Please help..

[derick27]

I live here in the Philippines and my wife went to Canada to work. After staying there for a year she cheated on me and re married to Filipino Canadian Citizen for the reason that it is for my kids future. At first she was giving financial support for less than a year. After that she totally abandoned my kids and don't want to give support. I'm living with my kids right now and I've been raising and supported them for 7 years now. As a father i need to be responsible and did not re marry for I have obligations with my kids. Im not after her anymore, all I want is for her to settle everything here in the Philippines in a legal way. I need to file an annulment case but it seems that she doesn't want to cooperate. Is there any way that I can have her deported back here and so that she could face and held accountable with what she has done to my kids. I need help please. If I can only have her deported to the immigration. I know she's already overstayed in Canada for she only have 3 yrs contract. She wanted me to sign a document before, proving that we already got separated so that she could marry the guy, but I refused to sign it. I know they made some loophole and found a way to forge those documents. Please help me kind sir. My kids and I need justice. Its been almost 8 years now. and she has already a kid with him.

 

[truesmile]

Is there any way that I can have her deported back here and so that she could face and held accountable with what she has done to my kids. I need help please. . . . . . I know she's already overstayed in Canada for she only have 3 yrs contract. . . . . . The name of the guy is _______ _______ and she has already a kid with him.

No, there isn't. Her leaving you doesn't not have an impact on her status in Canada.

A contract expiring doesn't mean that she has "overstayed". Also, contracts are so easily extended in most cases, and her work permit can be extended 'online'.

You should remove the name that you dropped in there, he has nothing to do with you and your ex' situation.

 

[derick27]

I was just asking for an advise on what to do. You don't have to be rude.

 

[truesmile]

No rudeness implied, I get to the point. Where was I so?

 

[canuck_in_uk]

I need to file an annulment case but it seems that she doesn't want to cooperate. Is there any way that I can have her deported back here and so that she could face and held accountable with what she has done to my kids. I need help please. If I can only have her deported to the immigration. I know she's already overstayed in Canada for she only have 3 yrs contract. She wanted me to sign a document before, proving that we already got separated so that she could marry the guy, but I refused to sign it. I know they made some loophole and found a way to forge those documents. Please help me kind sir. My kids and I need justice. Its been almost 8 years now. and she has already a kid with him.

How do you know she is illegal? Her Canadian partner could have sponsored her for Permanent Residency. If she was a Live-in Caregiver, she could have applied for Permanent Residency after a few years of working. If she was a skilled worker, she could have qualified for PR through a few immigration streams. She could have extended her work permit or changed her status to visitor or student. In fact, if she has been in Canada for 8 years now and qualified for PR early on, she could already be a Canadian citizen.

It is possible in Canada to obtain a divorce without the consent of the other spouse, so she could very well have divorced you without forging any documents.

You refused to co-operate with her when she asked for a divorce and now you are angry that she is refusing to co-operate with you in the annulment. Seriously, what did you expect?

Basically, you cannot force her to deal with you or come back to your country.

 

[MANOFGOD]

WHAT WOULD YOU ADVISE ME TO DO?

My wife applied to sponsor me,our application dated 28th March 2013,we got a reply AOR from VO in Kiev that our file was received 6th of July and that the average processing time is 9 months.We later got another mail in December 30th to re-fill some information about me since 18 years and where I live up to date.After submitting the form and PCC ,my E-cas changed to IN-PROCESS dated 30th Dec,2013.
My wife was so worried that the process is getting late due to the fact that she is pregnant and we already submitted a medical report that she is pregnant.Recently(12TH MARCH),I wrote them after several messages that my wife has been writing without reply,in my mail to them I attached some other evidences that were not included initially in the application but happened after the submission of our application like the photos of our honey moon,photos we took in August when she visited,the ticket of her last visit,the hotel receipts of our honey moon,money transfer from both sides,another letter from the doctor,letters of attestation from friends and family and lots more.
I have been pondering over this situation because my wife will put to bed very soon! I do know what to do and hope what I did wont affect us (sending documents without request)? Can I apply for visiting visa and what is the possibility because she wants me to be with her during delivery??I need your advice please!!!!!!!!!

 

[elmatador]

If your wife applied for immigration or was sponsored she would have had to declare her dependent children. She would have had to provide copies of birth certificates of the children etc. If she failed to declare her children from her previous marriage she will be in trouble whether she has a PR or has become a citizen. Again this is speculation only. We can only guess on her status. If she happened to lie on her application it is considered misrepresentation and she can face serious consequences. Again, these are major assumptions at this point.

