Failed Marriage after getting VISA, SErious family problem, hardship in my life

[imcool1]

[size=10pt]Hello Guys,
[/size]My info
- My nationality is Indian and I am 30 year old
- married for ~4 years, but came here alone as it was for studies
- finished 2 years university from Ontario in JAn 2016
- working as full time employee in reputed company in ONtario
- I have 3 years open work permit valid from this month.
- Planning to file pnp NEXT YEAR as its closed this year.
- Ielts general 7 bands
- I have father and mother back home which are NOT in CANADA. I am the only one in CANADA.
- I gave a copy of my marriage certificate while I applied for VISA in JUNE 2014
- I have no Kids
- I have not been charged ever anywhere anytime in the world for any type of issue.
- My wife has a job back home.
_

following is my PROBLEM -
My wife and her family is creating trouble and asking me to come back to INDIA and leave everything in canada because she is only single child and they don't want her to live far from their parents, so her parents are forcing and (just couple hours back) they threatened my family while they visited my parents.
_ I Tried a lot to convince MY WIFE and her parents but they won't understand and getting furious day by day saying that we have already waited a long time{ by long time they meant the time I spent here starting from sep2014}
_ I asked them to send my wife right away but they wont do that at all and saying that we don't want to keep this relationship.
_ after getting my WORK VISA I was about to file her WORK VISA AND call her here but I got backed up because of new job and moving on stuff.


After 30 days of this all tensions, I have made up my mind to move On and leave her and get a divorce because the way they are acting right now and not willing to listen or understand anything, things are not going to work out in future, and no one wants these types of trouble in their life.


Following are my questions:

1. Her father is giving me and family a threat that " he Will email Canadian embassy and f**K up my career here", <<<-- need your expert comments here
2. Which document will I need at the time of PNP and/ OR PR saying that I am not married anymore.



Please advise guys,if you don't know and can help me out by asking someone who would know about this type of situation then your 2 minutes efforts can help someone coming out of this hardship situation.

I appreciate your time for reading this.

 

[CDNPR2014]

your inlaws can do what ever they want. i suggest you call their bluff. CIC isn't going to just take a poison pen letter at their word, they will investigate it further, and will make a decision based on what they learn. if you are divorced before you submit your PNP application, then she will not be connected to your application. it doesn't matter how she was listed in your previous application. if you are not divorced by the time you submit your next application, do not lie about your status. simply write you are separated, are seeking a divorce and list her as non-accompanying. provide all documentation to prove this. Either way, i'd recommend including a letter in your next application about their threats (if they continue). That way you have yourself covered if they do in fact make good on sending CIC a letter. REmember, they are only trying to scare you into doing what they want you to do. Do what's right for YOU and ignore them!!!

If they send a letter now, then it's not going to do anything. CIC isn't going to care about what they say because you are already in canada and have a valid visa for being here. i highly doubt your current visa is going to be revoked because of your inlaws trying to cause trouble for you. if anything, it will only make them look ignorant, and may cause issues for THEM in the future if they want to immigrate themselves. Do you realize how many people CIC approves for visas every day? do they have your UCI or file number? Do they have your passport number? if not, how are they going to prove who you are? If they do have your info, then again let them try to do what they want to do. PRetty sure they will get a dose of reality and CIC will tell them to mind their own business. also, more than likely the letter they send will look foolish and like what it is... someone pissed they can't control what choices their son in law is making regarding his own life. CIC is not in the business of family feuds, and they only care about the truthfulness in your application. if you lie, then it will become an issue.

 

[foodie69]

You have already four threads going with the same question... the answers will remain the same.

 

[fswevaluation]

2 cents opinion--Tell your in-laws to f** off and get a divorce immediately in Canada and then send the same document to Indian authorities and tell everybody to fu** off your life.

 

[foodie69]

2 cents opinion--Tell your in-laws to f** off and get a divorce immediately in Canada and then send the same document to Indian authorities and tell everybody to fu** off your life.

Sensible advise, love it! ;D

 

[maged_mmh]

only 1 advice: invest your time till next year improving your IELTS

 

[imcool1]

your inlaws can do what ever they want. i suggest you call their bluff. CIC isn't going to just take a poison pen letter at their word, they will investigate it further, and will make a decision based on what they learn. if you are divorced before you submit your PNP application, then she will not be connected to your application. it doesn't matter how she was listed in your previous application. if you are not divorced by the time you submit your next application, do not lie about your status. simply write you are separated, are seeking a divorce and list her as non-accompanying. provide all documentation to prove this. what documents Please give example Either way, i'd recommend including a letter in your next application about their threats (if they continue). That way you have yourself covered if they do in fact make good on sending CIC a letter. REmember, they are only trying to scare you into doing what they want you to do. Do what's right for YOU and ignore them!!!

