CANADAVISA.com Immigration Forum
May 28, 2012, 02:53:07 pm
   Home   Assessment Help Search Login Register RSS  
*
Welcome, Guest. Please login or register.
Did you miss your activation email?

 News
 
Pages: 1 [2]   Go Down
  Print  
Author Topic: i am in trouble  (Read 1572 times)
qorax
VIP Member
*******

Posts: 9316
Ratings: +1757

« Reply #15 on: August 17, 2011, 03:26:05 am »

The wife of course is entitled to her divorce settlement of some part (half?) of the marital assets plus she could try for alimony which she probably wont get though because she is the one who met someone else and left.

Proving that might be a pain in the 'A' of the PA.
She'd most likely take his half... and receive monthly maintenance [from him] as well.
Logged

"Dignity does not consist in possessing honours, but in deserving them." -Aristotle

Qorax Indexed:
http://www.canadavisa.com/canada-immigration-discussion-board/-t74858.0.html
Leon
VIP Member
*******

Posts: 13705
Ratings: +571

« Reply #16 on: August 17, 2011, 03:31:26 am »

Proving that might be a pain in the 'A' of the PA.
She'd most likely take his half... and receive monthly maintenance [from him] as well.

Maybe she is a decent person and is really not after his money.  You are saying she will take her half and his?  I don't think she can take all Smiley  Still, I worked with a guy who had given his ex both their houses when they divorced and he was paying her sums in alimony and she wasn't even raising the kids, he was.
Logged

PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
qorax
VIP Member
*******

Posts: 9316
Ratings: +1757

« Reply #17 on: August 17, 2011, 03:44:45 am »

Maybe she is a decent person and is really not after his money.  You are saying she will take her half and his?  I don't think she can take all Smiley  Still, I worked with a guy who had given his ex both their houses when they divorced and he was paying her sums in alimony and she wasn't even raising the kids, he was.

Sir, I was indicating his pre-divorce half. And the irony is - in 90% marital break-ups the 'better half' doesn't opt for a 'waiver' and do insist in receiving her 'share'. This 'avoidable-unfortunate' scenario in one's life is indeed a mess !
Logged

"Dignity does not consist in possessing honours, but in deserving them." -Aristotle

Qorax Indexed:
http://www.canadavisa.com/canada-immigration-discussion-board/-t74858.0.html
Leon
VIP Member
*******

Posts: 13705
Ratings: +571

« Reply #18 on: August 17, 2011, 04:12:32 am »

Sir, I was indicating his pre-divorce half. And the irony is - in 90% marital break-ups the 'better half' doesn't opt for a 'waiver' and do insist in receiving her 'share'. This 'avoidable-unfortunate' scenario in one's life is indeed a mess !

I was indicating his soon to be ex-wife too but sometimes when people say they are not after money, they really aren't.  Maybe her new boyfriend has loads of cash and she really doesn't need or want his money.

Then again, if she contributed to their marital assets, she deserves her share.  I don't know their situation but if she had been putting her pay checks into the pot, she deserves to get something out of the pot too.
Logged

PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
sallu
Newbie
*

Posts: 7
Ratings: +0

« Reply #19 on: August 17, 2011, 08:28:13 am »

i am sorry guys to make confuse you to my dear friends who answered me.

I want to ask you guys that 

(1) I AM MAIN APPLICANT AND MY WIFE IS DEPENDENT
(2) WE GOT PR AT THE SAME TIME IN MAY 2011
(3) MY QUESTION IS MY WIFE WANTS DIVORCE THEN
(4) IF I WILL MARRY WITH ANOTHER GIRL FROM MY HOME COUNTRY OR WITH CANADIAN GIRL THEN MY NEW WIFE WILL GET VISA OR NOT???

SORRY TO CONFUSE YOU GUY ....I AM EXTREMELY SORRY FOR THAT I AM IN TENSION THATS WHY I MENTIONED NOT CLEAR??? SORRY

THANKS
Logged
Leon
VIP Member
*******

Posts: 13705
Ratings: +571

« Reply #20 on: August 17, 2011, 09:12:51 am »

(4) IF I WILL MARRY WITH ANOTHER GIRL FROM MY HOME COUNTRY OR WITH CANADIAN GIRL THEN MY NEW WIFE WILL GET VISA OR NOT???

If you get married to a Canadian girl, she will not need a visa.  If you get married to a girl who needs a visa, you will have to apply to sponsor her for PR.  After she gets her PR, then you are responsible for her for 3 years.  If she leaves you and goes on welfare, you will have to re-pay all the money she gets from the government during that time.

