Legally Separated Status: Pl advice Docs Needed

[viki.swami]

Hello,
I have a question about legal separation document. I hope that someone will be able to provide me a clear idea. In my application I have mentioned as legally separated since me and my ex wife have been separated for the past two year. The divorce proceedings have already been started about 6 to 8 months back. Already 4-5 hearings are over. I am expecting the divorce case will be over in a couple of months. I am going to check with my lawyer if she could provide me the divorce filing document and legally separated agreement. I'm not even sure even if such document is available here in India. I have few questions which I thought this would be the best place to ask.
1. Does any document showing that the divorce case has been filed is good enough? Because I’m not sure if a document called ‘divorce filing document or a legally separated agreement’ exists here in India
2. Apart from these two documents, is the affidavit mentioned here is mandatory to submit to CIC?
3. Since the affidavit asks for spouse’s passport number, I have my ex-wife’s passport number which was from 2 to 3 years back. I believe it is still the same but I am not 100% sure if there is any changes to this passport number in this past 2 years of our separation. It is impossible for me to contact them and ask for the most updated passport number. I’m pretty sure they wouldn’t cooperate or provide me one. Can I provide the affidavit with the passport number which I believe is still the same (but not 100% sure though)? Or is it even OK if I leave the passport number just blank without even entering one?
4. Will it be acceptable if I ask my lawyer to put the exact wording’s in the affidavit without using the wordings ‘spouse’s passport number’?
5. Does the CIC ask for any other documentation even after providing these legal separation agreement, divorce filing document and affidavit?

May I know if any of you guys who have provided these documents was successful in getting your PR? Sorry for too many questions, I’m quite anxious and curious regarding this.
Looking forward for reply regarding this from someone.
Any suggestion is much appreciated.
Thank you.

 

[Bukenzy]

Hello,
I have a question about legal separation document. I hope that someone will be able to provide me a clear idea. In my application I have mentioned as legally separated since me and my ex wife have been separated for the past two year. The divorce proceedings have already been started about 6 to 8 months back. Already 4-5 hearings are over. I am expecting the divorce case will be over in a couple of months. I am going to check with my lawyer if she could provide me the divorce filing document and legally separated agreement. I'm not even sure even if such document is available here in India. I have few questions which I thought this would be the best place to ask.
1. Does any document showing that the divorce case has been filed is good enough? Because I’m not sure if a document called ‘divorce filing document or a legally separated agreement’ exists here in India
2. Apart from these two documents, is the affidavit mentioned here is mandatory to submit to CIC?
3. Since the affidavit asks for spouse’s passport number, I have my ex-wife’s passport number which was from 2 to 3 years back. I believe it is still the same but I am not 100% sure if there is any changes to this passport number in this past 2 years of our separation. It is impossible for me to contact them and ask for the most updated passport number. I’m pretty sure they wouldn’t cooperate or provide me one. Can I provide the affidavit with the passport number which I believe is still the same (but not 100% sure though)? Or is it even OK if I leave the passport number just blank without even entering one?
4. Will it be acceptable if I ask my lawyer to put the exact wording’s in the affidavit without using the wordings ‘spouse’s passport number’?
5. Does the CIC ask for any other documentation even after providing these legal separation agreement, divorce filing document and affidavit?

May I know if any of you guys who have provided these documents was successful in getting your PR? Sorry for too many questions, I’m quite anxious and curious regarding this.
Looking forward for reply regarding this from someone.
Any suggestion is much appreciated.
Thank you.

Hiya,

I am sure the divorce proceedings doc should be enough and drafting a separation agreement may not necessarily be an option and you can do the affidavit without the passport details no point leaving gray areas(appeared to be misinterpreted) to include the Future sponsorship clause. If I were you, I would Submit the divorce documents n include LOE about my situation.

I submitted an affidavit and separation agreement when requested Additional Docs as suggested on this thread. and my my application have moved to medical review stage . So fingers crossed all should be fine with you.

