Divorce During Immigration Process

[pumadom]

I applied for the FSW 2013 and at the current moment I have the following status:

Already completed medicals with wife and I am waiting for Passports Request. At the moment the wife and I are going to the painful process of a divorce, but if it happens it won't be final until April (divorce decree and all). The wife is willing to complete the process (send passports and all).

So my question becomes:

What's my best option here as the principal applicant who has 69 point by himself. Should I inform CIC when my passports are requested and just send mine or since the Wife is willing to complete the process, should I send both passports to get stamped and then present the Divorce Decree on April before I land on September 2015?

Regards,

 

[mabmabs]

I applied for the FSW 2013 and at the current moment I have the following status:

Already completed medicals with wife and I am waiting for Passports Request. At the moment the wife and I are going to the painful process of a divorce, but if it happens it won't be final until April (divorce decree and all). The wife is willing to complete the process (send passports and all).

So my question becomes:

What's my best option here as the principal applicant who has 69 point by himself. Should I inform CIC when my passports are requested and just send mine or since the Wife is willing to complete the process, should I send both passports to get stamped and then present the Divorce Decree on April before I land on September 2015?

Regards,

You have couple of options, first option is to inform your visa office immediately, BUT it may delay your PR application procedure.

Another option ; you submit your passport and your wife passport and get it stamped and do your landing procedure.

But one thing you need to keep in your mind that eventually at some point you need to inform CIC about your divorce at some point because if you re-marry and will submit your application for sponsorship , then you will have to provide all documentation relevant to divorce. If you get divorce before visa stamping then you MUST inform visa office before your landing to avoid serious consequences in the future.

Best of luck with advise to re-think your decision and try to patch up.
Good Luck.

 

[canuck_in_uk]

So my question becomes:

What's my best option here as the principal applicant who has 69 point by himself. Should I inform CIC when my passports are requested and just send mine or since the Wife is willing to complete the process, should I send both passports to get stamped and then present the Divorce Decree on April before I land on September 2015?

You MUST inform CIC that you are divorcing and remove your wife from your application. If you continue the app with her included even though you are no longer together, you are committing misrepresentation. If CIC finds out, they could revoke your PR status and ban you from Canada.

 

[pumadom]

You MUST inform CIC that you are divorcing and remove your wife from your application. If you continue the app with her included even though you are no longer together, you are committing misrepresentation. If CIC finds out, they could revoke your PR status and ban you from Canada.

Ok. But I understand that in order to get her out, they only do it with if the Divorce Decree is out if not they need for the Wife to be evaluated as my dependant. As I tell you the Decree won't be out until April and I don't know if I can save the marriage, so in that case shouldn't I send the passports?

I am not missrepresentating if I haven't divorce yet?

Thanks,

 

[canuck_in_uk]

Ok. But I understand that in order to get her out, they only do it with if the Divorce Decree is out if not they need for the Wife to be evaluated as my dependant. As I tell you the Decree won't be out until April and I don't know if I can save the marriage, so in that case shouldn't I send the passports?

I am not missrepresentating if I haven't divorce yet?

You can get a notarized declaration of separation and show proof that you've filed for divorce. There have been several others in the same situation who have done this.

It doesn't matter if you haven't divorced yet. If you continue on with your wife included in the app even though your relationship has broken down and you are getting a divorce, it is misrepresentation.

 

[Regina]

You can get a notarized declaration of separation and show proof that you've filed for divorce. There have been several others in the same situation who have done this.

It doesn't matter if you haven't divorced yet. If you continue on with your wife included in the app even though your relationship has broken down and you are getting a divorce, it is misrepresentation.

Agreed.

 

[pumadom]

You can get a notarized declaration of separation and show proof that you've filed for divorce. There have been several others in the same situation who have done this.

It doesn't matter if you haven't divorced yet. If you continue on with your wife included in the app even though your relationship has broken down and you are getting a divorce, it is misrepresentation.

Below you can see what a member of the forum got from CIC after asking to remove his wife from the application without having a Divorce Decree:

"I refer to your application for permanent residence in Canada. We have recently received mailed correspondence requesting the removal of your spouse form your application. Please be advised that in order to remove your spouse it will be necessary to submit the following document:

• Notarized copy of your divorce decree.

Please submit the document as soon as the divorce procedures have been completed. It will be necessary to assess your spouse for admissibility to Canada if you are unable to provide notarized proof of a divorce"

Regards,


So that is what I am asking, if the Embassy will need to asses her anyways then the logical thing would be to send the passports and of course present the divorce once is out (Which would mean her visa would get cancelled)?

 

[canuck_in_uk]

So that is what I am asking, if the Embassy will need to asses her anyways then the logical thing would be to send the passports and of course present the divorce once is out (Which would mean her visa would get cancelled)?

As I said, many others on the forum have had their spouses removed by showing proof that they've separated and filed for divorce.

The logical thing is to not lie to CIC by continuing on with the app as if your marriage hasn't broken down. Just inform them now; that way, you cannot be accused of misrepresentation later on.