Divorce/Sponsorship/PR

[bram]

Hi

I need your help to identify what legal options (if any) do I have under below scenario:

I got married to my 10 years old boy friend in May 2014 in India. My husband is staying in Canada since 2010 and has got a PR. Based on my conversation with my husband, he has already applied for my PR and has sponsored me, I have also paid him for my PR. Now my husband wants to take divorce just after 5 months of legal marriage in India.

As a wife, what rights do I have in Canada? How can I find out if my husband even applied for my PR? How can I find out if my husband has even declared to Canada government that he is married to me? Can i still contact immigration office for visiting Canada?

Thank you in advance for your advice.

 

[turntopage47]

If you are divorced you will not come to Canada through your husband.
As soon as CIC knows the relationship has ended he will no longer be able to sponsor you

Legally you can find other ways to bring yourself to Canada without him sponsoring you.

If he decided this recently, you might want to wait a few days. 10 years is a long time and immigration is a stressful thing for couples.
Sometimes we say things we don't mean or change our mind.

 

[rhcohen2014]

i find it very hard to believe your husband was able to "apply for PR" for you on his own. there is an entire packet of forms that YOU, the applicant, must fill out and sign. i doubt your husband would be able to fill in ALL the questions without your input, as it relates to YOUR life history, not his, or obtain the proper documentation (birth certificate, medical exam receipt, police record in your name, etc). AND he can not sign the forms for you, or that would be fraud! My guess is he took your money for other reasons than immigration. IT sounds like he is scamming you, and perhaps it's best to let him move on. if you are really interested in coming to canada, then you will need to find another route for immigrating. unfortunately, if he wants a divorce, he has every right to do it. it may take a while, and if there is a divorce in process, once immigration finds out, your application will be either cancelled or rejected based on that fact alone. Unfortuntately, i don't believe have any rights in canada in regards to this.

 

[bram]

We are still not divorced and I am not sure if CIC knows if we even got married.

I understand what you mean but it seems to be final from his side and only reason I might want to come to Canada is to change his mind.

 

[rhcohen2014]

We are still not divorced and I am not sure if CIC knows if we even got married.

I understand what you mean but it seems to be final from his side and only reason I might want to come to Canada is to change his mind.

if cic doesn't even know you got married, then it's not possible that he's applied to sponsor you as a spouse. that is the whole point of spousal sponsorship, CIC must know you are married.

sorry to say, you really don't have many options here. if you want to come to canada you can apply for a visitor's visa, though i would assume it would be siginificantly difficult for you to be approved.

 

[bram]

i find it very hard to believe your husband was able to "apply for PR" for you on his own. there is an entire packet of forms that YOU, the applicant, must fill out and sign. i doubt your husband would be able to fill in ALL the questions without your input, as it relates to YOUR life history, not his, or obtain the proper documentation (birth certificate, medical exam receipt, police record in your name, etc). AND he can not sign the forms for you, or that would be fraud! My guess is he took your money for other reasons than immigration. IT sounds like he is scamming you, and perhaps it's best to let him move on. if you are really interested in coming to canada, then you will need to find another route for immigrating. unfortunately, if he wants a divorce, he has every right to do it. it may take a while, and if there is a divorce in process, once immigration finds out, your application will be either cancelled or rejected based on that fact alone. Unfortuntately, i don't believe have any rights in canada in regards to this.

There were a list of documents which I did sign and send him over to Canada. So I am certainly not accusing him of doing any fraud. All I am unsure about is that if he actually put my application to CIC and if so, is there a way I can find this out? He did indeed take the money for my immigration as I have proof of conversation.

Only reason I wanted to come to Canada is to stay with him but there is no particular immigration interest in this!

Is there any requirement to report to CIC if you did get married, irrespective if you are applying for PR or not?

 

[turntopage47]

CIC will know you are married if your husband sent in the forms.
If he didn't send anything, they don't need to know.
He would need to mention it for income tax purposes, but that's not through CIC

 

[scylla]

Even if you are still married, your husband has no legal responsibility to sponsor you. It's ultimately his decision if the application is submitted or not. And if the application is submitted, it's his legally right to cancel it.

Unfortunately there's really no way for you to find out the status of the file without a file number.