The most common reason that a PR application for a spouse might be refused is if immigration does not think it is a genuine marriage.
Logged

PR=Permanent resident - TFW=temporary foreign worker
FSW=federal skilled worker - QSW=Quebec skilled worker
AEO=arranged employment offer - LMO=labour market opinion
CEC=Canadian experience class - PNP=provincial nominee program
mandiebraxton
Champion Member
******

Posts: 2117
Ratings: +77
Category........: FSW1
Visa Office......: Accra
NOC Code......: 4152
Pre-Assessed..: Yes
App. Filed.......: 19-05-2011
Nomination.....: PER: 12-07-2011
AOR Received.: + docs requested: 25-08-2011
IELTS Request: sent with application
File Transfer...: 11-08-2011
Interview........: Waived
VISA ISSUED...: By August 2012 God willing!
LANDED..........: The next day! :-)

« Reply #21 on: August 17, 2011, 11:09:58 am »

quote author=sallu link=topic=80153.msg943816#msg943816 date=1313587693]
(4) IF I WILL MARRY WITH ANOTHER GIRL FROM MY HOME COUNTRY OR WITH CANADIAN GIRL THEN MY NEW WIFE WILL GET VISA OR NOT???


If you get married to a Canadian girl, she will not need a visa.  If you get married to a girl who needs a visa, you will have to apply to sponsor her for PR.  After she gets her PR, then you are responsible for her for 3 years.  If she leaves you and goes on welfare, you will have to re-pay all the money she gets from the government during that time.

The most common reason that a PR application for a spouse might be refused is if immigration does not think it is a genuine marriage.

I was also thinking along the same line, that the new wife's visa might be refused bcos it might be seen as marriage of convenience, but then the whole focus was skewed towards finacial responsibility of the man to his soon to be ex!! Mandie
Logged

sanity
Hero Member
*****

Posts: 242
Ratings: +18
Category........: FSW1
Visa Office......: New Delhi
App. Filed.......: 12th July 2011
IELTS Request: 8.0

« Reply #22 on: August 18, 2011, 01:28:59 am »

i am sorry guys to make confuse you to my dear friends who answered me.

I want to ask you guys that 

(1) I AM MAIN APPLICANT AND MY WIFE IS DEPENDENT
(2) WE GOT PR AT THE SAME TIME IN MAY 2011
(3) MY QUESTION IS MY WIFE WANTS DIVORCE THEN
(4) IF I WILL MARRY WITH ANOTHER GIRL FROM MY HOME COUNTRY OR WITH CANADIAN GIRL THEN MY NEW WIFE WILL GET VISA OR NOT???

SORRY TO CONFUSE YOU GUY ....I AM EXTREMELY SORRY FOR THAT I AM IN TENSION THATS WHY I MENTIONED NOT CLEAR??? SORRY

THANKS

My take is that, your wife is in Canada only because of you, being the main applicant (unless of course,you claimed sufficient points from your partner to meet the criteria)
1.As it is hardly 3 months since you have landed with her , it would be wise to inform CIC of the situation as they can still decide to revoke the dependant PR. Please note that it can turn sour if you have an agreement to not give her alimony, more importantly if you have obtained 67 pts with her characteristics.
2. As she has met someone else ( it is not clear if he is a canadian), she can of course retain temporary status until the divorce is finalised or in the worst scenario asked to leave & be sponsored by her current partner.

Either ways, it is your decision now.

Since you were keen to know if you could bring another woman from your home country , it is possible only after you divorce your present wife and sponsor the new lady which could take some time.
So dont worry, take each step slow - I hope things settle well in your life and you can move on with someone better deserving .

Sanity

Logged
mfoniso
Star Member
****

Posts: 63
Ratings: +1
Category........: QSW
Visa Office......: accra
NOC Code......: Quebec selected SW
App. Filed.......: 03/08/2011
Doc's Request.: additional info requested: 29/11/2011
AOR Received.: 22/08/2011
IELTS Request: NA
File Transfer...: NA
Med's Request: in process as at May 01, 2012......MR coming soon

« Reply #23 on: August 19, 2011, 03:21:25 am »

if he sponsored her, he has a financial undertaking which he must honor - divorce or no divorce. i think its for a period of three years for spouses but the time and requirements may have changed. his best bet remains to call cic and clear his doubts. in any case he is not posting or replying anymore so maybe he has all the answers he needs.....or he is nursing his broken heart......or he and the mrs are back together and he has no further use for our replies.. Grin
Logged
qorax
VIP Member
*******

