HUSBAND HAVING AN AFFAIR WHILE WAITING FOR VISA

[deeandrade]

PROBLEM IS" MY HUSBAND IS WAITING FOR THEIR VISA ALONG WITH MY SON. I WANT TO CANCEL NOW BECAUSE I LEARNED ABOUT HIS WOMANIZING AND HAVING AN AFFAIR. THEY HAVE CHILD. AND HOW CAN I CANCEL HIS PAPERS THAT HE IS NOW JUST WAITING FOR THE VISA? DO U THINK IT WILL ONLY DELAY THE PROCESSING OF MY SON PAPERS FOR PERMANENT RESDNET IN CANADA? DO U THINK MY SONS PAPER WILL GET AFFECTED IF I CANCEL HIS FATHERS VISA?/PAPERS???? HELPPPPPPPPPPPPPPPPPPPPPPPPPPP

 

[mrsh]

i think it would be better for you to call the embassy regarding your case as soon as possible...
And also have a look on this, hope it will help.

If you change your mind about sponsoring, you must write a letter to the Case Processing Centre of Citizenship and Immigration Canada in Mississauga, Ontario, before the permanent resident visas are issued. Once permanent resident visas are issued, however, the promise that you and, if applicable, your co-signer made to support your family is valid for the term in the application.

The application is an unconditional promise of support. For example, if your relative is granted Canadian citizenship, if your relationship breaks down or if your relative moves to another province, the application will not be cancelled. Even if your financial situation changes and you can no longer afford to support a relative, the application remains in effect. You must support the relative financially for the full term of the agreement. http://www.cic.gc.ca/english/information/faq/immigrate/sponsor/relatives-faq04.asp


So if i were you, you have to act as early as now because once your husband is in Canada, you as his sponsor is oblige to support him in 3years. i don't think your child's application will get affected once you cancel the sponsorship of your husband.

God bless and hope everything will be fine .

 

[Gotchaa]

Sorry to hear about your scenario, I think you should consult an immigration lawyer before taking any action. Because if your son's application was filed combined with your husband, it will jeopardize you son's application too. At least it will cost you more time sorry to say. Its better to hire a lawyer and deal with it formally rather than regretting any hasty decision.

 

[AllisonVSC]

I disagree with one point in the previous post that cancelling your husband's application will not affect your child's. I am almost certain you will have to negotiate and settle custody rights (in much the same way that divorced parents must do when one of them wants to immigrate with the children) before they will allow the child to come to Canada if your husband stays behind.

You are definitely going to want some legal advice on this situation. I suggest you contact a lawyer with immigration experience as soon as possible.

 

[Baloo]

You are definitely going to want some legal advice on this situation. I suggest you contact a lawyer with immigration experience as soon as possible.

Like the owners of this forum.
http://www.canadavisa.com/

 

[Mwahugs]

sad to hear that deeandrade.. i agree with the suggestion that you should seek legal advice...as far as i know once the visa is issued already to your hubby and eventhough you are not longer with him, as a sponsor, you have to support him for 3 successive years and i guess it would be unfair on your part...keep my sympathy...Godbless...

 

[PMM]

Hi

sad to hear that deeandrade.. i agree with the suggestion that you should seek legal advice...as far as i know once the visa is issued already to your hubby and eventhough you are not longer with him, as a sponsor, you have to support him for 3 successive years and i guess it would be unfair on your part...keep my sympathy...Godbless...

