divorce case pending, result not in less than year

[gurwinder80]

My wife living with her Parents for 2 years. We had not met for these two years. Three cases are pending for 2 years: (1) Divorce Case filed by me, (2)after that my wife filed Case to live with me (3) and Case for maintenance charges for her and our 4 years old child living with her.
All above 3 cases are running and there is less chance for these cases to be completed less than 1 year. I am applying for PR Canada under FSWP. I do not want to take my wife with me . She will not provide any documents for filling in application.
1) What should I mention in marital status?
2) Can I apply for PR Canada with these cases pending?
3) I have no marriage certificate, is there any need for marriage proof like marriage photos etc.?
4) Should I mention Not Applicable (N/A) in each field and form related to wife and child? Or what should I do anything else?

 

[arika]

gurwinder80,
your case seems to be really complicated.

In my opinion, since you are not officially married, you should not refer to your ex as an ex-wife. However, Generic application form clearly request you to provide information on your family members and dependants irrespectively if they accompany you to Canada or not. Completely omitting this will definately be quialified as mispresentation.
It seems to me that since you don't claim your ex as a spouse who will immigrate to Canada with you don't need to provide many documentf for her and your child.

The best of luck with your application.

 

[canuck_in_uk]

1) What should I mention in marital status?
2) Can I apply for PR Canada with these cases pending?
3) I have no marriage certificate, is there any need for marriage proof like marriage photos etc.?
4) Should I mention Not Applicable (N/A) in each field and form related to wife and child? Or what should I do anything else?

1. You are legally separated.
2. Yes, you can apply. CIC may request additional proof of the legal cases or may delay your app until your divorce is final.
3. No, you don't need to include marriage photos. It's possible that CIC may request a copy of the marriage certificate.
4. You cannot put N/A. You will need to include as much of your wife's details as you can. Your child MUST be included in your application; if you don't include the child, you will never be able to sponsor him/her in future. Also, your app will likely be delayed in this situation, as CIC does not like to exclude minor children from the Family Class.

 

[gurwinder80]

I had my wife name in passport, I had no marriage certificate, I can't make marriage certificate or arrange any documents related to my wife or our child because we are not in contact with each other for 2 years. What should I mention in marital status - married or separated. I have not any proof of separation. I do not want to take my wife with me and also I cannot take my child with me as our child is not contact with me and he is living with my wife.
Please give me advice.

 

[OhCanadiana]

I had my wife name in passport, I had no marriage certificate, I can't make marriage certificate or arrange any documents related to my wife or our child because we are not in contact with each other for 2 years. What should I mention in marital status - married or separated. I have not any proof of separation. I do not want to take my wife with me and also I cannot take my child with me as our child is not contact with me and he is living with my wife.
Please give me advice.

Since you are separated and she won't accompany you, write in 'separated' and write a letter explaining the situation. For your child, if you can convince your wife to let your child undergo medical exams you'll keep your options open to sponsor him in the future (while he is a minor). This can keep your child's options open in the future so most people try to do this if at all possible.

 

[gurwinder80]

My wife will neither give any document related to my child nor she will allow for child medical .i had not met with my child for 2 years and I think my child don't know me because he was 2 years old when my wife left me and take my child with her.

 

[canuck_in_uk]

If your wife refuses to allow your child to be included in the app and undergo the medical, try to document it. Letters, emails, texts etc. from her stating that she won't allow it are good to have. I believe others have also submitted letters from other family members attesting to the other parent's refusal. You will need a notarized declaration that you understand your child will be excluded from the Family Class and that you will never be able to sposnor him.

Expect this to delay your app, as CIC is reluctant to exclude children and will make sure that you have exhausted all avenues.

 

[gurwinder80]

I do not contact with my wife for her documents and my child documents, because I am sure she will not provide any documents for my help. She will try to create any harm when she know I am applying for PR . As I can't contact her, I can't give any proof for her refusal to give me any documents.

 

[canadaguys]

My wife living with her Parents for 2 years. We had not met for these two years. Three cases are pending for 2 years: (1) Divorce Case filed by me, (2)after that my wife filed Case to live with me (3) and Case for maintenance charges for her and our 4 years old child living with her.
All above 3 cases are running and there is less chance for these cases to be completed less than 1 year. I am applying for PR Canada under FSWP. I do not want to take my wife with me . She will not provide any documents for filling in application.
1) What should I mention in marital status?
2) Can I apply for PR Canada with these cases pending?
3) I have no marriage certificate, is there any need for marriage proof like marriage photos etc.?
4) Should I mention Not Applicable (N/A) in each field and form related to wife and child? Or what should I do anything else?

Your case is really complicated.


1) You can't keep it as single in the marital status it is direct misrepresentation if they find out you are married and have a kid. (CIC Manual: ENF 2/OP 18 Evaluating Inadmissibility- Failure to disclose changes in marital status or changes in material facts since visa issuance abroad [R51].
2) You can apply for PR but surely they will ask you for divorce certificate. You can submit evidences those showing your divorce is in progress to them with affidavit from your parents. Keep in the form you got divorced and send all these documents to CIC dont wait for the file to reach to delhi office. Because if the CIC officer not satisfied he may reject from there itself.
3) If additional documents for your marriage and divorce is asked you can send them.
4) As you are going to separate no need to mention about your wife. But you must have to mention you have a child. Else again it become misrepresentation.
5) Take the help of a lawyer or ICCRC consultant to file your application as it is really complex.

 

[gurwinder80]

Thanks to all,
Please give me more replies.