Help shed some light on PR Status and Marraige Breakdown Please!

[screech339]

Well if the in-laws have had her COPR since last April of last year, she should have landed by now. I don't recall COPR validity lasting this long unless OP had her medical done in March 2013 before COPR was issued. This would mean she has until March 2014 to land in Canada (1 year medical validity). The OP could contact VO to say that she never received her COPR. VO could re-issue her a new COPR, this time addressed to her instead of the in-laws address.

Screech339

 

[keesio]

The OP could contact VO to say that she never received her COPR. VO could re-issue her a new COPR, this time addressed to her instead of the in-laws address.

Sounds like that is exactly what the OP did. But the OP needs to check the validity of the COPR she got... sounds like she got it awhile ago and what is the expiry date?

 

[screech339]

Sounds like that is exactly what the OP did. But the OP needs to check the validity of the COPR she got... sounds like she got it awhile ago and what is the expiry date?

Yes the OP would need to check the expiry date of the COPR issued to her. She has to land before the date listed.

 

[SenoritaBella]

Here's an interesting case: http://www.canlii.org/en/ca/irb/doc/2013/2013canlii62898/2013canlii62898.html?searchUrlHash=AAAAAQAmc3BvbnNvcnNoaXAgbWlzcmVwcmVzZW50YXRpb24gZGFtYXNjdXMAAAAAAQ

 

[screech339]

Here's an interesting case: http://www.canlii.org/en/ca/irb/doc/2013/2013canlii62898/2013canlii62898.html?searchUrlHash=AAAAAQAmc3BvbnNvcnNoaXAgbWlzcmVwcmVzZW50YXRpb24gZGFtYXNjdXMAAAAAAQ

It is an interesting link. However the key word in the ruling against her was that she was informed prior to landing that her husband wanted to withdraw the sponsorship. She misrespresentated herself in that she knew about the sponsorship withdrawal. She basically tried to land after the husband withdrawn the sponsorship.

In the OP's case, she wasn't formally informed from her local VO that her husband wanted to withdraw the application. We don't know if the husband officially did this or not. So until the OP get a response that the husband wanted to withdraw application, OP can still legally land.

 

[screech339]

Once the OP officially lands before her husband withdrawn the sponsorship, the husband can't do anything to you. You landed official before husband can withdraw.

 

[zardoz]

I'm going to play Devil's Advocate here.

We have only heard one side of the story.... Maybe the in-laws were trying to protect their son?

Discuss.

 

[keesio]

I'm going to play Devil's Advocate here.

We have only heard one side of the story.... Maybe the in-laws were trying to protect their son?

Discuss.

I was thinking the same thing also. Perhaps they suspect a marriage of convenience. Hence my question to the OP on if the OP would still want to immigrate to Canada even with the marriage on the rocks.

 

[Alurra71]

I'm going to play Devil's Advocate here.

We have only heard one side of the story.... Maybe the in-laws were trying to protect their son?

Discuss.

Regardless of what they thought they were doing, it was and is against the law for them to hold onto a legal document to then decide when they FEEL like it should be given. Advice from a parent is perfectly natural and should always be heard with a 'grain' of salt, however, in the end it is up to the ADULT child to make his/her own decisions without fear or reprisal from a 'jilted' parent.

There are many things my children have done that I don't agree with. I will advise them about how I feel and allow them to make their own choices. Ultimately it is their lives and I have been wrong with my thoughts and feelings. On the other hand, I have also been correct, but it was a learning experience for them and used as such.

I'm very tired and prone to rambling in that state. So I will close with my 'vote' of HELL NO, they should NOT be sitting on HER legal document.

 

[Alurra71]

I was thinking the same thing also. Perhaps they suspect a marriage of convenience. Hence my question to the OP on if the OP would still want to immigrate to Canada even with the marriage on the rocks.

Perhaps they didn't think she had the correct color eyes/hair/skin to be part of their family so they figured they would cause extra strife and strain on an already emotionally harsh process helping to kickstart the now separation heading for divorce? .... Just a thought

 

[keesio]

Perhaps they didn't think she had the correct color eyes/hair/skin to be part of their family so they figured they would cause extra strife and strain on an already emotionally harsh process helping to kickstart the now separation heading for divorce? .... Just a thought

Who knows? Who knows if the spouse is in on it (told parents to hang on to it)?

 

[AAA570]

Sounds like that is exactly what the OP did. But the OP needs to check the validity of the COPR she got... sounds like she got it awhile ago and what is the expiry date?

yes, indeed I did have them resent to myself at a different address after contacting CIC and realizing that the home address I had filled on my application wasn't anywhere in their system .... My COPR says its valid till the beginning of next month which is why I am trying to figure out how to properly handle and address this before I run out of time.

I'm going to play Devil's Advocate here.

We have only heard one side of the story.... Maybe the in-laws were trying to protect their son?

Discuss.

I had been in a relationship for a total of 6 years it was far from a marriage of convenience.. there are a lot of factors that play a role in the relationship breakdown and I can assure you no one would see think that the marriage took place for Canadian status, In fact it was them who pushed and encouraged that I do in the beginning. There has been incidents and situations where things have escalated and turned into physical and verbal abuse and high stress factors involved along with many other factors that led me to towards my decision to separate. These incidents had been brought to my in-laws attention once things began to get more out of control and noticeable in the relationship.. Once they realized that I have indeed grown fond of this country there position was I either stayed and found a way to make the relationship right and they would continue in proceeding to allow me to finish my COPR landing or I am to forget about my papers and any ties and lifestyle I have acquired in this country if it doesn't involve me staying with them and that I am to go back to the US and forget about Canada completely .Generally speaking my in-laws take reign and control over all family matters involving any of their direct family members and in addition the immigration lawyer dealing and having my application processed happened to be a very good friend of my in-laws on and off business hours which is why they were so involved. Its a very |complex " or "unpleasant" for the lack of a better word all together...

 

[screech339]

When you mentioned the immigration lawyer being close friends of the in-laws, that is a conflict of interest right there.

 

[keesio]

yes, indeed I did have them resent to myself at a different address after contacting CIC and realizing that the home address I had filled on my application wasn't anywhere in their system .... My COPR says its valid till the beginning of next month which is why I am trying to figure out how to properly handle and address this before I run out of time.

If there has been no formal filing for separation that you are aware of, then your best option is to try to land ASAP. When asked if there has been any change in your relationship, you can honestly say "no" since legally there has been no change. Even if your husband ended up filing something without your knowledge, you answered honestly because you didn't know at the time - so you didn't misrepresent yourself (though proving this may be a challenge). If it turns out that he cancelled it without your knowledge and you get denied, so be it. But you can give it a shot.

 

[Rob_TO]

If there has been no formal filing for separation that you are aware of, then your best option is to try to land ASAP. When asked if there has been any change in your relationship, you can honestly say "no" since legally there has been no change. Even if your husband ended up filing something without your knowledge, you answered honestly because you didn't know at the time - so you didn't misrepresent yourself (though proving this may be a challenge). If it turns out that he cancelled it without your knowledge and you get denied, so be it. But you can give it a shot.

Ya I would tend to agree with this. Only the OP can say if their spouse is the type of person that would actually go ahead to cancel their sponsorship. Or if OP does land and get PR status, if the spouse would try to keep tabs on her to see if she got PR and then try to contact CIC to claim misrepresentation.
If a mutual breakup occurs with no really hard feelings and the sponsor doesn't worry that the PR will go on social assistance, then in some cases they may just not even care about the undertaking commitment.