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Author Topic: what happens if...  (Read 359 times)
AmandaB
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Posts: 23
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« on: July 15, 2011, 05:42:39 pm »

What happens if we can't make things work anymore.  We are not yet at first stage approval (still waiting on them to open the envelope), and it looks like our marriage is over.  How does it work with immigration if he wants to leave and go home (he is still waiting for the paper for his visa extension)?  Also, how does divorce work, if we got married overseas?  I really need some advice here.
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CharlieD10
VIP Member
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Posts: 4657
Ratings: +130
Category........: FAM
Visa Office......: KGN
App. Filed.......: 15-02-2011
File Transfer...: 09-05-2011
Med's Done....: 17-01-2011, 08-03-2012
Interview........: Waived
Passport Req..: 30-3-2012
VISA ISSUED...: 13-04-2012
LANDED..........: ?

« Reply #1 on: July 15, 2011, 06:43:00 pm »

The divorce part is a legal matter, and I don't know how that works in Canada, honestly, so I can't say.

The immigration part, you can withdraw your application at any point before the person lands.  If you applied Inland, as your post might suggest, then you need to contact CPC-V and have it noted in writing that you are withdrawing the application.  If he does not wish to remain in Canada until the visa extension is processed, I would think all he needs to do is leave.  Again, you should be able to halt the proceeding by having it noted in writing that you don't wish to continue with processing of the extension.  Someone with more experience on the process should be able to say whether this is actually how it's done.
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http://tinyurl.com/Kingston-Jamaica

Spreadsheet for KG applications status since 2008.
rjessome
VIP Member
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Posts: 4083
Ratings: +180

« Reply #2 on: July 15, 2011, 07:00:01 pm »

LOL!  Charlie, they are BOTH legal matters!

Sorry to hear about your marriage breakdown.  You can divorce in Canada as long as one of the parties to the divorce is a legal resident of Canada for one year prior to the divorce proceedings being started.

Here are the instructions about withdrawing sponsorship.

http://www.cic.gc.ca/english/information/faq/immigrate/sponsor/spouse-faq10.asp
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CharlieD10
VIP Member
*******

Posts: 4657
Ratings: +130
Category........: FAM
Visa Office......: KGN
App. Filed.......: 15-02-2011
File Transfer...: 09-05-2011
Med's Done....: 17-01-2011, 08-03-2012
Interview........: Waived
Passport Req..: 30-3-2012
VISA ISSUED...: 13-04-2012
LANDED..........: ?

« Reply #3 on: July 15, 2011, 07:01:38 pm »

Haha, so true...but I am not going into family law, just possibly immigration law. Wink
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http://tinyurl.com/Kingston-Jamaica

Spreadsheet for KG applications status since 2008.
AmandaB
Full Member
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Posts: 23
Ratings: +0

« Reply #4 on: July 16, 2011, 09:31:18 pm »

Thanks for the answers...
Does it matter that we haven't got the paper saying he was granted an extension?  His visa ran out in June, and we did apply a month early, but still haven't heard anything (just his tourist visa).  Will that all be in the computer?  The last thing he needs when he leaves is to get in trouble with immigration for overstaying.  Sad
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