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Fraud Marriage

donne

Newbie
Aug 7, 2012
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I had Canadian PR and went to get married outside Canada , After two months I came to Canada and filed papers for my wife and in few months she came was in Canada too. But she left me in 2 days after her arrival.

Later I also found that her temporary visa was refused 2 years ago and she lied to me in the paperwork too.

Can I do anything to deport her as she just married to get immigration. Please Suggest ??
 

Leon

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Jun 13, 2008
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donne said:
I had Canadian PR and went to get married outside Canada , After two months I came to Canada and filed papers for my wife and in few months she came was in Canada too. But she left me in 2 days after her arrival.

Later I also found that her temporary visa was refused 2 years ago and she lied to me in the paperwork too.

Can I do anything to deport her as she just married to get immigration. Please Suggest ??
Here is where to report fraud: http://www.cic.gc.ca/english/information/protection/fraud/report.asp

Make sure you mentioned that she lied in her application. This is very important as it is considered to be misrepresentation and that is what can lose her the PR.
 

donne

Newbie
Aug 7, 2012
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So I should process the case under "Fraud Marriage" or "Misrepresentation".....and what are chances in % for deportation in this case....Do lying in the application paperwork can lead to deportation ??
 

Leon

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Nobody can tell you what the chances are but if you report it, they will look at it. If they find a reason to call her for an interview, they will. If they feel that she did commit misrepresentation, she can lose her PR.

If she did lie on her application, it would give them a reason to revoke her PR without being able to prove that she entered into a fraud marriage. If she did not lie, it can be hard to prove it. She can say that she truly loved you and wanted to stay with you forever but your behaviour in the 2 days is what caused her to leave. Now, you may know that is not true but it is your word against hers.
 

donne

Newbie
Aug 7, 2012
4
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How serious is if her 'Temporary Visa' was refused two years ago... but she hide the true facts and lied on her recent application about that refusal... Is that is considered to be misrepresentation and can this lead to any action against her ?
 

SenoritaBella

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1. If her TRV was rejected 2 yrs ago and she has not changed her name, identity, etc, it is likely that the visa officer had access to this information or did not notice the discrepancy.

2. Even if she lied about it, the question becomes whether or not it was a material misrepresentation? That is, would the visa officer's decision be different had he/she known about it? In my opinion, she would still have been granted permanent resident status. Action may be taken against her but as she is a PR, she has a right to appeal and from the cases I've read on the Federal Court, she is likely to succeed.

I realise this must be hard for you, but these things have a way of consuming your life. It may also help to consider moving on with your own life and let the law deal with it.


donne said:
How serious is if her 'Temporary Visa' was refused two years ago... but she hide the true facts and lied on her recent application about that refusal... Is that is considered to be misrepresentation and can this lead to any action against her ?
 

Leon

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She could lose her PR due to the fact that she did not mention the refused visa. There was a lady on this forum who got her husband deported because he had lied about 2 months of his past where he was actually unemployed but had said he was in school because it looked better. After having sponsored him, he left her right away. She could not prove marriage fraud but she could prove that he had lied on his application about his past and that was enough to revoke his PR. If he had told the truth about having been unemployed for 2 months, it most certainly would not have caused his application to be refused.
 

donne

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Aug 7, 2012
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Is this new rule on "marriage fraud" is also beneficial for old cases in process ? Does it changed anything ??
 

scylla

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donne said:
Is this new rule on "marriage fraud" is also beneficial for old cases in process ? Does it changed anything ??
No - the new rule is not retroactive.

It changes nothing for your case.