filled m.status as legally Seperated, in completing the profile post ITA I encountered this question: Have the applicant been previously married? Should the answer be yes or NO. Are they asking if there is any other marriage prior to this one am currently seperated from?

 

[SaSJ]

Hi,
I'm in a similar situation. Would like to know that in case I mention my marital status as Legally separated, will they still ask me to produce my marriage certificate along with the legal separation document(court proceedings) and affidavit?

 

[Laurel101]

Hello SASJ,
Just submit the Affidavit and the the other legal documents you have. If the the divorce case is in court already also submit a copy of the divorce petition .I don't think you need to submit the marriage certificate since you are seperated already.
Goodluck

 

[SaSJ]

Hello SASJ,
Just submit the Affidavit and the the other legal documents you have. If the the divorce case is in court already also submit a copy of the divorce petition .I don't think you need to submit the marriage certificate since you are seperated already.
Goodluck

Thanks Laurel!