Confusion over Immigration Landing - Getting Divorce!! Please Advise!

[Devang T]

I am currently living here in Canada on Worker status and got COPR for me and my wife (currently in India and never came to Canada before) as dependent under AINP of Employer driven stream. We had planned to do landing together in December 2014 as our visa is expiring on January 2015 but unfotunately we have got problems and are on the verge to get divorce and she does not want to come to Canada anymore. My Question is, Would I have any kind of problem at the time of immigration landing since I will neither have marriage certificate nor divorce certificate (not filed yet). And do I have to inform CIC that we are planning for divorce and she will not accompany with me to Canada? or Should I wait for my PR card and then inform CIC. Her COPR will get cancelled anyway since the visa on her passport will be expired in January ?
I would appreacite your kind help and advise.
Thanks

 

[keesio]

If you know FOR SURE that you will separate/divorce, it is definitely best to update CIC before you land. And also when landing, the immigration officer will ask you if there has been an update in your family status and be sure to let him know also.

But before you contact CIC, MAKE SURE that it is OVER with your wife and you will not get back together.

 

[Devang T]

Would he ask for any documentation? because I would not have the marriage as well as divorce certificate or any kind of separation certificate.

 

[keesio]

Would he ask for any documentation? because I would not have the marriage as well as divorce certificate or any kind of separation certificate.

Just be honest. Say that it is not official yet but you are certain that it will happen and that she will NOT be accompanying you to Canada.

Again, make sure that you are getting a divorce and not just going through just a marriage fight.

 

[Devang T]

Thats true Buddy! It is not yet finalized.. I am going back to patch up some things again to normal! Hope everything goes right..

 

[keesio]

Thats true Buddy! It is not yet finalized.. I am going back to patch up some things again to normal! Hope everything goes right..

Good luck!!

 

[Leon]

If you are not certain that you are headed for divorce, it would be better not to say anything. If you patch things up, your wife can still land. If her visa expires and you patch things up, you can sponsor her.

 

[Devang T]

Thanks Leon for your kind reply!

 

[keesio]

Hello Keesio,
In my last post I have said that I will go back and try to patch the things up. But it was entirely different picture there. I tried to call them many times but they did not responded at all. Finally after 10-12 days we went to their home and she placed a demand that she will give me divorce after coming to Canada. I was literally shocked and found out that she is doing fraud with me. During my stay there I tried everything to patch up but didn't succeeded and went back to Canada.

I informed CIC after coming through email and letter that there is a fraud committed on their side that she wants to give me divorce after coming to Canada and requested to cancel her visa and COPR but didn't got reply. I was waiting for their reply but to my shock I got call from Toronto Airport Immigration Officer two days back that my wife has landed here and wanted to ask me what I wanted. I told them that I have already informed CIC to cancel her visa and do not let her enter in Canada because her intentions are not good. But Officer was like she is "dependent" and not sponsored, we had the same application and I have added her as a dependent so she has every right to enter with valid visa.

I was literally shocked and explained them how I was cheated and they told me they will call me back if they want any clarification,, I think they were interrogating there at the airport. After that till today I did not got any call from their side nor my wife called me. I don't know what happened. Did they deported her back or allowed her to enter in Canada. I asked here to many contacts and said that since she is "dependent" and not sponsored Immigration might have given her entry with Inquiry set up.

Buddy, I am not sure what to do now. I don't know where she is, but should have strong back up to stay somewhere. In the event of Divorce what are the pros and cons? Can you please advise if you have ever seen this type of case before?

Thanks and waiting for your reply

I'm really confused now. I thought she was a dependent on your application and you had COPR. I would assume she needs to do the landing with you. Are you saying she somehow landed before you?

 

[keesio]

Actually I crossed the border and done my immigration well in advance in Oct, 2014 by road and then went to India in Nov. I made this move to be on safe side if she does some legal action there then it was threat to my Immigration.

I went there to sort all the things but they were having something else in their mind. I had her COPR and that is why she was asking the same and told me to give divorce after coming to Canada. I figured out her intentions and came back without her, cancelled her tickets then. Yes she was a dependent on my application.

Ok. I'm not sure what exactly happened here. But if you had her COPR, it sounds like she pulled a fast one on you and used your indecision to delay you while she went and landed on her own. Probably showed up at immigration and said that she lost her COPR but her husband already landed with me as his dependent and they were nice and printed a new one for her and let her land? Hopefully someone more knowledgeable can comment. But I think your early landing opened the door for her since you are the primary applicant and she was the dependent. Sorry man.

 

[Leon]

Since she is a dependent on your application and not sponsored, you are not responsible for her welfare. However, if you divorce in Canada, your divorce will be handled under Canadian law which means she has the right to ask for spousal support.

In order to get divorced in Canada, one of you must have been living in Canada for at least 1 year. If neither of you has been living here for 1 year, you can initiate a divorce in your home country where it will be handled under your home country law.

 

[SinghLovCan]

Thanks for your Guidance buddy!
I am ok with it if she wants to live here separately. But what I am concerned about is what she can do to get her rights from me? Can she ask for spousal support or if I am filing a divorce against her what will happen to the welfare case? Does that comes to me to pay all her welfare?

Just goes out to show that love is not forever, once one gets PR love gets thrown out of the window. LOL.

 

[keesio]

I was waiting for their reply but to my shock I got call from Toronto Airport Immigration Officer two days back that my wife has landed here and wanted to ask me what I wanted. I told them that I have already informed CIC to cancel her visa and do not let her enter in Canada because her intentions are not good. But Officer was like she is "dependent" and not sponsored, we had the same application and I have added her as a dependent so she has every right to enter with valid visa.

Devang - btw you need to confirm this by calling CIC yourself. You need to confirm that whoever called you is indeed an immigration officer (did he give his name and ID number?) and that your wife has indeed officially landed. Basically confirm the whole story. Something really sounds weird to me.

 

[keesio]

Yes Keesio,
It sounds weird to me too. They haven't given any name or id. But I confirmed the number by calling back and it was Toronto Immigration. I called yesterday CIC customer service to ask the status of her landing and showed the concern that I would like to know where she is? He told me he see no update about landing and confirmed there is no landing done and PR is not granted yet! It seems dubious to me that if she had landed to Immigration why there is nothing in CIC update. May be Immigration Officer did not wanted to update that info! Or it is taking time to update the system?
He told me I can call them back if I have their number and can ask what is the status.

It is more strange now. Something is not adding up. The CIC call centre may not have much visibility but one thing they do have access to is current status. I am very skeptical right now. I think you should be too.