Single mon moving to canada

[Amulu53]

My sister is in USA her 4 months old baby born in USA ,she is in TN visa she appplied for order of protection from his husband now he is leaving USA going back to India.which is the best option for her to apply divorce in Canada or USA ?

 

[canuck78]

My sister is in USA her 4 months old baby born in USA ,she is in TN visa she appplied for order of protection from his husband now he is leaving USA going back to India.which is the best option for her to apply divorce in Canada or USA ?

If she is not living in Canada she can't get a divorce in Canada.

 

[Amulu53]

If she is not living in Canada she can't get a divorce in Canada.

Thanks for replying but She has pr and baby is Usa citizen

 

[Amulu53]

Thanks for replying but She has pr and baby is Usa citizen

Sorry she is in Td visa

 

[canuck78]

Thanks for replying but She has pr and baby is Usa citizen

She still isn't living in Canada so getting divorced in Canada is not an option.

 

[Amulu53]

Thanks for replying but She has pr and baby is Usa citizen

What she has to do now any suggestions

 

[Naturgrl]

What she has to do now any suggestions

She is a Canadian PR? Get divorced in the US first if she isn’t living here.

 

[scylla]

What she has to do now any suggestions

She needs to speak with a Family Lawyer in the US for advice. This situation is too complicated to try to get answers for free from non-experts on an internet forum.

Note that she can only come to Canada with the child if she has the father's written permission. As others have said, she won't be able to apply for divorce in Canada until she has moved to Canada and lived here separated from her husband for a year. Divorce laws differ slightly in the US state to state.

Again, she needs to hire a family lawyer in the US.

 

[canuck78]

My friend lives in the US. He divorced his wife in the US. He had included her in his Canadian PR application and now he doesn't know what to do either. But the case is still pending in India. Both are Indian citizens. Both are on temporary visas in the US. Divorce laws are complex and complicated everywhere. Free advice from the forum won't cut the deal. Go speak with a lawyer before it is too late.

Your friend should be removing is soon to be ex from his PR application.

 

[ErlSpike]

Oh I am also interested in this topic! Waitig for more replies so much!

 

[canuck78]

I spoke to him yesterday and he has not done it yet. Because he is still considered married in India. He is in a mess now. That I can tell.

If he can prove they are living separately he will likely be fine. If their relationship is over he isn't in a true marriage either.