I live here in the Philippines and my wife went to Canada to work. After staying there for a year she cheated on me and re married to Filipino Canadian Citizen for the reason that it is for my kids future. At first she was giving financial support for less than a year. After that she totally abandoned my kids and don't want to give support. I'm living with my kids right now and I've been raising and supported them for 7 years now. As a father i need to be responsible and did not re marry for I have obligations with my kids. Im not after her anymore, all I want is for her to settle everything here in the Philippines in a legal way. I need to file an annulment case but it seems that she doesn't want to cooperate. Is there any way that I can have her deported back here and so that she could face and held accountable with what she has done to my kids. I need help please. If I can only have her deported to the immigration. I know she's already overstayed in Canada for she only have 3 yrs contract. She wanted me to sign a document before, proving that we already got separated so that she could marry the guy, but I refused to sign it. I know they made some loophole and found a way to forge those documents. Please help me kind sir. My kids and I need justice. Its been almost 8 years now. and she has already a kid with him.

 

[truesmile]

. . . If she failed to declare her children from her previous marriage she will be in trouble . . .

Not so much . . . those dependent(s) would simply forever be "excluded" from being sponsored under the Family Class in the future.

 

[wowsers]

The facts that Derick27 sets out in his post are far too vague and confused to enable anyone to give sound advice. On the one hand he refers to the lady as his 'wife' and that his eventual aim is to file for an annulment in the Philippines, suggesting that he is legally married to her. On the other hand he refers to her as having 're-married' (bigamously??) and that at one time she was asking him to sign a document stating that they were separated so that she could marry another man. Are we to assume that her purpose in requesting that document was to prepare for a consensual divorce? There is no specific mention in his post of a divorce terminating her first marriage. Is that because he forgot to mention it or is he asserting that she has bigamously re-married? If the latter and the bigamy was in Canada a crime has been committed and I suspect that CIC might be very interested to hear that. He needs to be much more precise; but I suspect he is going to need a Canadian lawyer who I further suspect he will not be able to afford.

 

[truesmile]

The facts that Derick27 sets out in his post are far too vague . . .
. . . but I suspect he is going to need a Canadian lawyer who I further suspect he will not be able to afford.

Just about every post on this forum has missing details. canuck_in_uk states his assumptions (that we all probably made).

Canadian lawyer?? To what end? And yes, his desperation for justice reads 'desperation for money'.

 

[canuck_in_uk]

There is no specific mention in his post of a divorce terminating her first marriage. Is that because he forgot to mention it or is he asserting that she has bigamously re-married? If the latter and the bigamy was in Canada a crime has been committed and I suspect that CIC might be very interested to hear that.

As I said in my previous post, it is possible she divorced the OP without his consent or even his knowledge.

Because divorce is illegal in the Philippines, the couple would still be considered legally married there even if she obtained a divorce here in Canada.

The divorce here in Canada is completely legal; she would not be considered a bigamist anywhere except the Philippines and CIC wouldn't care about that. To the rest of the world, she would be legally married to her second husband. She would face no issues with the situation unless she returned to the Philippines, where she is still legally married to the OP.

 

[wowsers]

As I said in my previous post, it is possible she divorced the OP without his consent or even his knowledge.

Because divorce is illegal in the Philippines, the couple would still be considered legally married there even if she obtained a divorce here in Canada.

The divorce here in Canada is completely legal; she would not be considered a bigamist anywhere except the Philippines and CIC wouldn't care about that. To the rest of the world, she would be legally married to her second husband. She would face no issues with the situation unless she returned to the Philippines, where she is still legally married to the OP.

Are you seriously suggesting that in Canada it is possible for a petitioner to obtain a divorce lawfully without the Respondent receiving any notice of the proceedings? Without being given any opportunity to defend the divorce proceedings if he so wishes? Consent to the proceedings is of course unnecessary, but absence of notice, particularly where the Petitioner knows where the Respondent lives (she wrote to him), usually entails fraud. Usually diivorce proceedings have to be served either in person or by post or a court order for substituted service, such as by advertisement, has to be obtained; and those orders are not usually made unless the court has been told that the whereabouts of the Respondent are unknown. If the court was so told despite the wife's knowledge of his whereabouts, there was probably fraud. Of course things may be different in Canada! I am not in Canada and am not a Canadian lawyer. Anyway are you not jumping the gun? We do not know for certain whether he was married, let alone divorced; but if he was divorced without his knowledge that would be a very unusual state of affairs in respect of which he would, to answer Truesmile's point, need legal advice. On the basis of the facts as at present known there are no grounds for asserting that if there was a divorce it would be completely legal in Canada. If he was once married and is not lawfully divorced, an assertion of bigamy as a means of getting her back to the Philippines is a possibility that springs to mind. How to bring her back is what he was asking about As for Truesmile's point about money, of course he wants money: he has the burden of caring for their children and receives no contribution from their mother. Wny is an attempt to get her to contribute not a laudable motive? I am astonished how little sympathy the man has received in this thread.

