Long game fraud

[armoured]

There is in fact an immigration matter here. If OP can concretely prove that the spouse was married to someone else at the time they got married, this is major misrepresentation and means that both PR and citizenship were obtained fraudulently. Whether CBSA and IRCC pursue this is an entirely different matter. However you are very much mistaken if you really believe there is no immigration issue here.

Revocation of citizenship is possible in these circumstances.

I'd add that this may have impact on divorce proceedings - although I say that without firm legal knowledge.

 

[Kaibigan]

I'd add that this may have impact on divorce proceedings - although I say that without firm legal knowledge.

It would seem that the OP is still married to the alleged fraudster. If so, and if it can be proven that the fraudster was married already when she married the OP, then a divorce would not be the correct remedy to seek. In such case, the purported marriage to the OP was null and void from the start and there would be no marriage to dissolve by way of divorce order. Instead, the OP should seek a declaration of nullity. See, for example:


Li v. Rao C.A., Harris, Savage & Abrioux JJ.A., 2019 BCCA 265, Vancouver CA45103, July 26, 2019 , 26pp..

https://www.bccourts.ca/jdb-txt/ca/19/02/2019BCCA0265.htm

 

[armoured]

It would seem that the OP is still married to the alleged fraudster. If so, and if it can be proven that the fraudster was married already when she married the OP, then a divorce would not be the correct remedy to seek. In such case, the purported marriage to the OP was null and void from the start and there would be no marriage to dissolve by way of divorce order. Instead, the OP should seek a declaration of nullity.

I guess - in related question - that while the OP may (of course) be expected to pay support for the children, the question of marital assets, alimony and financial support is, ahem, impacted by a marriage being declared a nullity.

Obviously for the OP to speak to a lawyer about.

 

[Kaibigan]

I guess - in related question - that while the OP may (of course) be expected to pay support for the children, the question of marital assets, alimony and financial support is, ahem, impacted by a marriage being declared a nullity.

Yes, but perhaps not as much as one might think. Here's the gist of the Li v. Rao case I cited:

FAMILY LAW — Marriage — Validity • Matrimonial property — Division • MAINTENANCE — Entitlement — Claimant marrying respondent while he was married to another woman — Trial judge granting declaration of nullity, but finding claimant nevertheless entitled to claim spousal support and division of family assets under Family Law Act — Appeal court agreeing that parties to marriages which are void ab initio are included in the definition of "spouse" in the FLA.

Obviously for the OP to speak to a lawyer about.

Agreed.