FSW Immigration for individual - Marriage Annulment Petition Pending in Court

[h4.harry]

My status is as follows:
A) Married but separated from my wife, no contact at all via any communication mean, so no cooperation in getting any of her document expected.
B) Marriage Annulment Petition has been filed in court, case ongoing, can take significant time due to regular court procedures. Copy of petition, case number, etc. available if required.
C) Passport issued much before marriage, and has no mention of spouse in it.
D) looking for applying in NOC 4011 - University professors and lecturers
E) Present Citizenship - Indian

Questions:

1) What would be my legal status - Married or Legally Separated - or can I select single as passport still not having nay mention of spouse?
2) If I have to mention myself as married, I have no document at all of my wife, nor it is possible to have her signatures for any of the purpose. Can attaching the annulment petition, if its required, would serve the purpose? (It is not possible at all to get expedite annulment/divorce in judicial system I am living in, so it would take time)
3) Couldn't I classify as Legally separated as annulment case is already filed in court?
4) Do I need to get any correction (addition of spouse) in my passport?

 

[future_canadian]

My status is as follows:
A) Married but separated from my wife, no contact at all via any communication mean, so no cooperation in getting any of her document expected.
B) Marriage Annulment Petition has been filed in court, case ongoing, can take significant time due to regular court procedures. Copy of petition, case number, etc. available if required.
C) Passport issued much before marriage, and has no mention of spouse in it.
D) looking for applying in NOC 4011 - University professors and lecturers
E) Present Citizenship - Indian

Questions:

1) What would be my legal status - Married or Legally Separated - or can I select single as passport still not having nay mention of spouse?
2) If I have to mention myself as married, I have no document at all of my wife, nor it is possible to have her signatures for any of the purpose. Can attaching the annulment petition, if its required, would serve the purpose? (It is not possible at all to get expedite annulment/divorce in judicial system I am living in, so it would take time)
3) Couldn't I classify as Legally separated as annulment case is already filed in court?
4) Do I need to get any correction (addition of spouse) in my passport?

1. Legally separated means that a court has issued a document stating that you are legally separated. It doesn't just mean that you are no longer living together or in contact. If you have a legal document from a court showing that you are separated, you can list yourself as separated. Otherwise you must select married. You CANNOT select single. Even if you are divorced you must still fill in the details of former spouse on the generic form as you can see.

2. You must fill in as much information as you can about your wife on all applicable forms. Because many items will be missing, you should include an annexure explaining the situation in detail to CIC.

3. ONLY if a court has issued a legal separation.

4. No. Your passport is a travel document only. It is not proof of anything and it is irrelevant whether your wife's name is in it or not.

Good luck.

 

[2012isdyear]

Hello Brother,

Welcome to the club. I was in the same situation as you are right now. I could share with you what I did. I am a PR now but thank God without my wife to drag my paperworks. I had attached a letter of explanation as a cover letter regarding my marital status. I had also attached an affidavit that the annulment is in process, mentioning the file numbers and attaching the stamped documents submitted by my lawyer to the regional court. Affidavit was done here in Canada. In the application forms, I had left blank the portion for a spouse but indicating I am previously married.

If you think your spouse will be incooperative in undergoing medicals or she will be a disadvantage for you here in Canada, you need not include her. But honestly, if you think your children deserves to be with their mother, you should include her in your application, just have an agreement that your relationship is done and you are only after the welfare of your kids.

Hope this helps.

My status is as follows:
A) Married but separated from my wife, no contact at all via any communication mean, so no cooperation in getting any of her document expected.
B) Marriage Annulment Petition has been filed in court, case ongoing, can take significant time due to regular court procedures. Copy of petition, case number, etc. available if required.
C) Passport issued much before marriage, and has no mention of spouse in it.
D) looking for applying in NOC 4011 - University professors and lecturers
E) Present Citizenship - Indian

Questions:

1) What would be my legal status - Married or Legally Separated - or can I select single as passport still not having nay mention of spouse?
2) If I have to mention myself as married, I have no document at all of my wife, nor it is possible to have her signatures for any of the purpose. Can attaching the annulment petition, if its required, would serve the purpose? (It is not possible at all to get expedite annulment/divorce in judicial system I am living in, so it would take time)
3) Couldn't I classify as Legally separated as annulment case is already filed in court?
4) Do I need to get any correction (addition of spouse) in my passport?

 

[Jessjazz]

Pls am in same situation

Hello Brother,

Welcome to the club. I was in the same situation as you are right now. I could share with you what I did. I am a PR now but thank God without my wife to drag my paperworks. I had attached a letter of explanation as a cover letter regarding my marital status. I had also attached an affidavit that the annulment is in process, mentioning the file numbers and attaching the stamped documents submitted by my lawyer to the regional court. Affidavit was done here in Canada. In the application forms, I had left blank the portion for a spouse but indicating I am previously married.

If you think your spouse will be incooperative in undergoing medicals or she will be a disadvantage for you here in Canada, you need not include her. But honestly, if you think your children deserves to be with their mother, you should include her in your application, just have an agreement that your relationship is done and you are only after the welfare of your

Hello Brother,

Welcome to the club. I was in the same situation as you are right now. I could share with you what I did. I am a PR now but thank God without my wife to drag my paperworks. I had attached a letter of explanation as a cover letter regarding my marital status. I had also attached an affidavit that the annulment is in process, mentioning the file numbers and attaching the stamped documents submitted by my lawyer to the regional court. Affidavit was done here in Canada. In the application forms, I had left blank the portion for a spouse but indicating I am previously married.

If you think your spouse will be incooperative in undergoing medicals or she will be a disadvantage for you here in Canada, you need not include her. But honestly, if you think your children deserves to be with their mother, you should include her in your application, just have an agreement that your relationship is done and you are only after the welfare of your kids.

Hope this helps.

Hello Brother,

Welcome to the club. I was in the same situation as you are right now. I could share with you what I did. I am a PR now but thank God without my wife to drag my paperworks. I had attached a letter of explanation as a cover letter regarding my marital status. I had also attached an affidavit that the annulment is in process, mentioning the file numbers and attaching the stamped documents submitted by my lawyer to the regional court. Affidavit was done here in Canada. In the application forms, I had left blank the portion for a spouse but indicating I am previously married.

If you think your spouse will be incooperative in undergoing medicals or she will be a disadvantage for you here in Canada, you need not include her. But honestly, if you think your children deserves to be with their mother, you should include her in your application, just have an agreement that your relationship is done and you are only after the welfare of your kids.

Hope this helps.