Marriage deterioriated after landing

[Sous02]

Yes it's legal and CIC will not revoke his PR , there is conditions to be met by the Sponsor as well .
removal is not automatic

Great, then if it's legal he should inform cic and if he chooses to leave or stay he has no problems.

 

[stavros]

Thank you all. It's a very difficult decision as I gave up everything to be with her. I have made a relationship with her family they are wonderful people and my wife wants me to stay in Canada and be with her throghout her pregnancy. I've always wanted a baby but NOT someone else's. It's a heartbreaking news for our almost 2 year wedding anniversary. I'm a high school teacher and it will be a challenge to start over in Canada. I might as well go back home where I've established myself.

My question, we got married in Canada. Will it make sense to file the divorce in Canada? Does anyone know how long until my physical presence is no longer needed in an uncontested divorce?

 

[mikeymyke]

hey guys.. but if he divorces.. he gonna lose an opportunity to stay in Canada.

Honestly what's the big deal about being able to stay in Canada? Why is everyone making such a big deal about trying to get him to stay in Canada? The OP already mentioned that he's not interested in staying here because he's already well established back in his home country. Sure it's difficult sometimes not just because of the marriage breakdown, and as mentioned, some people have to give up everything just to come here. But he's only been here not even a month, hardly any time to establish himself or make connections. At least back in his home country, that's a place where he has lived for 99.999% of his life and where he has friends, family, culture, etc. Over here where he's only been here for 3 weeks, he's pretty much got almost nobody.

Don't get me wrong, had he landed here 2 years ago, then afterwards she cheated on him, I definitely would support him trying to remain here in Canada, as he would've likely bought a house, worked for one company for a while, made a bunch of friends, etc. He would've already established himself here and it would be a shame for him to leave, even if the relationship was a mutual breakdown.

But come on guys, he's only been here for a few weeks, he already says he doesn't wish to be here, and the most important point: He shouldn't be allowed to remain in Canada since their relationship is about to breakdown during the 2 year conditional period. It's a shame that some of you guys are telling him to keep quiet just to be able to stay here, which by the way, is immigration fraud.

@stavros: Depending on where she lives, I believe some provinces require you both to be separated for at least a year before divorcing. I'm not 100% sure about this however, might want to check up with a lawyer or someone more experienced about this. Just out of curiosity, why is your wife still wanting you to be with her throughout her pregnancy despite this child not being yours? Is it because the father of the child doesn't want to be in her life?

 

[canadianwoman]

Divorces are a federal matter, but you apply for one in whatever province you are. Yes, if the couple just wants a divorce because they don't get along anymore, they have to live apart one year. But if there is a reason for the divorce, such as adultery, you do not have to wait a year. He can apply for the divorce right away. If the wife wants to contest it, fine, but she is the one who would have to contest it. The husband can file for divorce now. It would be easier to do while he is in Canada - he can get a lawyer in Canada, file, then he can go back to his own country and the lawyer can handle it from then on.

If he stays with his wife until she gives birth, there is a rule that whoever is married to the wife is presumed to be the father. Yes, it can be contested, but it is the husband who would have to go to court to contest it. Child support is on the line here. Just file for your divorce now. The husband can stay for moral support if he wants to, but I really suggest only after filing for divorce.