Wife wants Divorce on Separation basis.....Plz help

[Phulvir]

Hi ,

 

[canadianwoman]

Hi ,

I(husband) got married to a canadian citizen(wife) on 15 January 2012 in India . She came back to canada on 30th january 2012 . She filed for my sponsorship in May 2012 and i landed here in canada on 10th December 2012 . Now my wife wants divorce and she has filed for divorce in the court . She has mentioned our separation date as 30th January 2012 . Meanwhile again in november 2012 she went to India and stayed with me for 15 days . Now she says it was a forced marriage by her parents (actually she loves another guy and now she lives with him) . I have all the details of phone calls , emails etc that we were in contact daily for this last 1 year . I have no problem in giving her divorce but if i sign the papers and accept that we got separated on 30th january 2012 won't it be counted as a fraud against immigration ....????.....How can she sponsor me if we were separated at that time .....????.......should i sign the divorce papers or should i refuse to divorce her .........????....Plz help .....i have lost my marriage but i want to save the PR atleast.......

I would not sign them. You were not in fact separated on January 30, 2012. If you had been, she could not have sponsored you. A separation because you haven't got your PR visa yet does not count as a separation for a divorce - unless you two both felt it was just a fraud from the beginning.
Make her wait a year after you believe you separated - which would be some time after you landed on December 10, 2012.

It is true you already have your PR status and won't lose it, but why do anything that might create problems for you at some point? If you sign the papers now, claiming you separated in January 2012, you are signing a legal document that proves you got your PR visa by marriage fraud. How do you know she is not going to turn around and insist to CIC that you knew all along that it was a fake marriage and that thus you should be investigated, stripped of your PR status, and deported? CIC almost never does actually investigate, to be sure, but I certainly wouldn't hand my soon-to-be ex-spouse anything that would allow her to prove I participated in marriage fraud.

Wait until the year is up after the real separation, then sign.

 

[PMM]

Hi

I would not sign them. You were not in fact separated on January 30, 2012. If you had been, she could not have sponsored you. A separation because you haven't got your PR visa yet does not count as a separation for a divorce - unless you two both felt it was just a fraud from the beginning.
Make her wait a year after you believe you separated - which would be some time after you landed on December 10, 2012.

It is true you already have your PR status and won't lose it, but why do anything that might create problems for you at some point? If you sign the papers now, claiming you separated in January 2012, you are signing a legal document that proves you got your PR visa by marriage fraud. How do you know she is not going to turn around and insist to CIC that you knew all along that it was a fake marriage and that thus you should be investigated, stripped of your PR status, and deported? CIC almost never does actually investigate, to be sure, but I certainly wouldn't hand my soon-to-be ex-spouse anything that would allow her to prove I participated in marriage fraud.

Wait until the year is up after the real separation, then sign.

He could, if CIC finds out they may decide that it was a MOC, separate immediately after "landing" and report him for misrepresentation. Truesmile may wish to do a query on http://www.canlii.org/en/ca/irb/index.html on misrepresentation Immigration divorce you will find that CBSA does your divorce pleadings.

 

[BCgirl2012]

Lying to court in order to expedite a legal divorce is illegal and one of the grounds that the judge will refuse to grant the divorce (look up collusion in Canadian divorce laws).

Canada requires either a full year of separation or one party filing a law suite against the other on adultery or cruelty charges. Any other way will render the divorce illegal.

 

[truesmile]

At the risk of what the experts have proposed as a possibility, let alone your "ex" changing her story and saying "you left her" (which just came to me now reading your last post), better follow their advice . . . bring all of your evidence and present it to your legal counsel!

 

[DGT]

Indeed. I'm no expert here but you need to get a lawyer, concur that you agree to the principle of the divorce, but deny that the dates are as she has stated. And give all you proof as firepower to the lawyer. Good luck, and I hope life looks up for you.

 

[DGT]

if she is successful in proving that we got separated on Jan 2012......then won't the judge ask her y she sponsored me ....??......isn't it ridiculous ....shes 26 years old...shes not a minor ......do i really have to prove that we din't separate .....???