Good luck

 

[jonnclk22]

Hello,
I have a question about legal separation document. I hope that someone will be able to provide me a clear idea. In my application I have mentioned as legally separated since me and my ex wife have been separated for the past two year. The divorce proceedings have already been started about 6 to 8 months back. Already 4-5 hearings are over. I am expecting the divorce case will be over in a couple of months. I am going to check with my lawyer if she could provide me the divorce filing document and legally separated agreement. I'm not even sure even if such document is available here in India. I have few questions which I thought this would be the best place to ask.
1. Does any document showing that the divorce case has been filed is good enough? Because I’m not sure if a document called ‘divorce filing document or a legally separated agreement’ exists here in India
2. Apart from these two documents, is the affidavit mentioned here is mandatory to submit to CIC?
3. Since the affidavit asks for spouse’s passport number, I have my ex-wife’s passport number which was from 2 to 3 years back. I believe it is still the same but I am not 100% sure if there is any changes to this passport number in this past 2 years of our separation. It is impossible for me to contact them and ask for the most updated passport number. I’m pretty sure they wouldn’t cooperate or provide me one. Can I provide the affidavit with the passport number which I believe is still the same (but not 100% sure though)? Or is it even OK if I leave the passport number just blank without even entering one?
4. Will it be acceptable if I ask my lawyer to put the exact wording’s in the affidavit without using the wordings ‘spouse’s passport number’?
5. Does the CIC ask for any other documentation even after providing these legal separation agreement, divorce filing document and affidavit?

May I know if any of you guys who have provided these documents was successful in getting your PR? Sorry for too many questions, I’m quite anxious and curious regarding this.
Looking forward for reply regarding this from someone.
Any suggestion is much appreciated.
Thank you.

1. Yeah, just provide the proof to the IRCC that you have a divorce case ongoing. Anything establishing that would be fine.
2. Nothing is mandatory. Anything that helps demonstrate that you two are indeed separated would help.
3. I created this affidavit own my own; I just wrote up a bunch of stuff on MS Word that I thought would satisfy the IRCC. Feel free to take out or add anything you like.
4. Yes, see #3.
5. They didn't ask me for anything else and I got my PR in 4 months. Apparently Bukenzy's case is progressing just fine as well.

 

[Bukenzy]

1. Yeah, just provide the proof to the IRCC that you have a divorce case ongoing. Anything establishing that would be fine.
2. Nothing is mandatory. Anything that helps demonstrate that you two are indeed separated would help.
3. I created this affidavit own my own; I just wrote up a bunch of stuff on MS Word that I thought would satisfy the IRCC. Feel free to take out or add anything you like.
4. Yes, see #3.
5. They didn't ask me for anything else and I got my PR in 4 months. Apparently Bukenzy's case is progressing just fine as well.

Hi, still on. It’s 2months now and I haven’t heard any updates from them. Hoping for a positive response tho. Congratulations on yours

 

[Albie89]

I just got a Request Letter today,

I already provided an Affidavit of Separation, but haven't filed for divorce yet.
Now CIC is asking for Divorce certificate/documents showing initiation of divorce, and given only one week to provide the same.
Please help me out as I am very worried and don't want to lose my chance.

My affidavit has already explained that since 1yr of living separately is not yet complete, i cannot file for divorce, still they have asked for documentation. Should I provide a letter of explanation instead? Please help.

I am in a similar situation. Please let me know what you did. I am also unable to file divorce as 1 yr s not completed

 

[canmool]

HI Sorry, I can't share my email. I am happy to answer any questions you may have on this forum. Just avoid names / sensitive details and it should be fine.

Having an affidavit of separation signed by your spouse in front of a public notary officer will be helpful.
If you already have a divorce case pending in the court, send CIC a copy of the divorce petition along with docket number. If you don't have a pending divorce case, and your spouse doesn't cooperate with you regarding a notarized affidavit, then you should have a notarized affidavit of your own and submit it to the CIC. This is what I used:

AFFIDAVIT OF SEPARATION:

I, ______________________________, date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ hereby certify that I am separated and estranged from my spouse (name of spouse)_______________________ date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ since _______________ (mm/dd/yyyy). I further certify that I do not intend to reconcile with my spouse.


I intend to take following legal action with regard to my marital status:

_________________________________________________________________________


I, __________________________________, further certify that my spouse (name of spouse)_______________________ does not wish to undergo medical examination and police clearance process for the purposes of immigrating to Canada. I understand that such a refusal will render my spouse ineligible to be sponsored for immigrating to Canada at any time in the future if reconciliation were to occur prior to any legal changes to my marital status cited above.

Under penalties of perjury, I certify the above representations to be true as of the date shown below.


__________________________________________ ______________________


Your name (Signature) Date



__________________________________________ ______________________

Signature Notary Public / Commissioner of Oaths Date

Hi When You provided this affidavit, Did you chose your marital status as married or separated?

Thank you

 

[deep143]

Hello everyone!
Requesting advice from you.
I have submitted my e-APR on 26th May and currently my status is IP1, medical passed. I couldn't submit my canadian citizen spouse's current passport because it wasn't possible as we are not in talking terms.

