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Victim of False Accusation of Marriage Fraud

punkii

Star Member
Jun 9, 2015
65
7
Hi All,

I read a lot of posts from this website and found them really helpful. I've been sponsored by my spouse after typical marriage in India. We maintain genuine relationship through long distance. After marriage her behaviour started changing she become dominant and behaved like this was a forceful marriage for her because of family pressure. Though she process all neccesary documents to CIC and i got a PR in Jan'12.

I landed in canada in Feb'12. We stayed together in her parent house initially for a week and then rented apartment. Then things started getting worse just after couple of weeks. She started shouted, yelling, abuses and try to dominate and control me in all ways. When i complain to her parents and siblings they chose to remain silent. She left me unattended in rental apartment without food and money. She cancelled my driving road test without telling me and started harrasing me all ways. I decided to go back to India. In btw, i recieved my PR card and i flew back.

I had no intention to come back to canada to live with such a person. But my family convinced me to give another shot. After 5 months, i decided to move canada to give another chance to my marriage. But this time i decided not to live in her house. I started staying alone and tried to interact with her. Things were just fine we get along, going here and there. But she did not offer me any financial assitance though i never asked. because i wasn't staying with her. After six months of employment and sustaining on my parents support. I found a job in my own IT profession and its required me to travel to the client site and it was in calgary. She threat me to give a divorce if i take this step and forced me to decline the job offer. But i moved to calgary regardless. We stayed in touch on and off through phone and emails. We filed our taxes together.

After 3 months, i decided to give another shot to our relationship and took another job in Montreal and started traveling every week to toronto. I took a apartment on rent in Brampton. So that we can live together atleast on weekends. She live with her parents and wasnt ready to accept me because i m working in Montreal and this place was rented. Whenever i take initiative we went for small vacation to many places and hangout, celebarte birthdays and anniversaries together. She never called or showed any interest in patching up.

From last 2 years im still traveling every week to toronto incurred $50000 in travelling expense and $12000 in additional rental. I asked her to give me divorce if she doesn't want this, but she always threat me to report CIC on false accusation. Now its been 4 years of On & Off marriage and I have 2 months remaining to apply for citizenship. Recently, i got a letter from CIC that she reported a marriage fraud on me. Now CIC asking me to give them an explanation.

Please advice.
 

Gemmie

Hero Member
Nov 10, 2014
244
8
Ontario
Category........
Visa Office......
Ottawa
Job Offer........
Pre-Assessed..
App. Filed.......
26-05-2015
AOR Received.
30-06-2015/SA 17-08-2015
File Transfer...
20-08-2015
Med's Request
Upfront
Med's Done....
23-02-2015
Interview........
Waived
LANDED..........
21-01-2016
I modified this after reading your letter again for the third time.

Based on what you have said, there was a breakdown of the marriage prior to your landing and your wife felt pressured into the marriage..but still did the paperwork...

After you landed, you lived with your spouse for a matter of weeks... decided to go back to India and you recieved your PR card in btween this.
When you returned you did not live with your spouse/sponsor , nor did you have any intention to live with her.

You chose to live without your wife. This was an active choice.
(I doubt you should have landed under this pretext in any case- I stand by this as you have mentioned that your wife behaved like she was being forced to do this.)

Regardless,
You had an obligation to notify immigration.
Your wife had an obligation to notify immigration.

Any breakdown of the marriage, such as a separation due to marital problems should have been reported to the CIC at the time.

Not 3 years later...........
 

punkii

Star Member
Jun 9, 2015
65
7
My intentions were very much clear to live with her. That is why i'm traveling from last 2 years to see her every week. But she staying with her parents and no intention to live with me. because i'm unable to find a job in Toronto. I put many efforts to work out this relationship.

What do think will happen now?
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
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London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
punkii said:
My intentions were very much clear to live with her. That is why i'm traveling from last 2 years to see her every week. But she staying with her parents and no intention to live with me. because i'm unable to find a job in Toronto. I put many efforts to work out this relationship.

What do think will happen now?
Just tell CIC the same information that you posted here, along with evidence of continuing relationship, however stressed.
I think it extremely unlikely that CIC would see this as a fraudulent marriage. There is no evidence to support this conclusion.
 

truesmile

Champion Member
Jun 7, 2012
2,622
94
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Pre-Assessed..
App. Filed.......
25-05-2012
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18-07-2012
File Transfer...
24-07-2012
Med's Done....
18-05-2012
Interview........
WAIVED
Passport Req..
05-12-2012
VISA ISSUED...
08-01-2013
LANDED..........
02-02-2013
I agree with Zardoz but i wouldn't even bother notifying CIC of anything. You have long since become PR and are contributing to society. They're not about to go and revoke your PR. Just ignore your wife's empty threats.
 

