urgent seniors please help

[lady2005]

hello

A college friend of mine from India had married a boy in 2012 who did his masters in Canada and applied for PR under the SWP category. he and my friend got their PR finalized.In order to stamp the PR visa both passports were required so my friend travelled on a visit visa to Canada for the PR visa to be stamped

She arrived in July 2013 but since she came they did not get along with each other and quarrel almost everyday

the situation now is that the husband who was the principal applicant have landed but my friend hasn't landed yet

verbal fights were a daily routine b/w them but this never involved any physical violence or etc but last Saturday when they had a verbal fight my friend called 911 and the police came and took my friend with them and dropped her at one of their relatives after this my friend's husband has decided to divorce her and as far as today their is no chance of patch up

my question and concern is that since she is an innocent indian girl what can she do

1- since she is on a visit visa and has no permanent status and haven't landed yet what rights can she exercise (the husband landed after he have decided to divorce and he has informed cic officials of the divorce)

2- is the husband liable to bear expenses (be it legal or etc) in the event of divorce

3-can she claim domestic violence on basis of mere verbal quarrel (and can the husband also claim domestic violence on the basisi of quarrel because it was mutual quarrels)

4-since they are fighting from the first day she came will that impact my friend's case in any manner can it be treated as immigration fraud because it is what the husband is threatening of as the fight started from the first day)

5- what rights do a non citizen have in this regards

she and I both are really worried

looking forward to answers from respected experienced members

thanks

 

[coshx]

hello

A college friend of mine from India had married a boy in 2012 who did his masters in Canada and applied for PR under the SWP category. he and my friend got their PR finalized.In order to stamp the PR visa both passports were required so my friend travelled on a visit visa to Canada for the PR visa to be stamped

She arrived in July 2013 but since she came they did not get along with each other and quarrel almost everyday

the situation now is that the husband who was the principal applicant have landed but my friend hasn't landed yet

verbal fights were a daily routine b/w them but this never involved any physical violence or etc but last Saturday when they had a verbal fight my friend called 911 and the police came and took my friend with them and dropped her at one of their relatives after this my friend's husband has decided to divorce her and as far as today their is no chance of patch up

my question and concern is that since she is an innocent indian girl what can she do

1- since she is on a visit visa and has no permanent status and haven't landed yet what rights can she exercise (the husband landed after he have decided to divorce and he has informed cic officials of the divorce)

2- is the husband liable to bear expenses (be it legal or etc) in the event of divorce

3-can she claim domestic violence on basis of mere verbal quarrel (and can the husband also claim domestic violence on the basisi of quarrel because it was mutual quarrels)

4-since they are fighting from the first day she came will that impact my friend's case in any manner can it be treated as immigration fraud because it is what the husband is threatening of as the fight started from the first day)

5- what rights do a non citizen have in this regards

she and I both are really worried

looking forward to answers from respected experienced members

thanks

Your friend's situation looks unclear. How come she's on visiting visa when you said their PR has been finalized? Even if she came to Canada so they could get their passports stamped together, she'd have received her own visa together with the guy. How come the guy landed and she's not?
I don't believe the guy can submit his own passport alone for visa. His visa will not be issued. So I believe your friend already has her visa in her passport. My advise is that she should go straight to the land border with US and do her landing. She just needs to get to the US border official and tell them she's flag polling. She will then turn back and head into the Canadian side of the border to do her landing.

The guy trying to intimidate her by divorce is not good. One thing I know for sure is that CIC did all background, eligibility, criminality and security checks on both of them. So if she has her visa, she has it.

Meanwhile, I guess both of them didn't know themselves well before they got married. How they got married is not my business but I can say that both of them should sit down and iron out their differences. No marriage is perfect. They need to compliment one another. Well, as a christian, I can say that God hates divorce.

Marriage is an institution created by God. It is the only University you attend that you will be given a certificate before you start the course. So, they just need to sit down, apologize to one another & try to make the marriage work. Meanwhile, the Police did the right thing to have taken her away so as to avoid assault.

Goodluck to your friend.

 

[lady2005]

the guy was in Canada and my friend was in India when the PR got finalized and they both were required to submit their passports within 60 days
she has not landed and didn't had the PR visa when she entered Canada and that's for sure
the COPR doc was with the husband and when he landed a couple of days back(after deciding to end the marriage) he said that he had handed over my friend's COPR to CIC officials and informed them of their separation and narrated the marriage as marriage of convinence

 

[coshx]

the guy was in Canada and my friend was in India when the PR got finalized and they both were required to submit their passports within 60 days
she has not landed and didn't had the PR visa when she entered Canada and that's for sure
the COPR doc was with the husband and when he landed a couple of days back(after deciding to end the marriage) he said that he had handed over my friend's COPR to CIC officials and informed them of their separation and narrated the marriage as marriage of convinence

You seem not to understand me. There's no way she won't have a visa except if she's from a visa exempt country. I know India is not visa exempt. Even if India is visa exempt, then she won't be on visiting visa.

Your case is very unclear. Except there are things you are not disclosing.

Anyways, my advise is that your friend should get a lawyer & then write CIC. That way she can table her case to prove that her marriage was not of convenience. Even people who marry in Canada have challenges let alone those who marry outside. A lot of things may cause friction between couples. For the guy to handover the COPR to immigration without the girl's knowledge is wrong. Since she's in the country as at then, immigration shouldn't accept the COPR. She has to move fast. Moreover, divorce doesn't come that easy. One person cannot divorce alone. Lawyer will speak to both. Judge will sit on the case and consider all available options & alternatives before divorce is granted.

In conclusion, I don't understand this case as there are some conflicting points.

 

[lady2005]

I am not hiding any fact at all this is what it is
she entered Canada on a visit visa then they both submitted their passports and got PR visas stamped this is exactly what happened

please specify the points you donot understand so that I may elaborate it to the best of my knowledge

 

[canadahelp7]

Your friend is in Canada, submitted passport as requested within 60 days. Did she get her passport stamped?
If yes, since her husband has already landed she can flag pole and re-enter canada which is when she will receive her landing papers - so the story about COPR being returned to the immigration office is not true.
Go ahead and ask your friend to flagpole without delaying this any longer.

 

[Gaurav_OT]

I think in the end your friend will have to leave canada.....

 

[lady2005]

Your friend is in Canada, submitted passport as requested within 60 days. Did she get her passport stamped?
If yes, since her husband has already landed she can flag pole and re-enter canada which is when she will receive her landing papers - so the story about COPR being returned to the immigration office is not true.
Go ahead and ask your friend to flagpole without delaying this any longer.

can she flagpole without the COPR doc and what about that the husband has notified CIC of their seperation

 

[zardoz]

can she flagpole without the COPR doc and what about that the husband has notified CIC of their seperation

If she doesn't have the two copies of her COPR, she cannot land or flagpole. It's as simple as that. If her husband has returned it to CIC saying that the relationship is ended, I think that she will not be able to land as a PR. The visa in a passport doesn't give you PR, only the COPR can.