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Separated from wife but no divorce. CIC asked for divorce certificate. What should I do?

lemongrass01

Newbie
Dec 26, 2019
6
0
This is what I used:

AFFIDAVIT OF SEPARATION:

I, ______________________________, date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ hereby certify that I am separated and estranged from my spouse (name of spouse)_______________________ date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ since _______________ (mm/dd/yyyy). I further certify that I do not intend to reconcile with my spouse.


I intend to take following legal action with regard to my marital status:

_________________________________________________________________________


I, __________________________________, further certify that my spouse (name of spouse)_______________________ does not wish to undergo medical examination and police clearance process for the purposes of immigrating to Canada. I understand that such a refusal will render my spouse ineligible to be sponsored for immigrating to Canada at any time in the future if reconciliation were to occur prior to any legal changes to my marital status cited above.

Under penalties of perjury, I certify the above representations to be true as of the date shown below.


__________________________________________ ______________________


Your name (Signature) Date



__________________________________________ ______________________

Signature Notary Public / Commissioner of Oaths Date
Thanks jonnclk22 for sharing this.
I do hope you can answer a few of my questions along this line
1) This affidavit was signed just by you OR you needed your spouse signature as well ?
2) If I select Divorced\Legally Separated, and then do I have to submit any proof like Divorce Decree\Certificate to support this marital status ? OR Just this affidavit would do ?
3) If my case might take a bit of time, is it advised, to select married and submit this affidavit as well ?
 

vijay1808

Member
Dec 23, 2019
11
0
Hi lemongrass01, I received ITA on 19th December. I'm yet to submit the documents. My separation case with my spouse is on mutual consent and I wont be able to provide the divorce document until the case gets over. How about providing the copy of petition ? BTW, have u received ITA ?
 

lemongrass01

Newbie
Dec 26, 2019
6
0
Hi lemongrass01, I received ITA on 19th December. I'm yet to submit the documents. My separation case with my spouse is on mutual consent and I wont be able to provide the divorce document until the case gets over. How about providing the copy of petition ? BTW, have u received ITA ?
Hi vijay1808, I am not sure if they will just accept with copy of petition, based on the state, court and judge the final divorce decree\certi. may take time, and since its a mutual consent a copy may get considered. I think you should contact CIC and clear things out early.
 

Sunnysideup11

Newbie
Jan 28, 2020
1
0
I am separated since 2016. My husband had filed the petition on some false grounds but it got dismissed by the court. He has appealed in high court now so divorce may take a long time. I won't be getting back together with him. Given this situation can I file for the Canadian PR?
 

ds1010

Full Member
Feb 9, 2019
25
2
I am separated since 2016. My husband had filed the petition on some false grounds but it got dismissed by the court. He has appealed in high court now so divorce may take a long time. I won't be getting back together with him. Given this situation can I file for the Canadian PR?
CIC will ask for supporting documents for divorce or legal separation. You can submit court petition copy and explain them that divorce is under process and it may take time. You also need to submit affidavit signed by you that you donot sponsor your spouse later if you reconcile with him later.
 

Happyme123

Newbie
Feb 1, 2020
3
0
Hi,
I have been married for 1.5 year and staying separately from last 7 months. I started my pr process and want to create express entry profile. My question is. my husband won't support for medicals and pcc. I don't want to file for divorce just for getting Canada pr. I have only our marriage certificate, I don't have any other document. Is it OK if I create my express entry profile as legally separated and then submitting an affidavit saying I won't be sponsoring him to Canada pr for future As mentioned in the above comments as 'affidavit of separation'. Please reply as soon as possible.
 

ds1010

Full Member
Feb 9, 2019
25
2
Hi,
I have been married for 1.5 year and staying separately from last 7 months. I started my pr process and want to create express entry profile. My question is. my husband won't support for medicals and pcc. I don't want to file for divorce just for getting Canada pr. I have only our marriage certificate, I don't have any other document. Is it OK if I create my express entry profile as legally separated and then submitting an affidavit saying I won't be sponsoring him to Canada pr for future As mentioned in the above comments as 'affidavit of separation'. Please reply as soon as possible.
Yes, you can apply as legally separated. But you won't be able to sponsor your spouse in future by any means. And just affidavit of separation is not enough, you need to put court petition copy with case or docket number as well signed by judge.
You need to convince the officer by your documents that you are going to get divorced and will not sponsor him in future.
 

Gokul_Balu

Newbie
Feb 6, 2020
7
1
H


Hi,

I have got similar mail from CIC asking me divorce certificate although I have mentioned as "legally separated" in my application. I have already given them all the documents and the affidavit also. Not sure what else should I provide them for such email ?

Did anyone got the PPR after submitting the affidavit only ? Please help.
I am also in the same situation, I havent filed a divorce as she is not agreeing for that as well. Can I submit just the affidavit alone with the explanation?
 

ds1010

Full Member
Feb 9, 2019
25
2
I am also in the same situation, I havent filed a divorce as she is not agreeing for that as well. Can I submit just the affidavit alone with the explanation?
You can file for divorce in court whether she agrees or not so you will get document from court having your file no. or docket no. saying you already applied for divorce. You can submit that document to CIC along with explanation letter that you already applied for divorce and it will take time.
 
Feb 14, 2020
3
0
I am also in the same situation. Please guide me guys. What had happened after submitting the proof that you are separated from your spouse but not legally divorced? My case is still in the legal proceedings and might take time. So, I would like to know how to process my file. Thanks
 
Feb 14, 2020
3
0
Yes, I got my PPR 20 days ago. It took around 4 months from the AOR. Please refer to other posts on this topic.
So, have you got the PPR without divorce certificate? Bcz I am also sailing in the same boat. It might take time for getting divorce. Meanwhile, can I submit all the case history documents and affidavit for court proceedings? Please help.
 

Kay2018

Hero Member
Jan 11, 2018
549
87
Newfoundland and Labrador
Category........
WP
NOC Code......
4161
Job Offer........
Yes
App. Filed.......
09-03-2021
I am also in the same situation. Please guide me guys. What had happened after submitting the proof that you are separated from your spouse but not legally divorced? My case is still in the legal proceedings and might take time. So, I would like to know how to process my file. Thanks
If you're from India, try getting a 100 Rupees stamp paper, furnishing details about the on going divorce which has not been finalized and get it notarized from a local lawyer. That should suffice.
 
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Gokul_Balu

Newbie
Feb 6, 2020
7
1
You can file for divorce in court whether she agrees or not so you will get document from court having your file no. or docket no. saying you already applied for divorce. You can submit that document to CIC along with explanation letter that you already applied for divorce and it will take time.
How about my daughter? Do I need to produce any document mentioning her?