I submitted scan of his expired passport with LOE (explaining that I can't provide current passport as we aren't in touch anymore). I have also provided scan of his OCI card for proof of his relatives in Canada (as his parents name was mentioned on his OCI card).

I have mentioned in LOE that since we aren't legally separated or divorced, I have selected my marrital status as "married". I have also mentioned that I have tried all the possible ways to get in touch with him but he isn't responding. I have also mentioned that even though we aren't in touch, i am still hopeful that things might get back well.

We got married couple of years back and he had sponsered me through spouse PR visa previously which he withdrew later on. I mentioned it in my eAPR and in LOE. Now i have got same UCI number as my previous spouse visa file.

My question is -

1) will above docs and information suffice? What additional documents or information can they ask for?

2) for my above marrital situation, at what stage they Will make a decision and check/accept/reject/ask for additional doc? I called CIC last week and agent told me that my eligibility is met (not passed) and background checks, security, criminality are yet to start.
After passing what stage should i feel safe for above situation?

3) what additional documents or information can they ask for?

4)Any known one who was in similar situation and got PR. After passing what stage should i feel safe?

Sorry for too many questions but I'm very depressed. Please help. Thanks in advance.

 

[deep143]

Dear @jonnclk22,

Requesting advice from you.
I have submitted my e-APR on 26th May and currently my status is IP1, medical passed. I couldn't submit my canadian citizen spouse's current passport because it wasn't possible as we are not in talking terms.

I submitted scan of his expired passport with LOE (explaining that I can't provide current passport as we aren't in touch anymore). I have also provided scan of his OCI card for proof of his relatives in Canada (as his parents name was mentioned on his OCI card).

I have mentioned in LOE that since we aren't legally separated or divorced, I have selected my marrital status as "married". I have also mentioned that I have tried all the possible ways to get in touch with him but he isn't responding. I have also mentioned that even though we aren't in touch, i am still hopeful that things might get back well.

We got married couple of years back and he had sponsered me through spouse PR visa previously which he withdrew later on. I mentioned it in my eAPR and in LOE. Now i have got same UCI number as my previous spouse visa file.

My questions are-

1) will above docs and information suffice? What additional documents or information can they ask for?

2) for my above marrital situation, at what stage they Will make a decision and check/accept/reject/ask for additional doc? I called CIC last week and agent told me that my eligibility is met (not passed) and background checks, security, criminality are yet to start.
After passing what stage should i feel safe for above situation?

3) what additional documents or information can they ask for?

4)Any known one who was in similar situation and got PR. After passing what stage should i feel safe?

Sorry for too many questions but I'm very depressed. Please help. Thanks in advance.

1. Yeah, just provide the proof to the IRCC that you have a divorce case ongoing. Anything establishing that would be fine.
2. Nothing is mandatory. Anything that helps demonstrate that you two are indeed separated would help.
3. I created this affidavit own my own; I just wrote up a bunch of stuff on MS Word that I thought would satisfy the IRCC. Feel free to take out or add anything you like.
4. Yes, see #3.
5. They didn't ask me for anything else and I got my PR in 4 months. Apparently Bukenzy's case is progressing just fine as well.

 

[jonnclk22]

Hi When You provided this affidavit, Did you chose your marital status as married or separated?

Thank you

I indicated legally separated.

 

[jonnclk22]

I have also mentioned that even though we aren't in touch, i am still hopeful that things might get back well.

This is a problem. You shouldn't have said that. However, since he's already a Canadian citizen, he doesn't need to get any police certification or medical testing. So, CIC should be ok with his expired passport scan.

We got married couple of years back and he had sponsered me through spouse PR visa previously which he withdrew later on. I mentioned it in my eAPR and in LOE. Now i have got same UCI number as my previous spouse visa file.

Are you currently applying though Express entry?

In response to question 1 and 3: No one knows what else they might request. It's a slightly complex case than usual given your history of prior withdrawn of PR sponsorship, sharing the same UCI number and the fact you are still married - all of these things complicate the case. You'll just have to wait for CIC to ask for further documentation, if they need any.

In response to question 2 and 4: Nothing is "safe" until you get a PPR email.

 

[deep143]

I have mentioned about probability of we getting back together because i thought that way they wouldn't ask for divorce petition or separation agreement.

I got my GCMS notes few days back and it says that they have disaccociated my canadian dependent spouse from my express entry application.


Yes, I'm applying through express entry (FSW outland). In a way my previous spouse PR approval might help me. As my spouse is a canadian citizen so they won't have to issue a PR visa to him and he wouldn't have to go through PCC and medicals and all. only reason they are asking for his current passport, marriage certificate is to prove that I'm married to him.
In my spouse PR application, he had sponsered me and before he withdrew application his eligibility as an sponser was passed. So CIC checking my previous file might help me as it would support our relationship. What do you think about it?

