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vforgac

Newbie
Dec 18, 2010
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0
I married a woman from Slovakia four years ago ONLY because I got her pregnant. I even checked with Immigration prior to getting married to see if there was any other way for her to stay in the country (her mother and sister are both here but didn't qualify to sponsor her), and they said NO. They said I had to marry her to keep her here. So, after bailing the night before the marriage the first time, I actually went ahead and married her six weeks later letting her know that I was only doing so to keep my soon-to-be born daughter in the country. At the time, I didn't even want a child. Anyway, I now LOVE my daughter to death but want to divorce my wife who has since received Permanent Resident Status. But I want to annul the marriage because it was nothing more than a marriage of convenience. And while she knowingly broke the law to stay in the country, she now wants to use the full extent of the law to get full support from me - something I was afraid of but was assured by my mother-in-law that it would never happen. My mother-in-law has since turned on me like a mad dog and is now fully behind her daughter taking full custody and full financial support. I, on the other hand, just want to report this as the unlawful marriage of convenience that it was and take my lumps from Immigration - despite the fact that THEY told me there was no other way to keep her here. And I want this marriage annulled. Is this possible and what consequences will we face? That's my question....
 

Leon

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Jun 13, 2008
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You will not face any consequences for entering a marriage of convenience. If she is found to have entered into a marriage of convenience to get her PR, she may lose it and be deported. As for who will get custody of your daughter, it is possible that the mother will get it and will take her with her to her home country.

However, if you married this woman and after that lived with her as a husband and wife for some years before your divorce, they will probably not believe that it was a marriage of convenience and will see you as a bitter ex who is trying everything to get his ex wife in trouble and to avoid paying support.
 

Oil Sand Guy

Star Member
Nov 6, 2010
67
17
vforgac said:
I married a woman from Slovakia four years ago ONLY because I got her pregnant. I even checked with Immigration prior to getting married to see if there was any other way for her to stay in the country (her mother and sister are both here but didn't qualify to sponsor her), and they said NO. They said I had to marry her to keep her here. So, after bailing the night before the marriage the first time, I actually went ahead and married her six weeks later letting her know that I was only doing so to keep my soon-to-be born daughter in the country. At the time, I didn't even want a child. Anyway, I now LOVE my daughter to death but want to divorce my wife who has since received Permanent Resident Status. But I want to annul the marriage because it was nothing more than a marriage of convenience. And while she knowingly broke the law to stay in the country, she now wants to use the full extent of the law to get full support from me - something I was afraid of but was assured by my mother-in-law that it would never happen. My mother-in-law has since turned on me like a mad dog and is now fully behind her daughter taking full custody and full financial support. I, on the other hand, just want to report this as the unlawful marriage of convenience that it was and take my lumps from Immigration - despite the fact that THEY told me there was no other way to keep her here. And I want this marriage annulled. Is this possible and what consequences will we face? That's my question....
You can read through this post to the end:

http://www.canadavisa.com/canada-immigration-discussion-board/probationary-period-for-family-class-may-be-as-soon-as-2011-t59856.0.html

or search for Linda B......Hmmm Linda B
 

vforgac

Newbie
Dec 18, 2010
8
0
I'm not trying to get out of paying child support. Wouldn't dream of it. I love my daughter and will gladly pay much more than she needs or is required. I just don't want to pay spousal support to to someone who is spitefully out to use me to pay her way. I mean it's been more than four years and very little effort to learn English and no effort to find a job. Oddly enough, her own mother is doing the same thing to a man. I should've heard the warning bells.
 