Ravcat

Hero Member
Sep 27, 2013
216
10
NW Ontario
Visa Office......
Mississauga/Ottawa ON
App. Filed.......
8-12-2014
Doc's Request.
NA
AOR Received.
NA
File Transfer...
05-03-2015
Med's Request
Sent w/ App.
Med's Done....
25-08-2014
Interview........
Waived
Passport Req..
Visa Excempt
VISA ISSUED...
11/06/2015
LANDED..........
August 7th, 2015! Through Port Huron!
This is messy, and I am sorry you had to endure all of what has happened. We do not know her side of the story though...

I would tell CIC exactly what you told us. All of your movements/jobs etc should line up with some evidence. Texts? Emails? Showing you doing stuff, maybe yall had some heated text arguing, her saying stuff, etc to show that the relationship was strained and show what you had to go through? Include any communications with the family, hopefully some are written and not all verbal....

They are so tough on filtering applications in suspicion of fraudulent marriages, having this history / relationship issues, etc, I dont know how they will handle it. Just tell the truth! That is the most important thing.
 

RYIT

Hero Member
Dec 9, 2014
288
10
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Paris
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15/12/2014
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31/03/2015
AOR Received.
02/03/2015
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SA: 05/03/2015
Med's Request
31/03/2015
Med's Done....
17/04/2015
Interview........
Waived
VISA ISSUED...
21/05/2015--COPR received 02/06/2015
LANDED..........
11/06/2015
truesmile said:
I agree with Zardoz but i wouldn't even bother notifying CIC of anything. You have long since become PR and are contributing to society. They're not about to go and revoke your PR. Just ignore your wife's empty threats.
If you read the end of his original post he has no choice to respond to CIC because they have contacted him about the matter and want an explanation......


"Recently, i got a letter from CIC that she reported a marriage fraud on me. Now CIC asking me to give them an explanation"
 

punkii

Star Member
Jun 9, 2015
65
7
Thanks to all off you

I have no choice remain. I'm hiring a lawyer to represent me to CIC. Its really a stressful phase. I have to collect all emails, chats, texts, bookings, pics to justify my intentions. I have to get 500 emails & 280 pages of texts translated.

Marriage required efforts from both sides. Why they are asking only me to justify it? Isn't sponsor should also show her efforts towards a relationship?
Or is it a assumption from CIC that sponsor in canada can never go wrong with marriages?

This is totally unfair to put one person in prejudicial situation.
 

Ravcat

Hero Member
Sep 27, 2013
216
10
NW Ontario
Visa Office......
Mississauga/Ottawa ON
App. Filed.......
8-12-2014
Doc's Request.
NA
AOR Received.
NA
File Transfer...
05-03-2015
Med's Request
Sent w/ App.
Med's Done....
25-08-2014
Interview........
Waived
Passport Req..
Visa Excempt
VISA ISSUED...
11/06/2015
LANDED..........
August 7th, 2015! Through Port Huron!
punkii said:
Thanks to all off you

I have no choice remain. I'm hiring a lawyer to represent me to CIC. Its really a stressful phase. I have to collect all emails, chats, texts, bookings, pics to justify my intentions. I have to get 500 emails & 280 pages of texts translated.

Marriage required efforts from both sides. Why they are asking only me to justify it? Isn't sponsor should also show her efforts towards a relationship?
Or is it a assumption from CIC that sponsor in canada can never go wrong with marriages?

This is totally unfair to put one person in prejudicial situation.
You have to look at it through CIC's eyes. All of our PR application is proof through pictures, writing, text, emails...etc. To grant a PR through that they have to make judgements based on what you provide.

Let me ask this: Is this your timeline of events

1) Married
2) Application for PR/Approved in January 2012
3) Landed February 2012
4) After a few weeks living together, you go back to India
5) After 5 months break you move back -BUT dont live together
6) 6 months later after not living together she threatens for divorce
7) 3 months later moved to Montreal but only living together on weekends.

If we break down the entirety of the relationship in a timeline like this, then it looks suspicious. Now I have NO idea how they will treat this/look at this OR if I am wrong in the timeline (please correct me, as I am just trying to get the timeline from your original post)

Wishing nothing but positive outcome of this...
 

punkii

Star Member
Jun 9, 2015
65
7
Yes, this is how incidents shaped up.

