ITA Received but Marriage in Jeopardy - HELP Need Guidance

[Raptor33]

Thank you, everybody.

So I have an update on my circumstances. My wife has filed for a divorce case, the first hearing is scheduled on mid-June 2023.
My last date to submit the application is in 10 days time i.e before the first course hearing.

I was thinking about attaching below in supporting documents:

a) An affidavit implying that I no longer wish to reconcile with her. I would get it notarized through my lawyer.
b) The copy of the petition (the case she filed against me) she has submitted in court.

I can manage a)
but my concern is b)

because the case she has filed on me has false allegations against me.

If I am to attach that petition CIC would reject my case based on the kind of petition she has filed in the court. The petition has a lot of false accusations.

Please advise

I understand your concern. I would not recommend attaching the copy of the petition that your wife has filed against you to your immigration application. The allegations in the petition are false, and including them in your application could give IRCC the impression that you are not a credible person.

Instead, I would recommend focusing on providing evidence that your marriage has broken down irretrievably. This evidence can include things like a separation agreement, a divorce decree, or a letter from a therapist or counselor stating that your marriage is beyond repair. You can also provide evidence of your financial independence and your ability to support yourself in Canada.

If you have any questions about your immigration application, you should speak to an immigration lawyer or consultant. They can help you understand the requirements and ensure that your application is complete and accurate.

 

[tccc]

In the application, now I have set my marital status as legally separated.

I no longer need to upload my wife's documents.

Is my application going to be processed by IRCC? are they going to ask me for divorce certificate?

I am not a lawyer nor RCIC.

I don't see a big problem in your case, since really what IRCC cares is your eligibility, and you, alone, is eligible to claim all the points needed for the ITA.

SoI think change your application to single (or married but no companion) is fine, I would probably just write a LOE just indicate that your marriage situation has changed and your wife (soon to be ex-) is no longer pursuing the PR status (with you). Don't over complicate it, worse case is they ask for ADR which you have another chance to submit more docs.

Honestly I don't think IRCC would really care your marriage status since it's not material to your application, so take it easy.

 

[Atif Ben]

Thank you, guys,

Here is an update on my case. The divorce terms are getting finalized between me and my spouse (soon-to-be-ex).

But their lawyer hinted to me that they do have a plan to make my complaint to IRCC.

I would like to know what can I do to safeguard my application in case they plan to do this low-quality action.

 

[iSaidGoodDay]

Thank you, guys,

Here is an update on my case. The divorce terms are getting finalized between me and my spouse (soon-to-be-ex).

But their lawyer hinted to me that they do have a plan to make my complaint to IRCC.

I would like to know what can I do to safeguard my application in case they plan to do this low-quality action.

If there's anything you failed to disclose, you can't do much. You'll have to wait and see what IRCC thinks.

If there's no hiding info or failure to disclose a past charge/conviction - nothing that they can do will impact you.

 

[Atif Ben]

There is nothing on me.

My Poice certificate is clean. So I should be good.

 

[iSaidGoodDay]

There is nothing on me.

My Poice certificate is clean. So I should be good.

In India we have 498A, where they can drag you on in a court over a simple allegation. Ask your lawyer if you folks have anything similar in Pakistan.

 

[Atif Ben]

We are actually going to sign a Divorce deed which states that it is done based on mutual consent.

 

[tccc]

Thank you, guys,

Here is an update on my case. The divorce terms are getting finalized between me and my spouse (soon-to-be-ex).

But their lawyer hinted to me that they do have a plan to make my complaint to IRCC.

I would like to know what can I do to safeguard my application in case they plan to do this low-quality action.

I don't remember any question asked by IRCC about how well was your marriage going, so I don't see what complaint they could make to impact IRCC's decision.

If you did not lie or hide anything from IRCC, then you are fine. They lawyer is probably just try raising their negotiating power.

 

[iSaidGoodDay]

I don't remember any question asked by IRCC about how well was your marriage going, so I don't see what complaint they could make to impact IRCC's decision.

If you did not lie or hide anything from IRCC, then you are fine. They lawyer is probably just try raising their negotiating power.

"Composition change" - IRCC has to be updated about that.

 

[Atif Ben]

Hi Guys,
I have an update in my case and looking for your advice.
Quick background: I submitted my EE profile with a letter of explanation stating that my marriage is going to end soon. Also, I have attached a notarized affidavit stating that I will not reconcile with my wife and also not sponsor her.

As of now, I have the court order for the dissolution of the marriage. However, I do not have the divorce decree issued by the government yet. It will take another 90-100 days to get that.

Should I submit the court order in the web form to IRCC? is it going to be enough?
or
Should I wait for IRCC itself to ask for an update through the ADR and then submit the court order?

please guide

 

[AishB]

Hi Guys,
I have an update in my case and looking for your advice.
Quick background: I submitted my EE profile with a letter of explanation stating that my marriage is going to end soon. Also, I have attached a notarized affidavit stating that I will not reconcile with my wife and also not sponsor her.

As of now, I have the court order for the dissolution of the marriage. However, I do not have the divorce decree issued by the government yet. It will take another 90-100 days to get that.

Should I submit the court order in the web form to IRCC? is it going to be enough?
or
Should I wait for IRCC itself to ask for an update through the ADR and then submit the court order?

please guide

Unless a divorce is finalized, IRCC would still require all details for your spouse. Best to reach out to an authorized lawyer on how to proceed. It's upto IRCC to either accept or reject the docume ts you send before a divorce is finalized.

 

[tccc]

Hi Guys,
I have an update in my case and looking for your advice.
Quick background: I submitted my EE profile with a letter of explanation stating that my marriage is going to end soon. Also, I have attached a notarized affidavit stating that I will not reconcile with my wife and also not sponsor her.

As of now, I have the court order for the dissolution of the marriage. However, I do not have the divorce decree issued by the government yet. It will take another 90-100 days to get that.

Should I submit the court order in the web form to IRCC? is it going to be enough?
or
Should I wait for IRCC itself to ask for an update through the ADR and then submit the court order?

please guide

I think you can wait. my analysis:
- worst case: you failed to pass R10. which means they will return your application and refund. You need to create a new EE profile and wait for the next round. Good thing is you can apply as single/divorced now so things become clearer.
- maybe case: R10 passed, however they requested for your ex-wife's BIL, then you might want to create webform.
- best case: you pass R10 and passed MEP, BIL only yours are requested, then I think you should be fine moving forward. They likely accepted your explanation.

 

[Atif Ben]

Hi Guys,
Update in my case:

I submitted my divorce documents issued by the government at the start of November via web form. I received the acknowledgment in the tracker. Never had any update on my profile since 21st June 2023.

Requested the GCMS notes

In the GCMS notes I am still seeing that my marital status is not updated from Legally separated to Divorced.

Does that mean no officer is actively looking at my file? What do I need to do here?