Posts: 9316
Ratings: +1757

« Reply #24 on: August 19, 2011, 03:40:53 am »

if he sponsored her, he has a financial undertaking which he must honor - divorce or no divorce. i think its for a period of three years for spouses but the time and requirements may have changed. his best bet remains to call cic and clear his doubts. in any case he is not posting or replying anymore so maybe he has all the answers he needs.....or he is nursing his broken heart......or he and the mrs are back together and he has no further use for our replies.. Grin

I wish/pray that one it is...
Logged

"Dignity does not consist in possessing honours, but in deserving them." -Aristotle

Qorax Indexed:
http://www.canadavisa.com/canada-immigration-discussion-board/-t74858.0.html
Thalia
Hero Member
*****

Posts: 283
Ratings: +37
Category........: FSW1
Visa Office......: Rome
NOC Code......: 0631
App. Filed.......: 28 March 2011
AOR Received.: 27 April 2011
File Transfer...: RBVO: 4 June 2011

« Reply #25 on: August 19, 2011, 03:46:10 am »

From what I read you both applied together, you being the main applicant and she the dependent in the application.
From the moment you land to Canada there is no main and no dependent.
You both got your PR and live there, have the same rights, etc. You have no obligation to support her whatsoever.
Any case of alimony has to do with civil court/ divorce laws, not with immigration.
If I were you, and if I would want to keep my PR status, I'd wait a bit with the divorce papers. Simply cause you just landed, and a divorce so soon might revoke both your PRs, not only hers. Unfortunately its a "he says" "she says" situation, so better avoid it if you can.

Once this whole thing is over you can sponsor a new wife, but sponsorship is a different process. You will need to show steady income, tax payments etc. It is a more time-consuming application.
Just keep living your life, do the best you can for yourself and I'm sure a wonderful girl will come around, maybe from your home country, maybe not.
Logged

Nothing is the end of the world...
what is to be done, will be done. Cheesy
Cappuccino
VIP Member
*******

Posts: 4174
Ratings: +360
Category........: FSW1
Visa Office......: London
NOC Code......: 3131
App. Filed.......: 30-Aug-2010
AOR Received.: 15-Dec-2010
IELTS Request: Sent with app - 8.5 band score
Med's Request: 13-Apr-2011
Med's Done....: 19-Apr-2011
Passport Req..: 28-June-2011
VISA ISSUED...: 21-July-2011
LANDED..........: 27-Aug-2011

ECAS
Recd By VO.....: 11-Feb-2011
In Process.......: 15-Mar-2011
Decision Made.: 25-Jun-2011

« Reply #26 on: August 19, 2011, 03:49:49 am »

Dear friends please help me out.

I am PR in Canada since May 2011. I am the main applicant for Canada PR visa application. My wife is dependent to me. I sponsor my wife so i am responsible to support my wife for three years and my wife knows very well about this matter.  i don't have any idea that she fell in love with one person in Canada and now she wants to move with her new boyfriend and she has decided to give me divorce. SHE SAID TO ME THAT SHE WILL NOT TAKE  MONEY FROM ME. THANK GOD THAT I HAVE NOT TO PAY ANYTHING TO MY WIFE, BUT SHE NEED DIVORCE FROM ME. so now what to do?Huh?

right now i have no person in life but i am worried. so please help me. that if i want to marry with someone so can i marry and sponsor to her or not?? because i have one sponsorship of my wife.  CANADA IMMIGRATION WILL GIVE VISA TO MY WIFE.

PLEASE HELP ME OUT .................

As some of the others have said here, your current wife is in Canada only because of you.

The big question I would be asking is did she have any intention of staying with you when the application was going through and when she landed, or was she always intending to leave you once she got PR status?

If it is the latter then I think there is a chance she could be deported from Canada. Either way I think you should report the matter to CIC and let them decide how to handle it.

Also I heard that CIC were bringing out new rules for spousal sponsorship, requiring the sponsored party to remain married to the sponsor for 2 years, otherwise the PR would be revoked. I am unsure if this rule is yet in force or it is just being talking about as a possibility.