I cannot force someone to come and live with me. If that person do not have any intentions to move out of her parental house. Though, i tried level best to show my availability on weekends. Its not because i wish to stay back in Montreal...it is because profession and job is equally important in this country. If CIC can get me a equally paid job in Toronto, I will be more than happy to move back.

If two people can not understand each other on this. It's not a fraud..its a clear marriage break down.
 

punkii

Star Member
Jun 9, 2015
65
7
1) Married- Nov 2010
2) Application for PR/Approved in January 2012
3) Landed February 2012
4) After a 3 months living together, you go back to India
5) After 5 months break you move back -BUT dont live together- Yes, i did not want to stay with her parents. And she did not want to move in rental apartment.
6) 6 months later after not living together she threatens for divorce- No, we were hanging out and closely connected. She only threat when i chose a job in calgary in Feb'13. Been uneomployed for a long time i had to make a choice.
7) 3 months later moved to Montreal but only living together on weekends.- Yes, moved to montreal rented an apartment in Montreal and in Brampton. Travelling since april 2013 to till today weekends, vacations etc.
 

saria1

Hero Member
May 22, 2014
739
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British Columbia
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October 28, 2014
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None
AOR Received.
January 16, 2015
File Transfer...
January 23, 2015
Med's Request
Upfront
Med's Done....
October 27, 2014
Interview........
None
Passport Req..
None
VISA ISSUED...
June 17, 2015
LANDED..........
June 30, 2015
Interesting.... I would try and stress the point of emotional abuse by your spouse, in your response to CIC. Maybe focus on adding as much email, chat, text documentation to support the abuse claim. Why they are coming to you after almost 4 yrs is baffling.... But something tells me they have to follow up as standard protocol and are probably rolling their eyes at the complaint 4 years later.

Some people just plain suck, and sadly they are in all corners of the world. I wish you the best of luck!
 

SenoritaBella

VIP Member
Jan 2, 2012
3,673
194
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Dakar
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Pre-Assessed..
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08-01-2014
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12-02-2014
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25-02-2014
Med's Request
02-11-2015
Med's Done....
18-09-2013
Passport Req..
02-11-2015
VISA ISSUED...
hopefully soon
LANDED..........
hopefully soon
It's true marriage requires effort from both sides. But for CIC, since you were the sponsored spouse, they are trying to ascertain whether you married her for love or to get PR status. Try to provide as much proof as possible.

I'm not sure why a married woman will insist in living with her parents. Also, it appears you did the best you could in the circumstances to try to make it work - commuting between two provinces, etc. I think CIC may have a standard procedure to investigate all complaints, but it's good you are hiring a lawyer. That should help with presenting a strong case. Hope it all works out and sorry you experienced such an ordeal.

punkii said:
Thanks to all off you

I have no choice remain. I'm hiring a lawyer to represent me to CIC. Its really a stressful phase. I have to collect all emails, chats, texts, bookings, pics to justify my intentions. I have to get 500 emails & 280 pages of texts translated.

Marriage required efforts from both sides. Why they are asking only me to justify it? Isn't sponsor should also show her efforts towards a relationship?
Or is it a assumption from CIC that sponsor in canada can never go wrong with marriages?

This is totally unfair to put one person in prejudicial situation.
 

BrianDell

Star Member
Jan 3, 2014
108
7
Category........
Visa Office......
Beijing
Job Offer........
Pre-Assessed..
App. Filed.......
17 Oct 2014
AOR Received.
1 Jan 2015
File Transfer...
6 Jan 2015<br>IP 3 June 2015
Med's Done....
9 Jan 2015
Passport Req..
17 June 2015
VISA ISSUED...
1 Aug 2015 (delivered)
LANDED..........
11 Aug 2015 in Edmonton
"I landed in canada in Feb'12... after couple of weeks... i recieved my PR card and i flew back."

I think you need to explain how the basis on which you received that card continued to apply after you received it. The impression is created that as far as you were concerned, the marriage was over, but you took the PR card anyway.
 

punkii

Star Member
Jun 9, 2015
65
7
BrianDell said:
"I landed in canada in Feb'12... after couple of weeks... i recieved my PR card and i flew back."

I think you need to explain how the basis on which you received that card continued to apply after you received it. The impression is created that as far as you were concerned, the marriage was over, but you took the PR card anyway.
Its 3 months actually, which we both agreed upon before i landed. That i had to go back to serve 3 months notice period for Indian employer to get my experience certificate and asked them for future some work for US or Canadian clients to do work from Canada. Initial 3 months duration in canada, i was working from home in night shift for India office.