Wife Arrived in Canada 13 of September ( Divorced proccedings)

[RichardDugan]

Can i dovorce my wife in Canada..She just arrived her 13th the  September  2009 ..  we didnt live together..she lives in diffrent city. She works now as a live in caregiver . thats her choice..she marry me for convenience..

Is my divorced approve right away if I will apply ..its B.C. Law.

When she arrived  her in Canada.She never phone me after 4 days,,I was shocked i though she never come to canada and give me  burden responsibility as we agreed.

She got 2 kids boys..  she needs help ... I dont need responsibility anymore ..I am too old for that.. And she is only 32 years old..  and  I am 63 years..I need to be happy in life..

Please reply my question..about  Divorcing her....

[rorita_76]

Even if you divorce her, you are suppose to support her for 3 years, it is the deal you made with CIC, I don't know about the kids. and if she goes on welfare, you have to pay all the money she used...did you know from the begining that she is using you to get the PR?

[whoopi83]

Richard -

Firstly, it may be helpful to consult a family or divorce lawyer.  Here is some basic info:

In Canada there is only one ground for divorce: Breakdown of the marriage.

Paragraph 8 (2) of the Divorce Act states that "Breakdown of the marriage" is established only if:

(1) the spouses have lived separate and apart for at least one year immediately preceding the determination of the divorce proceeding and were living separate and apart at the commencement of the proceeding; or

(2) the spouse against whom the divorce proceeding is brought has, since the celebration of the marriage:

(a) committed adultery, or

(b) treated the other spouse with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation of the spouses.

The most common way to establish a breakdown of the marriage is to prove that the spouses have lived apart (have been separated) for at least one year immediately before the divorce judgment is granted and were living separate and apart at the time the proceedings began. That is, if you are using one year of separation to establish the breakdown of the marriage you can't begin the proceeding until after the spouses are already separated and can't finalize it until at least one full year of separation.

In plain english: You can file your divorce application with the court office on the date that you and your spouse separate. You don't have to wait for a year of separation to get the divorce proceedings started !

Sometimes one of the parties wants to get the divorce without waiting the year from date of separation. This can be done if adultery or cruelty can be established. Usually raising one of these to show a breakdown of the marriage will cause more upset and aggravation than it is worth. If the other side simply decides to deny the allegation you may have converted an uncontested divorce into a contested one and it likely won't be finalized within the year anyway. Almost all divorces begun nowadays show breakdown by one year separation.

You need to be aware that it may be possible to establish facts for annulment:

Annulment is the proceeding you take to end an invalid marriage. For example, a marriage might be invalid if one spouse was already married when he or she married the other, or if the husband or wife was under the age of 16. Sometimes, the financial consequences are different if the marriage is ended by annulment rather than by divorce.

If you were married outside of Canada, you should know that the question of whether a marriage is valid is determined by the laws of the place where the marriage occurred. So if the marriage was valid in your country, it will generally be considered valid in BC too. To get a legal annulment, you have to go to court, but you'll need a lawyer to help you.

Some religions also grant an annulment. These annulments are valid within that religion but are not legally binding. Speak to your religious advisor or leader about this.

Now I'm no expert but, if you divorce, you are liable for her basic needs - food and shelter etc for three years as per your agreement when you signed the sponsorship forms.  If she claims social asstance within that three years, you will be required to pay it back.

My understanding - and I stress the importance of consulting a qualified BC lawyer - is that if you have grounds for annulment as the marriage was in some way fraudulent, CIC may have grounds to deport/revoke PR if she was admitted to Canada based on a fraudulent misrepresentation.  Again, please talk with a BC licenced professional to get the exact information and consider your options.

[RichardDugan]

rorita,whoopi,

A millions of thanks for reply from my  letter.. now its very clear to me ..i have to talk to my lawyer soon.
I need to get done this quickly as soon as the lawyer start serving  the Divorce to her...

Does she needs to sign the Document when they serve it?

What about if she doesnt sign?

You guys are very helpful to me...

I really, really regret this  mariages happen...

I though i just go visit there in Phil. to see her.

But she set up already the reception, judge, wedding gown and we call barong tagalog..

I was really shocked....then after the solemnized the marriages , " i said to her Please do not registe this marriage paper, pls. pls.

She'd promised me not to...but one week later.. i recieved the marriages contract from NSO authenticated thru scan email.

Honestly i dont know what to do to her...she is absolutely scammer.. (whatever).

Thanks again guys...have a nice day..take care

[rjessome]

Did you sponsor her or not?  You said she is here as a live-in caregiver.  If she came under the live-in caregiver program you did not sponsor her to become a PR of Canada and you have no immigration support responsibilities.

[PMM]

Hi

Did you sponsor her or not?  You said she is here as a live-in caregiver.  If she came under the live-in caregiver program you did not sponsor her to become a PR of Canada and you have no immigration support responsibilities.

Actually the OP is responsible for the kids for 10  years or until they turn 25 whichever comes first.  He really should be contacting Immigration as it would appear that there is misrepresentation by the wife.   CBSA has been going after spouses who are sponsored and don't live with the sponsor or disappear shortly after arriving in Canada.