Well, you did mention that you had those proofs. So use them!

 

[BCgirl2012]

This might be relevant.

http://www.canlii.org/eliisa/highlight.do?text=misrepresentation+AND+Immigration+AND+divorce&language=en&searchTitle=Canada+%28Federal%29+-+Immigration+and+Refugee+Board+of+Canada&path=/en/ca/irb/doc/2004/2004canlii56760/2004canlii56760.html

 

[DGT]

I don't know what you want us to say here. All I can advise is that you do everything by the book, do not sign any papers that do not represent the whole truth and exhibit all the proofs that you can about your ongoing relationship. If you tell the truth at all times and be upfront, you will be fine.

 

[Rob_TO]

If you sign the papers now, claiming you separated in January 2012, you are signing a legal document that proves you got your PR visa by marriage fraud.

Agreed 100%. Signing something saying you were separated before you landed would cause your PR to be revoked. You can sign for a divorce in general without risking your PR, but just make certain the date of separation is after you landed. You could perhaps just cross off this date in the papers you have from her lawyer, put in the actual date, sign the change, and send papers back.

He could, if CIC finds out they may decide that it was a MOC, separate immediately after "landing" and report him for misrepresentation. Truesmile may wish to do a query on http://www.canlii.org/en/ca/irb/index.html on misrepresentation Immigration divorce you will find that CBSA does your divorce pleadings.

However in this case it's the sponsor pushing for divorce, and not the applicant. Doesn't that make the misrepresentation much harder to show? In most misrepresentation cases its the applicant who lands and then runs away with PR... not the other way around.

 

[amikety]

Agreed 100%. Signing something saying you were separated before you landed would cause your PR to be revoked. You can sign for a divorce in general without risking your PR, but just make certain the date of separation is after you landed. You could perhaps just cross off this date in the papers you have from her lawyer, put in the actual date, sign the change, and send papers back.


However in this case it's the sponsor pushing for divorce, and not the applicant. Doesn't that make the misrepresentation much harder to show? In most misrepresentation cases its the applicant who lands and then runs away with PR... not the other way around.

Not necesarrily. If the woman was the one to realize the marriage wasn't genuine, then she could want to file for divorce quickly so he would look guilty to CIC. (That's an if, not a judgment on this situation!)

Do not sign anything with a untrue date on it. Collect any evidences you have of your relationship and when she asked about the divorce. Take them to a trusted friend's house and have your friend keep them safe.

Repeat, do not sign anything.

Tell her (or her lawyer) to change the date to the proper separation. Then and only then will you consider signing anything.

But don't sign anything until you read it completely. It's best to have a lawyer or someone familiar with divorces read it over for you.

 

[nancy...]

Phulvir You are disclosing too much information on this forum...I would say no body should be able to track you who you are... it can be used against you... I am not sure how ..but it can be... atleast dont use details so that no body knows who you are..

 

[parker24]

Phulvir You are disclosing too much information on this forum...I would say no body should be able to track you who you are... it can be used against you... I am not sure how ..but it can be... atleast dont use details so that no body knows who you are..

Considering we don't know his name, or where he's living, I'd say he's safe.

In any case, Phulvir, I would, first thing Monday, call your counsel and talk to them. They will know better than we do.

 

[Luckyman]

Don't sign the papers.... Here is the alternative for her.

If she wants to expedite the process then she can ask you to file under grounds of adultery. She would then have to fill and sign an affidavit confessing to such act where she can lie all she wants... But note that it's her lie not yours.

This way the divorce can be expedited, and you will not be the lier... All that will be on her.

The way I see it is that if she wants to hurry it up so bad... She should be the one willing to take the risk... Also a Canadian divorce can happen at any time under grounds of adultery... Therefore you can state your actual separation date.

Cheers!

 

[am4u2ster]

Simply tell her if you want a divorced., i do not want.. wait for at least 12 months, she can not force you to do so, if you are already separated please stay away from her, do not call do not text do not reply to her email. she will put in you trouble. stating that you have given her life threatening, our you hit her.. stay away from the nuisance for 12 months.. stay away.. from her. if you wanted to keep your PR