+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Divorce and PR Status

daniloanh

Newbie
Mar 27, 2018
1
0
Hi everyone, I hope that you can give me advise in my situation since I am very sad and confused at this point.
I applied for FSW EE back in 2017 and I was married during this time. I was on U.S. PR 2 years based on marriage with my wife, but our relationship is not in the good mood. That's why I decide to protect my future by applying to Canada PR since my U.S. green card will expire and I am not sure we will be still married by that time.

While putting my application, my spouse did not want to follow me to Canada. However, since I still love her, I still filed as the married status but indicated that she will not accompany me (she wants that). I hope that she might (just might reconcile with me later and I can sponsor her if she wants to leave). She still helps me in security clearance and medical check. MY CRS is only calculated based on me (as she does not accompany). She will not have PR this time.

Now I have the acceptance and CIC asked me to send the passport to them. During this time, my wife asked for the divorce immediately and looks like I cannot save our marriage anymore. I am currently starting the divorce but in California, U.S. it requires at least 6 months for the decree to be effective. However, we can settle everything and receive judicial proceeding earlier and just have to let 6 months pass so I can marry someone else again. Currently, we have not submitted any documents for divorce yet (just prepare at home in advance). My questions are:

1. Should I just hold the divorce process until I landed Canada and got my Green Card or file the divorce anyway since CRS is totally based on me? What consequence of each situation to my PR

2. Assuming that I go with first option and land first, divorce later. When should I notify my CIC? Should I notify when we have judicial proceeding or wait until my 6 months end?

3. Will my divorce decree in U.S. effective in Canada, or I have to wait 1 year according to Canadian rule?

Thank you for your advice. I wish things can go otherwise, but I guess it's life and sometimes I have to accept it.
 
Last edited:

mulzi

Star Member
Jul 19, 2017
77
27
really sorry to hear that.

I dont think it will affect your application in any way (purely my opinion)

You could simply raise a CSE about your divorce being in process. CIC requires you to notify them of any change in personal circumstances. If they find out later that you didnt tell them about the divorce it could mean that you were misrepresenting.