If they send a letter now, then it's not going to do anything. CIC isn't going to care about what they say because you are already in canada and have a valid visa for being here. i highly doubt your current visa is going to be revoked because of your inlaws trying to cause trouble for you. if anything, it will only make them look ignorant, and may cause issues for THEM in the future if they want to immigrate themselves. Do you realize how many people CIC approves for visas every day? do they have your UCI or file number? Do they have your passport number? if not, how are they going to prove who you are? no they dont have any information about me no UCI, no passport etc, all they have is my address in Canada If they do have your info, then again let them try to do what they want to do. PRetty sure they will get a dose of reality and CIC will tell them to mind their own business. also, more than likely the letter they send will look foolish and like what it is... someone pissed they can't control what choices their son in law is making regarding his own life. CIC is not in the business of family feuds, and they only care about the truthfulness in your application. if you lie, then it will become an issue.

I really appreciate inputs from you and all other fellow memers

 

[imcool1]

2 cents opinion--Tell your in-laws to f** off and get a divorce immediately in Canada and then send the same document to Indian authorities and tell everybody to fu** off your life.

I wish I could do that but now they are saying we won't leave we want $$$$$$$ and real estate

 

[Rob_TO]

I wish I could do that but now they are saying we won't leave we want $$$$$$$ and real estate

You are in Canada, they are in India. I don't see the problem here if you just ignore them.

 

[Leon]

I wish I could do that but now they are saying we won't leave we want $$$$$$$ and real estate

So what are you afraid they will do if they don't get what they want? Do you think they might harm your family?

Sorry but I don't see much of a way out. In order to protect yourself, you should keep a written journal of all your communication with them. Try to communicate in email if you can in order to have something written down. If it is by phone, tell them when they call that you can not talk and that you will call them back. Then arrange a witness who speaks your language to come to your house and call them on speaker. Afterwards, have the witness write down what they said, date it and sign it. Even better, tape the phone calls. Later you can have a translator translate them if necessary. If successful, you will have a record of their demands (that you return to India or otherwise give them money and real estate) and if not met, that they will threaten your family and write poison pen letters to CIC.

If you have lived in Canada for more than one year, you can file for divorce in Canada. Your wife can try to fight it all she wants but wont be successful. I do not know however if a Canadian divorce is also valid in India. You would have to ask a lawyer there. Be aware that getting divorced in Canada, your wife may be granted half your assets and spousal support unless you had a prenuptial agreement at your wedding.

For immigration, as others have said, next time you apply for something from them, list your status as separated if you are not yet divorced. If/when you apply for PR, if you are still married, write separated and include your wife on the application as not accompanying. However, as your wife will unlikely be accommodating about filling out her background info and getting medicals, you may not be able to get your PR until you are fully divorced from her.

How does it work in India? Can you divorce her there if she disagrees?

 

[imcool1]

So what are you afraid they will do if they don't get what they want? Do you think they might harm your family?
I don't think so but I don't trust him anymore, as he threatened to go too low

Sorry but I don't see much of a way out. In order to protect yourself, you should keep a written journal of all your communication with them. Try to communicate in email if you can in order to have something written down. If it is by phone, tell them when they call that you can not talk and that you will call them back. Then arrange a witness who speaks your language to come to your house and call them on speaker. Afterwards, have the witness write down what they said, date it and sign it. Even better, tape the phone calls. Later you can have a translator translate them if necessary. If successful, you will have a record of their demands (that you return to India or otherwise give them money and real estate) and if not met, that they will threaten your family and write poison pen letters to CIC.

If you have lived in Canada for more than one year, you can file for divorce in Canada. Yes I have lived here for more than 2 years. Your wife can try to fight it all she wants but wont be successful. I do not know however if a Canadian divorce is also valid in India. You would have to ask a lawyer there. Be aware that getting divorced in Canada, your wife may be granted half your assets and spousal support unless you had a prenuptial agreement at your wedding.One thing for sure as she didnt want to come here so how will she defend herself if I file for divorce from here. Also, I dont have any agreement but I dont have any Property here in Canada I only have money in my account which I saved by working here and there

For immigration, as others have said, next time you apply for something from them, list your status as separated if you are not yet divorced. If/when you apply for PR, if you are still married, write separated and include your wife on the application as not accompanying. However, as your wife will unlikely be accommodating about filling out her background info and getting medicals, you may not be able to get your PR until you are fully divorced from her.
what will happen if I write married and wont apply for PR and then get divorce later?