This is a problem. You shouldn't have said that. However, since he's already a Canadian citizen, he doesn't need to get any police certification or medical testing. So, CIC should be ok with his expired passport scan.



Are you currently applying though Express entry?

In response to question 1 and 3: No one knows what else they might request. It's a slightly complex case than usual given your history of prior withdrawn of PR sponsorship, sharing the same UCI number and the fact you are still married - all of these things complicate the case. You'll just have to wait for CIC to ask for further documentation, if they need any.

In response to question 2 and 4: Nothing is "safe" until you get a PPR email.

 

[canmool]

I indicated legally separated.

Thanks for replying.. It did put me at ease

 

[Telelu]

Since you and your spouse haven't initiated any legal proceedings to formalize separation, it might be a little more tricky. If you can't afford to initiate a legal separation, your only realistic option is to send a subsequent letter to the CIC explaining your situation once again. Raise a CSE and call them as well.

However, if you are in the US, and if your state allows for a no-fault divorce, you should definitely look into a stipulated divorce. It doesn't cost much at all (Ours cost less than $300 paid for by my ex) and it was granted within 10 days after the date of filing. In that case, you can send your spouse paperwork for a stipulated divorce and send a copy of that to the CIC. That'll buy you time with the CIC. If both you and your spouse are in agreement w.r.t financial issues and if you don't have any kids, and if you are indeed in the US, your stipulated divorce should go through within 2 weeks depending on the jurisdiction.

Since you and your spouse haven't initiated any legal proceedings to formalize separation, it might be a little more tricky. If you can't afford to initiate a legal separation, your only realistic option is to send a subsequent letter to the CIC explaining your situation once again. Raise a CSE and call them as well.

However, if you are in the US, and if your state allows for a no-fault divorce, you should definitely look into a stipulated divorce. It doesn't cost much at all (Ours cost less than $300 paid for by my ex) and it was granted within 10 days after the date of filing. In that case, you can send your spouse paperwork for a stipulated divorce and send a copy of that to the CIC. That'll buy you time with the CIC. If both you and your spouse are in agreement w.r.t financial issues and if you don't have any kids, and if you are indeed in the US, your stipulated divorce should go through within 2 weeks depending on the jurisdiction.

Hi JONNCLK22,
thank you for sharing your experience.
I am currently in a similar situation and have been married for about a month but experienced some cruelity and unhuman treatment I didnt want to further degenerate.
I am in a 'no-fault state in the US, and would like a referral as to how to get a stipulated divorce, because of the economy of the cost you stated and the days of filing.

I would appreciate your feedback on this platform or via eail if you wont mind

 

[jonnclk22]

Hi JONNCLK22,
thank you for sharing your experience.
I am currently in a similar situation and have been married for about a month but experienced some cruelity and unhuman treatment I didnt want to further degenerate.
I am in a 'no-fault state in the US, and would like a referral as to how to get a stipulated divorce, because of the economy of the cost you stated and the days of filing.

I would appreciate your feedback on this platform or via eail if you wont mind

I am sorry that you are going through difficult times. However, a stipulated divorce is possible only and only if your spouse cooperates with filing and there are no disputes w.r.t financial settlement / division. In a no-fault state, a divorce is definitely granted whether or not the other party agrees or not. The only problem is if the other party doesn't cooperate w.r.t financial settlement. Then, they may decide to contest the conditions of the divorce, and in that case, you may be forced to get a lawyer. If you do not want any alimony or any material things from your spouse, and if your spouse doesn't want any financial / material settlement from you, it should be very easy and cheap.

 

[Bukenzy]

I have mentioned about probability of we getting back together because i thought that way they wouldn't ask for divorce petition or separation agreement.

I got my GCMS notes few days back and it says that they have disaccociated my canadian dependent spouse from my express entry application.


Yes, I'm applying through express entry (FSW outland). In a way my previous spouse PR approval might help me. As my spouse is a canadian citizen so they won't have to issue a PR visa to him and he wouldn't have to go through PCC and medicals and all. only reason they are asking for his current passport, marriage certificate is to prove that I'm married to him.
In my spouse PR application, he had sponsered me and before he withdrew application his eligibility as an sponser was passed. So CIC checking my previous file might help me as it would support our relationship. What do you think about it?

Hi,

how did you get an update on your file: what’s GCMS note? Is it applicable to application from outside Canada. It’s almost 3months andmy applicationis still on reviewing medical test.

Many Thanks