PMM

[ariell]

Richard,

You had concerns about your wife before she even came here and were asking how to prevent her from immigrating. http://www.canadavisa.com/canada-immigration-discussion-board/contact-in-manila-t23575.0.html;msg126554#msg126554

Whatever became of that? Hopefully you kept track of who you spoke to and any faxes or correspondence that you sent as that could add weight to your case if this is in fact a case of misrepresentation.

[whoopi83]

Richard - after reading your previous post it is clear you need to talk to someone professional.

I suggest you contact CBSA and as PMM stated earlier, they are keen to discover the spouses who "disappear".

Phone 1-888-502-9060. This is the phone number for the Canadian Border Services Agency. The office is located in Ottawa. It is open 24 hours a day, 7 days a week. It is the main federal agency that enforces Canada's Immigration Act

You will hear a voice message system. Press "1" for service in English. You will hear another voice message which will give you a number of choices. If you press "1", you will get to speak to an agent. Please tell the agent what you want to report. If you prefer to leave a voice message, press "3". If you want to FAX information to CBSA, use the following number : 1-613-948-4848.

Give the agent as much specific information as possible. All information you give will be held confidential. According to the CBSA, the following are minimum requirements in the information you should give them: (a) the complete name(s) of the person or people committing the fraud; (b) the age or date of birth of the person. Please try to provide other important information such as the country of birth, home address, work location, etc.

When you speak to the CBSA, tell the agent the kind of fraud you believe has been committed i.e Foreign spouse deserting (soon after they get here) their Canadian spouses.

It is extremely important that you ask for a Log or Case Number. If you get more information and need to call again, you will need to give this number to the person you speak to. Getting a Log or case number will avoid the problem of repeating your information.

Here is the Canadian Border Services Agency web site address: www.cbsa-asfc.gc.ca

The Canadian Border Services Agency will begin an investigation. The length of an investigation varies.

Good luck.  If this is a genuine fraud on your wife's part, please do not hope it will go away.  You do need to do something.

For further help and support, please see this page:  www.canadiansagainstimmigrationfraud.com

[rjessome]

Hi

Did you sponsor her or not?  You said she is here as a live-in caregiver.  If she came under the live-in caregiver program you did not sponsor her to become a PR of Canada and you have no immigration support responsibilities.

Actually the OP is responsible for the kids for 10  years or until they turn 25 whichever comes first.  He really should be contacting Immigration as it would appear that there is misrepresentation by the wife.   CBSA has been going after spouses who are sponsored and don't live with the sponsor or disappear shortly after arriving in Canada.

PMM

Doesn't that only apply IF he sponsored her?  That was my question.  If he did NOT sponsor her and she came to Canada under a different program (LIC) how can he be responsible for her as no undertaking would have been signed.

[PMM]

Hi

Hi

Did you sponsor her or not?  You said she is here as a live-in caregiver.  If she came under the live-in caregiver program you did not sponsor her to become a PR of Canada and you have no immigration support responsibilities.

Actually the OP is responsible for the kids for 10  years or until they turn 25 whichever comes first.  He really should be contacting Immigration as it would appear that there is misrepresentation by the wife.   CBSA has been going after spouses who are sponsored and don't live with the sponsor or disappear shortly after arriving in Canada.

PMM

Doesn't that only apply IF he sponsored her?  That was my question.  If he did NOT sponsor her and she came to Canada under a different program (LIC) how can he be responsible for her as no undertaking would have been signed.

His post of August 11th said that he sponsored her.  At the same time he was told how to cancel the sponsorship, but I guess he didn't follow the advice and is now on the hook.
Should be interesting if she goes for child support.

PMM

[rjessome]

Ah!  I didn't read his older posts and wasn't sure he sponsored her.  Thought she might have come on her own through LIC.  Now I see.  It would be EXTREMELY interesting if she goes for child support.  However, could be a good case for misrep as you suggested.  "Lainie" is making quite a name for herself bringing this issue to the forefront in her own "unique" way.  It's working though.  Lots of media attention on her and this type of thing.

[Suin]

I just don't understand one thing, if he was not sure that their marriage was genuine, why he signed the sponsorship? something is not clear here.

[toby]

What can Immigration do if they become convinced that the marriage was a sham to get a visa?  In this case the woman apparently feigned love, got married legally, and now has a PR. Immigration wojudl have to have serious proof that her intention was visa-related only, and not tinged with affection. How on earth to prove that?

[PMM]

Hi

What can Immigration do if they become convinced that the marriage was a sham to get a visa?  In this case the woman apparently feigned love, got married legally, and now has a PR. Immigration wojudl have to have serious proof that her intention was visa-related only, and not tinged with affection. How on earth to prove that?

Go to the IAD and search misrepresentation, you should find some similar case as the OPs.  http://www.canlii.org/en/ca/irb/index.html

PMM

[rjessome]

PMM is right.  There are LOTS of cases about misrep.

Keep in mind that the legal test in immigration is NOT like criminal law.  There is no "beyond a reasonable doubt" standard of proof.  It's actually "reasonable grounds to believe".  It's a lower standard of proof that would be required to be met and allows for more subjectivity.

If she was found to have misrepresented she would no longer be considered a member of the family class and PR would be revoked for her and the children.  She would be given a exclusion order for 2 years and would have to leave Canada.  Misrepresentation can also result in criminal charges.  However, she would have the right of appeal.