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If wife committed adultery

jrlumawig

Newbie
Aug 21, 2011
1
0
:mad:. Can anyone help me with this questions? Here is the scenario: my cousin has a family application as nominee already approved. During those times, he and his wife were still in good terms.Just 3 weeks ago, my cousin found out that his wife has other affair, and just 1 week ago, Canadian immigration was asking them to file another form to be filled out by my cousin and his wife, as both had a new baby,that form is to for the baby to be declared as additional dependent.Now, the question is, my cousin doesn't want his wife to come with them here in Canada,my cousin wishes that only him and the 3 kids be immigrated here in Canada. 1).What could be the best step to do? One is I think sure at this moment, not to get their marriage annulled as it involves lots of money, but maybe will file a case against the devil wife. 2). Can my cousin take his kids with him knowing that they are all minors. 3). What if the devil wife won't sign affidavit saying that she is the mother and allowing my cousin to have 3 kids travel with him? Because backhome's law implements that only mother of the kids can travel with them when they are still minors. 4). Can my cousin and his kids be able to get a tourist visa while their family stream application is in process? Thanks so much in advance... Anyway, the immigration is giving him just till Sept 18,2011 to complete the form for additional dependent, he received this form whilst the chaos is just starting..
 
P

paris_33

Guest
jrlumawig said:
:mad:. Can anyone help me with this questions? Here is the scenario: my cousin has a family application as nominee already approved. During those times, he and his wife were still in good terms.Just 3 weeks ago, my cousin found out that his wife has other affair, and just 1 week ago, Canadian immigration was asking them to file another form to be filled out by my cousin and his wife, as both had a new baby,that form is to for the baby to be declared as additional dependent.Now, the question is, my cousin doesn't want his wife to come with them here in Canada,my cousin wishes that only him and the 3 kids be immigrated here in Canada. 1).What could be the best step to do? One is I think sure at this moment, not to get their marriage annulled as it involves lots of money, but maybe will file a case against the devil wife. 2). Can my cousin take his kids with him knowing that they are all minors. 3). What if the devil wife won't sign affidavit saying that she is the mother and allowing my cousin to have 3 kids travel with him? Because backhome's law implements that only mother of the kids can travel with them when they are still minors. 4). Can my cousin and his kids be able to get a tourist visa while their family stream application is in process? Thanks so much in advance... Anyway, the immigration is giving him just till Sept 18,2011 to complete the form for additional dependent, he received this form whilst the chaos is just starting..
First of all, remember hiding this fact that your cousin is no longer in love with his wife may put him in danger in the future.

1 / File a case against the cheating wife. Inform the visa office of the situation.
2 / yes, your cousin can still immigrate with his kids, as his wife is an adulterous person and a cheater. she no longer meets the definition of a caring mother if she cheated on her husband.
3 / even if she does not sign, there are provisions where your cousin can take them when he can prove that she had an adulterous relationship with another man.
4/ yes, your cousin can still apply for visitor visas even if his PR application is in process. this is called dual-intent. however, your cousin must prove that he will leave Canada when his period of visit expires due to binding ties to his home country such as job, house, business, family members, parents e.t.c.

Do not let your cousin proceed with his wife to Canada. The entire relationship will be subject to verification checks by the CSIS which is Canadian Security Intelligence Service. If they find out about this, your cousin will be permanently banned from entering Canada and if, he is in Canada, will be removed from Canada immediately for lying on the visa application.

Take the safe route ... tell the truth ... be hones .... even if it takes a bit more time ... the visa officer will be glad that your cousin is being honest throughout the process.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

1. Come on, at least move from the 19th century to the 20th century.
2. You think husbands don't cheat on wives, or doesn't that count in your opinion?
3. The cousin won't be able to emigrate with the children unless he can prove that he has full custody and the ability to remove them from their country.
4. I would somehow doubt that the courts would give custody if the spouse just says " I heard my wife was playing around", although I don't have any proof.
5. CSIS doesn't investigate marriages, it only investigates security concerns.
 

rjessome

VIP Member
Feb 24, 2009
4,354
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paris_33 said:
First of all, remember hiding this fact that your cousin is no longer in love with his wife may put him in danger in the future.

1 / File a case against the cheating wife. Inform the visa office of the situation.
2 / yes, your cousin can still immigrate with his kids, as his wife is an adulterous person and a cheater. she no longer meets the definition of a caring mother if she cheated on her husband.
3 / even if she does not sign, there are provisions where your cousin can take them when he can prove that she had an adulterous relationship with another man.
4/ yes, your cousin can still apply for visitor visas even if his PR application is in process. this is called dual-intent. however, your cousin must prove that he will leave Canada when his period of visit expires due to binding ties to his home country such as job, house, business, family members, parents e.t.c.

Do not let your cousin proceed with his wife to Canada. The entire relationship will be subject to verification checks by the CSIS which is Canadian Security Intelligence Service. If they find out about this, your cousin will be permanently banned from entering Canada and if, he is in Canada, will be removed from Canada immediately for lying on the visa application.

Take the safe route ... tell the truth ... be hones .... even if it takes a bit more time ... the visa officer will be glad that your cousin is being honest throughout the process.
This is some pretty BAD advice.

1. File a case with whom? CIC? No. What he would do as far as CIC is concerned is advise them that the wife is non-accompanying due to separation and/or he may try to remove her from the application. If she is not medically examined, he will never be able to sponsor her.
2. Definition of "caring mother" is NOT anywhere in the Immigration and Refugee Protection Act or Regulations. No, he may not be able to immigrate with the kids UNLESS there is a custodial agreement and the wife provides her consent to allow the children to accompany him to Canada.
3. What provisions? See above. Nothing in IRPA or IRPR.
4. This is the only one you got right, partially. However, the same situation applies to the kids. For international travel with children where both parents are not travelling, you often have to show custodial documents and/or signed/sworn statements from the other parent allowing the children to travel.