What if I file divorce here and get divorce from here before applying for PR

How does it work in India? Can you divorce her there if she disagrees?
In India its long process at least 6months if both parties completely agrees. If one party doesn't agrees then it can take years.
I spoke to a lawyer here in Canada and he said that I can get divorce from here, but I am worried about status in Canada wrt to married or divorce before applying PR, I am not worried about canadian divorce getting accepted in INdia as I am not going back home unless things get resolved.



Thank you very much for taking time to read my long post and inputs.

 

[abstalks]

Dude...I feel for you. This will unnecessarily drag you down if you do not play it right.

If it was me, my first strategy would be to talk to my wife and remind her that I lover her a lot. And then tell her that it will be good for me, for her and for our kids to have a Canadian lifestyle. I will tell her that even if it is not for us, let us do it for our kids who will hold Canadian passports....they can work anywhere and truly become global citizens of the world! The lifestyle we can provide our kids in Canada...might not be possible in India anymore.

Keep working this angle and tell her that it is "our" life and none of our parents should interfere. Her parents will die sooner than her...your parents will die sooner than you...Finally...it is just you two who will be together. Hence only you guys should take a call on your own future.

The best thing would be that you have records of all this conversation, either written or audio records. However, talk to your lawyer and see if audio records are admissible cause there are laws surrounding this.

If after months of using this strategy, things do not work out....then unfortunately you better get a divorce right now. Be prepared to loose a lot of your savings but do not worry too much about it. You will earn all of this back. Just make sure you score a one-time settlement deal; no alimony bullsh*t.
At this time, make sure you record all the threats you and your family receives. Teach your family how to record and stuff.

 

[Leon]

So what are you afraid they will do if they don't get what they want? Do you think they might harm your family?
I don't think so but I don't trust him anymore, as he threatened to go too low
So if you think he may harm your family, would you not get divorced?

Your wife can try to fight it all she wants but wont be successful. I do not know however if a Canadian divorce is also valid in India. You would have to ask a lawyer there. Be aware that getting divorced in Canada, your wife may be granted half your assets and spousal support unless you had a prenuptial agreement at your wedding.One thing for sure as she didnt want to come here so how will she defend herself if I file for divorce from here. Also, I dont have any agreement but I dont have any Property here in Canada I only have money in my account which I saved by working here and there
I am sure the court will notify her about the pending divorce as you will have to give them her contact information so she could get a Canadian lawyer and fight for her rights. If you have assets in India, the Canadian courts might rule on them as well.

For immigration, as others have said, next time you apply for something from them, list your status as separated if you are not yet divorced. If/when you apply for PR, if you are still married, write separated and include your wife on the application as not accompanying. However, as your wife will unlikely be accommodating about filling out her background info and getting medicals, you may not be able to get your PR until you are fully divorced from her.
what will happen if I write married and wont apply for PR and then get divorce later?

What if I file divorce here and get divorce from here before applying for PR
If you extend your work permit, write married, don't apply for PR, nothing will happen but you should probably write separated if you don't think you are getting back together. If you later divorce and apply for PR as divorced, you will not have a problem.

How does it work in India? Can you divorce her there if she disagrees?
In India its long process at least 6months if both parties completely agrees. If one party doesn't agrees then it can take years.
I spoke to a lawyer here in Canada and he said that I can get divorce from here, but I am worried about status in Canada wrt to married or divorce before applying PR, I am not worried about canadian divorce getting accepted in INdia as I am not going back home unless things get resolved.

So get divorced in Canada then. If you try in India, she will probably refuse to agree with the divorce.

 

[imcool1]

What should I write as marital status in PR application in case if I am unable to get divorce before PR application?

separated ?" if separated then, can I submit legally divorced paper while the PR application is in process?

is Indian divorced paper valid in CIC?

because one thing is for sure that she doesn't want to come here.

 

[Leon]

What should I write as marital status in PR application in case if I am unable to get divorce before PR application?

separated ?" if separated then, can I submit legally divorced paper while the PR application is in process?

is Indian divorced paper valid in CIC?

because one thing is for sure that she doesn't want to come here.

If you know that you will not get back together, write separated and list her as not accompanying on your application. They may ask for her to do medicals. You may have to show some proof of separation. As you can prove that you have lived in Canada for the past years and she hasn't, that might suffice. Otherwise a separation agreement might be good or if you can get emails between you translated showing that, it might help too. I don't suppose she would be willing to undergo a medical anyway but proving you are separated, you can ask for her to be removed from your application. You would never be able to sponsor her for PR. That would be it. Of course if you get divorced in the meantime, you can hand in those papers and they will remove her from your application. Immigration should accept Indian divorce papers but you said it could take years if she fights it?