 

[trevorLG]

Unfortunately, anything is possible in the Philippines. With a bit of cash and knowing the right person/s in the NSO, any type of authentic certificate can be bought, and registered. Legally signed by a minister, judge. Sad but extremely common there.

 

[canuck_in_uk]

Are you seriously suggesting that in Canada it is possible for a petitioner to obtain a divorce lawfully without the Respondent receiving any notice of the proceedings? Without being given any opportunity to defend the divorce proceedings if he so wishes? Consent to the proceedings is of course unnecessary, but absence of notice, particularly where the Petitioner knows where the Respondent lives (she wrote to him), usually entails fraud. Usually diivorce proceedings have to be served either in person or by post or a court order for substituted service, such as by advertisement, has to be obtained; and those orders are not usually made unless the court has been told that the whereabouts of the Respondent are unknown. If the court was so told despite the wife's knowledge of his whereabouts, there was probably fraud. Of course things may be different in Canada! I am not in Canada and am not a Canadian lawyer. Anyway are you not jumping the gun? We do not know for certain whether he was married, let alone divorced; but if he was divorced without his knowledge that would be a very unusual state of affairs in respect of which he would, to answer Truesmile's point, need legal advice. On the basis of the facts as at present known there are no grounds for asserting that if there was a divorce it would be completely legal in Canada. If he was once married and is not lawfully divorced, an assertion of bigamy as a means of getting her back to the Philippines is a possibility that springs to mind. How to bring her back is what he was asking about As for Truesmile's point about money, of course he wants money: he has the burden of caring for their children and receives no contribution from their mother. Wny is an attempt to get her to contribute not a laudable motive? I am astonished how little sympathy the man has received in this thread.

In this case, he knew she wanted to divorce him. If she could prove to the court that she contacted him and he refused to cooperate (which he already admitted he did), she could have gone ahead with the divorce proceedings without any more involvement from him. Canada does not force people to remain married if one spouse refuses to co-operate in the divorce or cannot be located. He would not have known if and when the divorce was approved.

People can be divorced completely without their knowledge. My cousin's husband left her and their 2 kids around 10 years ago; no one knew where he went, though we were all pretty sure his mother did and was just lying. It took my cousin awhile but she was able to divorce him in the end without his knowledge, as no one could even find him. After she married her current partner, they started legal proceedings for him to adopt her children, a long and expensive process. I believe the father's parental rights were terminated on the basis of the abandonment, which allowed the stepfather to adopt them. The bio father tried to make contact last year after 9-10 years absence and was quite surprised to find he wasn't married and had no rights to the kids any more. He tried to cause trouble, demanded money, threatened to go to court and fight it all. In the end, I guess he realized that they had done everything legal and he couldn't fight it; it also helped the kids were teens by then and able to say themselves that they wanted no contact with him.

As for jumping the gun, did you not jump the gun yourself, saying she was possibly a bigamist? And if you have a read through his post, nowhere does he say "her kids" or "our kids", only "my kids"; you are assuming that they are her children but it's also possible they were her stepchildren.

The facts known at present are all we are going to know, as they will only come from the OP's point of view. We know she told him she was trying to divorce him and he refused to co-operate; that is enough for her to have been able to legally divorce him without his consent or further involvement. Once legally divorced here in Canada, she could have then legally remarried. She would be a bigamist only in the Philippines, not in Canada, so OP could not use that in any way to force her to return to his country.

 

[derick27]

I do apologize if im ignorant with laws that you have. To be honest I'm not desperate for the money for I have worked for 8 years raising my kids with sweat and blood. I'm just asking for an advise to be able to do what is right. How can I move on with my life if im still married to her legally. Annulment is the only option here in the Philippines and how can i do that if there is no way to communicate with her. Again money is not an issue here and i'm not saying that I dont want it. If she wants to support her children its fine with me, anyway its been 8 years and I'm used to it. I just want things to be legal and it would also benefit her when she comes back to her homeland. In that way she can also bring her husband without worrying anything. Please kind sir, do not judge me for being ignorant, I am just a father or a person wanted to put things right. Sorry if I have posted something that offended your beliefs.