Family class sponsor - Divorce?

[dumyguy]

Might be wrong place to ask, but not sure where else to ask, so..
backstory and such:

My wife and I met a couple years ago, 2016, and rushed into marriage pretty quickly. I thought it was because we both loved each other, but I guess I was wrong. She is Chinese, and I am Canadian, and we met online while she was studying in the States. I came to live with her on passport/visa and we ended up going to China and getting married soon after.

Next year, 2017, we started the immigration process, which all went smoothly, and she was approved some time in early 2018. Over the summer, I drove our stuff up to Ottawa and found a place for us, while she went to visit her family in China.

Upon her return, around 2 weeks ago, she officially landed and I brought her home. I noticed an excessive amount of texting to a new friend. I never mentioned anything, but this had me suspicious as she had some previous interesting phone experiences in the past. I had an opportunity to snoop through her phone last night, where I found messages to this guy where she said the usual unusual things, "wo xiang ni" (I miss you), "laogong" (husband), "wo ai ni" (I love you), as well as probably 2000+ texts over the past 2 weeks, and video calls while she was over at a friends.

Obviously I confronted her, to which she confessed that she maybe possibly definitely kissed him and then some during some drunk nights in China. I told her I wasn't interested in being with a cheater, etc etc.

tl;dr, wife is cheating after 2 years of apparently unhappy marriage and successful immigration

As for my question, what is the divorce process, and how would it effect either of us if I were to proceed? I never thought I would need to know...

 

[canuck78]

Unfortunately she has already landed and you have been married for 2 years. You should report her as soon as possible if you think this was marriage fraud but it will be up to CIC what happens. Not sure if this is really fraud or just marriage breakdown? The bad part is that you are now responsible if she decides to go on welfare for the next 3 years.

 

[1887CAN]

Report the change in circumstances to IRCC, advising you’re now separated. You’ll need to be legally separated for 12 months before you can file for divorce in Ontario.

As for IRCC, if you feel this was a marriage of convenience/marriage fraud, then state that clearly to IRCC. They will investigate and they take matters like these very seriously. If their investigation progresses, your wife will have an opportunity to give her side. IRCC waived the requirement for spouses to live together for two years after the PA lands, due to concerns that the PA could stay in an abusive relationship over fears of losing their status.

As it stands, your separation will not affect your wife’s PR status, and as has been stated by canuck78, you’ll be financially responsible for you wife during the period of separation, post divorce (if this is something you proceed with), for the whole three years. The only exception to this will be if you can prove the marriage was fraudulent and your wife/ex-wife is deported. Only IRCC can determine, with any evidence presented to them, that this is a case of marriage fraud. I’ve no idea how long this takes to determine.

I’m sorry you’re going through this, I can imagine it’s a painful experience. I hope this issue is resolved one way or the other.

 

[dumyguy]

I dont think it was fraud, we were happy together and we had our lives planned out.. I guess she just decided she wanted some bonus excitement and didnt think she would get caught

 

[1887CAN]

I dont think it was fraud, we were happy together and we had our lives planned out.. I guess she just decided she wanted some bonus excitement and didnt think she would get caught

If it’s just a marriage breakdown because it’s not working out, then I don’t think you don’t have to do anything with regard to your wife’s status or contact IRCC. I would double check with the IRCC call centre to see if they need to be informed regarding your marital status changes.

If there’s no marriage fraud or deception, and the marriage can’t be saved, you simply legally separate and file for divorce after a 12 months. There’s lots of information online about this process, and a simple uncontested divorce can be done by yourselves very easily. Hire a lawyer if you’re uncomfortable in filing the documents yourself.

You just need to be aware, as has been stated by previous posters, that irrespective of your marital status, you are financial accountable for your wife if she ever receives welfare/financial government assistance, for three years from the age she landed.