Seeking guidance to sue my wife who cheated on me and is currently working in Canada

[vqdp463]

Good day to all of you.

I'm a Filipino Citizen, married and I have a 6 year old daughter who is currently with me.

Me and my wife got married back in 2012. She graduated as a nurse and had dreams to go abroad and work as a nurse. A year after she gave birth to our daughter, my wife went to Hong Kong to work as a domestic helper. She stayed there for 4 years and finally got the opportunity to work there in Canada.

Once she got there, I noticed that she became distant. We always started arguing and then she started dating somebody else. It is devastating for me, my family and daughter. Now she wants our marriage to end.

I really want to fix this but she didn't even speak with me. She just broke up through chat on Facebook.

I'm seeking help on what I can file against her and get her deported and pay for what she did.

I know this is selfish of me, but every time I see my daughter I feel really angry at my wife. I don't want her to be happy. Which she took away from me, my daughter.. from us...

I hope someone can help me or give advise on what I can file against her.

Thank you

 

[scylla]

Good day to all of you.

I'm a Filipino Citizen, married and I have a 6 year old daughter who is currently with me.

Me and my wife got married back in 2012. She graduated as a nurse and had dreams to go abroad and work as a nurse. A year after she gave birth to our daughter, my wife went to Hong Kong to work as a domestic helper. She stayed there for 4 years and finally got the opportunity to work there in Canada.

Once she got there, I noticed that she became distant. We always started arguing and then she started dating somebody else. It is devastating for me, my family and daughter. Now she wants our marriage to end.

I really want to fix this but she didn't even speak with me. She just broke up through chat on Facebook.

I'm seeking help on what I can file against her and get her deported and pay for what she did.

I know this is selfish of me, but every time I see my daughter I feel really angry at my wife. I don't want her to be happy. Which she took away from me, my daughter.. from us...

I hope someone can help me or give advise on what I can file against her.

Thank you

You cannot have her deported. This simply isn't possible. I understand why this situation is devastating and I'm sorry for what you and your daughter are going through. However nothing your wife has done violates immigration law and there is no basis for deporting her. She is free to remain in Canada.

The most you might be able to do is sue her for the financial support of your child. You would need to hire a family lawyer in Canada to find whether it is possible to sue her for financial support and how much this would be.

But again, deportation is not possible. The best advice any of us can give you is to move on with your life and forget about her. Good luck.

 

[vqdp463]

You cannot have her deported. This simply isn't possible. I understand why this situation is devastating and I'm sorry for what you and your daughter are going through. However nothing your wife has done violates immigration law and there is no basis for deporting her. She is free to remain in Canada.

The most you might be able to do is sue her for the financial support of your child. You would need to hire a family lawyer in Canada to find whether it is possible to sue her for financial support and how much this would be.

But again, deportation is not possible. The best advice any of us can give you is to move on with your life and forget about her. Good luck.

Thank you. After I sue her for financial support of my child and she gets a visa. Can I still demand her to take us with her and go on our separate lives. That way me and my daughter would have better opportunities . Start a new life and move on.

 

[scylla]

Thank you. After I sue her for financial support of my child and she gets a visa. Can I still demand her to take us with her and go on our separate lives. That way me and my daughter would have better opportunities . Start a new life and move on.

No - you cannot.

If you wish to come to Canada, you will have to qualify on your own.

 

[vqdp463]

No - you cannot.

If you wish to come to Canada, you will have to qualify on your own.

What if we continue with the initial plan of getting there. She can't get my daughter unless I agree to do so.
Once we are there then we can go on our separate lives.

 

[keesio]

What if we continue with the initial plan of getting there. She can't get my daughter unless I agree to do so.
Once we are there then we can go on our separate lives.

Do you know if she declared your daughter and you as non-accompanying family members in her application to Canada?

 

[vqdp463]

I'm not familiar with the term, but she did declare us. Her Aunt told me that she cannot get a PR if she wouldn't take us with her.

 

[vqdp463]

Do you know if she declared your daughter and you as non-accompanying family members in her application to Canada?

I'm not familiar with the term, but she did declare us. Her Aunt told me that she cannot get a PR if she wouldn't take us with her.

 

[keesio]

I'm not familiar with the term, but she did declare us. Her Aunt told me that she cannot get a PR if she wouldn't take us with her.

Well, she can become a PR without taking you and your daughter. The question was if she declared both of you as family members who will not be joining her for PR at the time (I assume this is the case since she moved to Canada on her own). If she declared both of you, then it means both of you did a medical exam.

In any case, being declared on her application at least leaves the door open *if* she wanted to sponsor both of you. But again, that is up to her.

 

[scylla]

I'm not familiar with the term, but she did declare us. Her Aunt told me that she cannot get a PR if she wouldn't take us with her.

This isn't true. She can in fact get PR without you. It will take longer - but it can certainly be done.

Since you are no longer in a relationship, she can no longer include you in her application. Again, if you wish to move to Canada, you will have to qualify and apply on your own.

She should still include her daughter in the application. If you block this and refuse to allow the medical for your daughter, your wife can still eventually get PR without either of you. The only person this will harm is your daughter.

 

[vqdp463]

Well, she can become a PR without taking you and your daughter. The question was if she declared both of you as family members who will not be joining her for PR at the time (I assume this is the case since she moved to Canada on her own). If she declared both of you, then it means both of you did a medical exam.

In any case, being declared on her application at least leaves the door open *if* she wanted to sponsor both of you. But again, that is up to her.

She currently has a working permit/visa right now. So it means that when she applies for PR that's the only time that she can decide and declare us to come with her?

This really puts us in a box and limits us on what we can do. What else can I do to at least make sure my daughter gets what she deserves?

 

[scylla]

She currently has a working permit/visa right now. So it means that when she applies for PR that's the only time that she can decide and declare us to come with her?

This really puts us in a box and limits us on what we can do. What else can I do to at least make sure my daughter gets what she deserves?

To make sure your daughter gets what she deserves, you should allow your wife to list your daughter as a dependent in the application and take your daughter to complete the medical - and ideally allow your daughter to land and become a PR (even if you can't). That will give your daughter the opportunity of being a permanent resident. That's the best thing you can do for your daughter at this point.

 

[vqdp463]

To make sure your daughter gets what she deserves, you should allow your wife to list your daughter as a dependent in the application and take your daughter to complete the medical - and ideally allow your daughter to land and become a PR (even if you can't). That will give your daughter the opportunity of being a permanent resident. That's the best thing you can do for your daughter at this point.

It's a win-win situation for my wife then. She cheated and she gets my daughter.

 

[jddd]

It's a win-win situation for my wife then. She cheated and she gets my daughter.

Your daughter wins by being allowed the opportunity of a life in Canada. I sympathize with you but the best advise I can give, man to man, is to focus on your daughter’s best interest.

 

[torontosm]

It's a win-win situation for my wife then. She cheated and she gets my daughter.

I understand your anger, but in this situation, you need to put aside your resentment towards your wife and think about what's best for your daughter's future. It's easier said than done, but in the long run, don't you want your daughter to have the best opportunities for a better life?