Leon

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Jun 13, 2008
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Unfortunately, when you divorce in Canada, it is often upon the man to pay the way of the woman. I have heard some crazy stories from co-workers. Sometimes a man will take a lower paid job because the excess money he makes after a certain amount is all going to alimony for his ex wife. I even had a co-worker whose ex wife was still taking alimony from him even though she had found another man who was rich and whom she had moved in with.
 

kelKel

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Apr 8, 2010
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Vforgac I think you may have to suck this one up. Too much time has passed to do anything about the marriage at this point. There is no way you could prove it was a marriage of convienence. My ex is in the same situation in Europe. His girlfriend got pregnant on purpose, most likely hoping to come to Canada. He broke up with her mid pregnancy and now on top of the child support (which he gladly pays) he has to support her as well. He makes quite alot of money and it kills him financially. She just got out of school and is all set up. He has to do it or they will take it from his wages.
 

vforgac

Newbie
Dec 18, 2010
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I probably will have to suck it up as I don't have much faith in our justice system. As a former journalist and current producer of a conservative right-wing newscast, I am inclined to do whatever I can to draw attention to this matter. I only got into this situation because I thought perhaps I may fall in love with my one and only child (which I did) and because I was re-assured that mother-in-law would look after them once we split. I did not take the sponsorship lightly and was scared to death of this very outcome. Does anyone know a good lawyer who specifically deals with women using men to get their PR status? I've been to one recently whom I paid $250 only to be told I'm screwed.
 

kelKel

Champion Member
Apr 8, 2010
1,296
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Canada
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
06-10-2010
AOR Received.
17-11-2010
File Transfer...
04-11-2010
Interview........
Waived
Passport Req..
28-02-2011
LANDED..........
03-03-2011
The only issue I would be concerned about in bringing light to this situation is that it appears you married this woman only to keep her in the country so you could a relationship with our daughter. You mentioned you were reassured by your mother in law that she would care for them when you split. Did you marry her although the relationship had broken down and in turn sponsor although you knew you would divorce? It may look like she used you to stay in Canada (getting pregnant, married) but also that you married as well solely for immigration purposes and to be able to be with your daughter.
 

vforgac

Newbie
Dec 18, 2010
8
0
I totally married her for the sole purpose of keeping my daughter here - at which time I wasn't even sure I wanted a child. I even sat her down the night before and told her why we were marrying. This was after several phone calls to immigration to find an alternative to marriage. Ironically, the fellow I spoke to reluctantly told me that marrying was the ONLY way to keep her here. One would think that with a mother and sister here in Canada, one of them should have been able to sponsor her. But thanks to our fluidic immigration laws, this was not the case. I was even looking for advice here on this very forum.
 

Leon

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Jun 13, 2008
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You could have qualified as a common law couple if you had lived together for a year but even as a common law couple, I think she has almost all the same rights as a wife if you divorce. Did you sponsor her children as well? If you did, you are on the hook for 10 years from the time they got their PR status or until they turn 25 whichever happens sooner. That is if she goes and gets welfare because of her kids expenses, you will have to pay back every cent she gets in the name of her kids.

It is true though that her mother and sister would not have been able to sponsor her. It is only recently that residents of certain provinces can sponsor their adult siblings and adult children through the provincial nominee programs.
 

vforgac

Newbie
Dec 18, 2010
8
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She was here on a visitor's visa which would have expired six months into the pregnancy so the common law thing wasn't an option. And yes, I sponsored the children too, one of whom is already fending for herself and doing just fine. I have no problem being responsible for the children despite their own father being a deadbeat dad - but that's another story. I wouldn't even have a problem helping my wife out after a normal, lawful divorce, if she wasn't deliberately and spitefully set on going for as much spousal support as she can without even attempting to work. And for the record...she was a teacher by profession.
 

Leon

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Maybe you should forget about the PR thing, after all, you did go along with it yourself, and just get the meanest divorce lawyer you can find who will go after her for her unwillingness to study English and find a job.

Still, the courts are gender biased and she may say that her daughter needs her at home and that you can afford it and you never made any comments about it in the last 4 years.

Have you phoned immigration to ask a general question about what happens with a fraudulent marriage from that many years ago? They may just see you as a vindictive spouse but you can ask. Still, you may be prepared if she gets deported that she takes your daughter along with her and you will never see her again.