Not quite correct, the sponsorship can be withdrawn up to the point where the person is "landed"

 

[deeandrade]

hi. i already talk to the agent here in CIC canada and he told me that i can still withdraw the PR Application of my husband so long that the visa is not yet issued. Now he told me to sent a letter to vegreville, alberta where my papers are still on this office. Now, he told me that later when Case Processing Centre recieved this they will ask for my new status if the marriage will be : divorce, annulled or legal separation. And he told me that the papers of my son will not get affected but will add some little time as the changes of my status change. Now , problem is there is no divorce in philippines and annullement is expensive and will take long years and need large amount of money. Now can anyone help me, how can i get/acquire legal separation in manila, philippines do i have to get a lawyer in order to do this? Or do i have to ask Immigration Lawyer in Canada to make a a notary of legal separation that my husband will sign later on? How can i do that? I need help bec the immigration will ask for proof about our status. Thanks

 

[HoneyBird]

You should also fax a copy of the letter to vegreville and send it via fedex or another company so that you get a signature for acceptance.
I think you can get the divorce done in Canada. But someone needs to further advise you on that. You can ask a lawyer. Or Private message Leon or ask the question in his thread..its the first sticky on the top of the page.

 

[deeandrade]

You should also fax a copy of the letter to vegreville and send it via fedex or another company so that you get a signature for acceptance.
I think you can get the divorce done in Canada. But someone needs to further advise you on that. You can ask a lawyer. Or Private message Leon or ask the question in his thread..its the first sticky on the top of the page.

thank you.. i will send it thru Canada Post that has tracking number.. Thanks a lot. I will talk to Immigration Lawyer tomorrow - Atty. Henry Moyal

 

[RobsLuv]

I ask you to proceed with caution. Men are not always the most mature beasts on the planet - but you risk a lot if you cancel his PR application and prevent him from coming to Canada . . . for the simple reason that you will then be in the middle of a custody battle. Do you realize you will have to have your husband's consent to bring your son to Canada? If he refuses, you will have to go back to the Phils and fight in court for full custody of your son. It is very likely you will end up having to choose between Canada and your child. Having had to do that myself (under different circumstances), I can tell you it is something you will regret for the rest of your life.

You have to ask yourself - even though you are understandably and justifiably angry - whether this is what you want, and if it is fair to your son to lose either his father or his mother . . . because one is in Canada and one in the Phils. The three year undertaking is simple - and, really, nothing: IF your husband collects social assistance during the first three years he's in Canada, you have to pay it back. That is your only obligation, really. If you allow him - and your child - to come to Canada and the marriage breaks down, then how bad off are you as compared to it breaking down between Canada and the Phils and you, possibly, losing access to your son?

My personal opinion: it's best for the child to have access to both of his parents . . . his Dad and his Mom (together or not), at least in the same country! Unless you want to go back to the Phils to be with your child, you could lose him. It's probably better to decide that maybe there's a chance to patch things up, and get your husband to Canada. Then see how things play out. IMHO, it's a VERY, VERY BAD IDEA to involve Immigration Canada at this juncture just because you want to punish your husband for having an affair. There is a child that you share - and HIS welfare has to be what's most important. Reconsider closing doors for the simple reason of revenge. If you have your son with you - who gives a rat's a$$ what ultimately happens with your cheating husband? Worst case scenario, in 3 years time you're done with him - but you have your son for a lifetime. He may be a cheat - but DON'T let him cheat you out of your son, too!

 

[canadianwoman]

The OP is filing through Vegreville, so the husband and son must already be in Canada.
As well, you can cancel the sponsorship due to marriage breakdown even if you have not yet gotten divorced, a legal separation, or the marriage annulled.

 

[suezy]

i agree 100% with robsluv doing things out off anger is not in the best interest of the child.look at three yrs to compare to forever with your child . dont sacrifice putting yourself and your child through the torture of legal battles spending countless money when the money can go forward to buy ticket to get your son with you then do what is necessary after your son is with you.let him go and move on life is short .try and spend some special moments with your son and embrace life with him.

 

[Baloo]

Also note:

IF your spouse becomes a PR and IF your spouse claims welfare for the full duration (unlikely) you could be looking at a bill IRO $18,000 (depending on the location).

 

[Gotchaa]

Also note:

IF your spouse becomes a PR and IF your spouse claims welfare for the full duration (unlikely) you could be looking at a bill IRO $18,000 (depending on the location).

This is true! My wife had to pay back more than 10,000 CAD to the government for her sponsored ex-husband who went on welfare, before she could be eligible to sponsor me and it created all sorts of problems with CIC as well.