Marital Status - Married to Divorce Transition Phase

[shiv.immigrant]

Hi All,
I have submitted my express entry profile online. Since the applications under the Canadian experience class is getting picked up with a low score, I hope my application might get picked up soon. I am just getting prepared for the same.
Here is my situation. My wife stopped talking with me for around 2 years. I am in Canada and she's in the USA. After all the final talks, we've decided to go for a divorce, just that the petition has to be filed. She will NOT help me with my PR process like getting a medical certificate/police certificate etc for herself/my kid.
She will not come to Canada as my dependant. Most probably my application might get picked up in the next draw.
I may get only 60 days to submit the required documents and I am sure she will NOT provide me with the dependent documents like copy of passport all pages, medical certificates etc. is there a way I can avoid her dependency in the submitted application(/profile) or once I receive the ITA?
Please provide your valuable feedback.

 

[canuck_in_uk]

Hi All,
I have submitted my express entry profile online. Since the applications under the Canadian experience class is getting picked up with a low score, I hope my application might get picked up soon. I am just getting prepared for the same.
Here is my situation. My wife stopped talking with me for around 2 years. I am in Canada and she's in the USA. After all the final talks, we've decided to go for a divorce, just that the petition has to be filed. She will NOT help me with my PR process like getting a medical certificate/police certificate etc for herself/my kid.
She will not come to Canada as my dependant. Most probably my application might get picked up in the next draw.
I may get only 60 days to submit the required documents and I am sure she will NOT provide me with the dependent documents like copy of passport all pages, medical certificates etc. is there a way I can avoid her dependency in the submitted application(/profile) or once I receive the ITA?
Please provide your valuable feedback.

Your marital status is legally separated. Include an LOE and submit proof of filing for divorce once you have it.

 

[shiv.immigrant]

Thanks for your suggestion. I've received my ITA. My marital status is married. The only evidence I have with me with respect to my divorce is the power of attorney (given to my father to file my divorce in Indian court ) document that I've got signed on Jan 20th from a notary here in Canada. We've still NOT filed a divorce in an Indian court since it's a lockdown in India and courts are not operating full-fledged. My questions are

While accepting my ITA and applying for PR.

1) Since I only have POA from the attorney and not a filed divorce petition, While applying for PR, my marital status should be married / legally separated?
2) I have some WhatsApp/ email conversation where I've attempted to talk to her but she never replied. Can I submit these as evidence along with the Letter Of Explanation (LoE)?
3) Should I submit my marriage certificate or Power Of Attorney (POA) document or both?
4) I may not get my wife's and son's medical test/police clearance certificates, but I have a scanned copy of their first and last passport pages. Should I submit the same?

I would really appreciate if you could answer each of my questions.

 

[canuck_in_uk]

Thanks for your suggestion. I've received my ITA. My marital status is married. The only evidence I have with me with respect to my divorce is the power of attorney (given to my father to file my divorce in Indian court ) document that I've got signed on Jan 20th from a notary here in Canada. We've still NOT filed a divorce in an Indian court since it's a lockdown in India and courts are not operating full-fledged. My questions are

While accepting my ITA and applying for PR.

1) Since I only have POA from the attorney and not a filed divorce petition, While applying for PR, my marital status should be married / legally separated?
2) I have some WhatsApp/ email conversation where I've attempted to talk to her but she never replied. Can I submit these as evidence along with the Letter Of Explanation (LoE)?
3) Should I submit my marriage certificate or Power Of Attorney (POA) document or both?
4) I may not get my wife's and son's medical test/police clearance certificates, but I have a scanned copy of their first and last passport pages. Should I submit the same?

I would really appreciate if you could answer each of my questions.

1. Legally separated.

2. Sure.

3. Both.

4. You don't need your wife's documents. You do need to include your child, which includes having him do a medical.

 

[shiv.immigrant]

Thanks canuck_in_uk for your reply. It may not be possible for me to get the medical done for my child since my child is with my wife in the US and she may not help me in getting that done. is there a way to get rid of this? Please advise.

 

[canuck_in_uk]

Thanks canuck_in_uk for your reply. It may not be possible for me to get the medical done for my child since my child is with my wife in the US and she may not help me in getting that done. is there a way to get rid of this? Please advise.

If you don't get your child's medical done, he will be excluded from the Family Class, meaning you will never be able to sponsor him.

Given that there is likely no formal agreement giving her full custody and you seem to know where they are, you should be able to go get it done. If you want to try to have the child excluded, you need to show proof that you tried to get the medical done. You will also need to get a notarized declaration stating that you understand he will be excluded and could never be sponsored. IRCC doesn't like excluding dependent children, so it could delay your app.

 

[shiv.immigrant]

Thanks, @canuck_in_uk for your response. I have WhatsApp/ email evidence to show that I asked my wife for helping me with a medical certificate and police clearance certificate. Hope that would suffice. Also, is it mandatory to exclude my kid from this document? since I've tried all possible ways to try talking to my son over WhatsApp video call/ voice call. My wife never picked up. In fact, I reached out to Indian government officials and US government officials to treat this as International child abduction case and help me sort out this case. I have email proofs of all that. I can exclude my wife from the application, but is it mandatory to exclude my son since I have made sincere efforts to try talking to him and he is the only reason I came to Canada. Would it be possible for me to provide all this evidence and convince the officer to not exclude my son from family class and might apply for him at a later stage once I am able to reach him (once this COVID 19 situation is over)? I have his old passport scanned copy and his birth certificate. Please advise.

 

[canuck_in_uk]

Thanks, @canuck_in_uk for your response. I have WhatsApp/ email evidence to show that I asked my wife for helping me with a medical certificate and police clearance certificate. Hope that would suffice. Also, is it mandatory to exclude my kid from this document? since I've tried all possible ways to try talking to my son over WhatsApp video call/ voice call. My wife never picked up. In fact, I reached out to Indian government officials and US government officials to treat this as International child abduction case and help me sort out this case. I have email proofs of all that. I can exclude my wife from the application, but is it mandatory to exclude my son since I have made sincere efforts to try talking to him and he is the only reason I came to Canada. Would it be possible for me to provide all this evidence and convince the officer to not exclude my son from family class and might apply for him at a later stage once I am able to reach him (once this COVID 19 situation is over)? I have his old passport scanned copy and his birth certificate. Please advise.

The child can't be included without a medical being done.

 

[shiv.immigrant]

Hi mate I am also in a similar situation but both wife and kid are not gonna accompany with me.
I will file for a divorce and use that to avoid medicals and police check for wife. But for the kid I only met him once, wasnt there during birth and I am happy that he is with his mom. Both are not gonna be with me now or in the future.

What is the best way to avoid medicals and police check for the kid ?

Thanks in advance

What I got to know from forums and immigration consultant - You may need to give an explanation letter with all proofs of ur divorce, email/Whatsapp proof that your wife is non-cooperative and not helping you with your kid's medicals or her's.