Wayne.
Logged

Please make update requests IN GREEN on the post J26 thread!
My Canada blog = http://get2canada.wordpress.com

Also I would recommend attending a CIIP course after you get med requests!
http://get2canada.wordpress.com/our-ciip-experienc
Cappuccino
VIP Member
*******

Posts: 4174
Ratings: +360
Category........: FSW1
Visa Office......: London
NOC Code......: 3131
App. Filed.......: 30-Aug-2010
AOR Received.: 15-Dec-2010
IELTS Request: Sent with app - 8.5 band score
Med's Request: 13-Apr-2011
Med's Done....: 19-Apr-2011
Passport Req..: 28-June-2011
VISA ISSUED...: 21-July-2011
LANDED..........: 27-Aug-2011

ECAS
Recd By VO.....: 11-Feb-2011
In Process.......: 15-Mar-2011
Decision Made.: 25-Jun-2011

« Reply #27 on: August 19, 2011, 03:52:24 am »

From what I read you both applied together, you being the main applicant and she the dependent in the application.
From the moment you land to Canada there is no main and no dependent.
You both got your PR and live there, have the same rights, etc. You have no obligation to support her whatsoever.
Any case of alimony has to do with civil court/ divorce laws, not with immigration.
If I were you, and if I would want to keep my PR status, I'd wait a bit with the divorce papers. Simply cause you just landed, and a divorce so soon might revoke both your PRs, not only hers. Unfortunately its a "he says" "she says" situation, so better avoid it if you can.

Once this whole thing is over you can sponsor a new wife, but sponsorship is a different process. You will need to show steady income, tax payments etc. It is a more time-consuming application.
Just keep living your life, do the best you can for yourself and I'm sure a wonderful girl will come around, maybe from your home country, maybe not.


Well the question is now would the OP have been eligible for PR had he applied on his own, or did his wife grant him enough points under adaptability to take him over the 67 point barrier?

If he would have been eligible on his own anyway, I do not see that his PR status is in danger.

If this woman had no intention of staying married to him then I think she was landing under false pretenses.

It's his call, but if it were me I would alert CIC immediately with the details.

Wayne.
Logged

Please make update requests IN GREEN on the post J26 thread!
My Canada blog = http://get2canada.wordpress.com

Also I would recommend attending a CIIP course after you get med requests!
http://get2canada.wordpress.com/our-ciip-experienc
Thalia
Hero Member
*****

Posts: 283
Ratings: +37
Category........: FSW1
Visa Office......: Rome
NOC Code......: 0631
App. Filed.......: 28 March 2011
AOR Received.: 27 April 2011
File Transfer...: RBVO: 4 June 2011

« Reply #28 on: August 19, 2011, 04:07:30 am »

Problem is that no one can prove that she used her husband to move to Canada. She can claim anything if accused. We still don't know her side of the story.
And even if he didn't need her points, still he included her in the app. Don't think it's so easy; still they will both go under examination of their application and then who knows?
In no case I'm suggesting legal or illegal solutions. Just believe sometimes it's better to avoid getting into unnecessary trouble. What is done, is done and they will decide how to handle their marriage. But everything happened too fast and they should give it a second thought before getting CIC in the middle and becoming once a married couple, now "enemies" who talk through lawyers.
Logged

Nothing is the end of the world...
what is to be done, will be done. Cheesy
sanity
Hero Member
*****

Posts: 242
Ratings: +18
Category........: FSW1
Visa Office......: New Delhi
App. Filed.......: 12th July 2011
IELTS Request: 8.0

« Reply #29 on: August 19, 2011, 06:44:41 am »

Problem is that no one can prove that she used her husband to move to Canada. She can claim anything if accused. We still don't know her side of the story.
And even if he didn't need her points, still he included her in the app. Don't think it's so easy; still they will both go under examination of their application and then who knows?
In no case I'm suggesting legal or illegal solutions. Just believe sometimes it's better to avoid getting into unnecessary trouble. What is done, is done and they will decide how to handle their marriage. But everything happened too fast and they should give it a second thought before getting CIC in the middle and becoming once a married couple, now "enemies" who talk through lawyers.

Understand what you intend to say. Of course it is not wise to mix your personal life with immigration -  but there are factors to be considered.
1. It is mandatory for a couple to mention the partners name in the application so irrespective of gaining points with his/her factors, the PA should include her while applying although accompanying the PA is optional.
2 I cannot see a reason why he should be examined if he reports her to the authorities. If he has gained enough points to meet the criteria, then it is clear that her PR has an obligation to be met (atleast in immigration terms). I recently saw an interview where Jason Kennedy (Imm minister),  mentioned that the route taken to bring a spouse into the country and leaving for another person to come in is on the rise. So the PA should take the step to report her as it would only lead to his future spousal application to be judged suspiciously.

As none of us know the entire picture , it would be wise for 'sallu' to take the right call after evaluating his options based on the views everyone has shared.

Sanity
Logged
Pages: 1 [2]   Go Up
  Print  
 
Jump to:  

Powered by SMF 1.1.10 | SMF © 2006-2009, Simple Machines LLC