Pls Help. Spouse Divorce!

[bennyke]

I am the principal applicant and waiting for my medicals. I recently married and and has already added my wife to my application as my spouse. Now we are at the point of separating/divorce due to some issues.

Pls I need advice on hw this event will affect my on-going application. I have paid RPRF and passed my interview and waiting for medicals.

Pls I need ur advice on how to continue my application without my spouse or how to withdraw her from my application.

Thanks.

[Leon]

Just keep the visa office informed, whatever you do.  If you separate, let them know immediately that you have separated and ask if there is anything you need to do.  Let them know if you are planning legal divorce and how long it should take.  If you get the divorce before you land as a PR, let them know that too before you land, even if your visa is already issued.  They are very picky about wanting to know all changes in your family composition at any time before you land as a PR.

[bennyke]

Thanks Leon,

One more question, assuming we get d divorce paper while we have the visa, do you think she could be able to enter canada with or without me using the visa? 

[Leon]

I believe they would cancel her visa if they know you are legally divorced.  If you are the principal applicant, she can not land before you, she must either land with you or after you.  If you want her to land and decide not to tell immigration that you got divorced, you are guilty of misrepresentation and that can come back to haunt you later, say if either one of you decides to sponsor another partner at some point and immigration sees that you were divorced before you landed and didn't tell them.

If you have your visa and you let immigration know that you are legally divorced, then you have done your part and they will tell you what they want you to do, if anything.

[bennyke]

Thanks very much leon, I appreciate your contribution. Very helpful

[bennyke]

I got my medical request frm CIC. I'm having problem with my spouse and skeptical to proceed to sponsor her further. I have 60days to submit my medicals.

Pls i need ur advise whether it's wise to include continue sponsoring her now knowing the implication of taking care of her for 3yrs if she eventually land and we divorce.

I'm thinking of putting a divorce b4 the medical is done.

[Leon]

You can not remove her from your application until you are divorced.  You could ask them to make her non-accompanying but they will still want her medicals.

You are however not responsible for her for 3 years after she lands because you are not sponsoring her, you are applying together as a couple.  There is a difference.  You are only responsible for 3 years if you are already PR or a citizen and sponsor a spouse to join you in Canada.  When you apply for PR together at the same time, that is not the case.

[bennyke]

Thanks a lot, Leon.

[bennyke]

I have 90days to submit my medicals. In my country, its possible to get divorce certificate within this time since two of us have mutually agreed to part? Can CIC see it as too early?

Please reply.

[Leon]

What do you care if they see it as too early?  You operate within the laws of your country.  Either you send your medicals and divorce papers or you send your medicals and her medicals.  Your choice.

[bennyke]

Thanks so much, Leon.

I will wait to get the decree and do my medicals, then send the decree and cover letter to CIC.

Pls one more question, what will do with her own medical form? Do I send it back to CIC?

Pls reply, sir

[Leon]

If you are going to be able to provide the divorce papers and will not need her medicals, you could either send her medical forms back to them or just throw them away.

[canadaforall]

Thanks so much, Leon.

I will wait to get the decree and do my medicals, then send the decree and cover letter to CIC.

Pls one more question, what will do with her own medical form? Do I send it back to CIC?

Pls reply, sir

Ok if you would like to divorce her, please make sure, you have enough points without her own points.  if not then you have to continue with her.

Please take your time and think well, do not loose what you have gained.

Think over it very well.

[bennyke]

 @ Canadaforall, thanks for your contribution. Do u mean losing my marriage or my PR application, sir?

[canadaforall]

 @  Canadaforall, thanks for your contribution. Do u mean losing my marriage or my PR application, sir?

i mean the PR. I say so because you probably had sspent money to arrive this stage of medicals.   People marry many times, so it is not a problem. But for medicals and Pr , on little mistake can cause a lot of damage.