Grounds for Divorce when I'm in US due to Employment and Wife in Canada

[robyaqua]

Hi Member,

Need advice and help.
My wife is in Canada (Vancouver BC) since 2010 and I became Permanent Resident in Feb 2013 (Application Date is April 2012, File Approval Date is July 2012, Visa issue date Aug 2012). She sponsored me in to Canada after our marriage in Jan 2012. Prior to our marriage I had filed for PR under FSW category in Oct 2010 and which got rejected after our marriage in June 2012.
In March 2013 my employer (Indian Company) deputed me in US and after my request they transferred me to Toronto in August 2013.
Since start of our marriage i.e., Aug 2011 (Court marriage) there were problems, and since I became PR the problems have become bigger and bigger. My wife telling me that I should support her parents in India and if I’m ready to do the entire house holds expenses in Canada. She would not contribute even a single penny in the household from her income. When I said that we both should be contributing equally to the household expenses then she said she doesn't want to live with me. When called her father he abused me and told me that you guys can't live together. I was mentally disturbed and shocked; due to that I resigned and came back to US for employment.
She took offense that I spoke to her father and uncle to resolve the situation when I was in Canada. She never considered my good intent I was having in doing so. She started contacting my relatives, friends and employer. For last 3 weeks, she stopped and blocked all communication channels with me and not even responding to my phone calls, emails, messages and blocked me from Facebook friends list, Skype, Google chat etc. I sent her an email asking her to provide details of her father and mother to fill the forms and process her visa so that she can stay with me in the US. But she never responded.
She is asking for divorce. Just want to know on what grounds she can ask for divorce? Second, how I can show that I made 2 attempts to live her even I took a pay cut to move to Canada and be with her. I put my career on stake for her. When I first landed in Vancouver she was abusive, and ill-treated me, never introduced me to any of her relatives, friends who live in nearby cities in Canada and also she asked me to leave the house. It was clear from her reactions that she was not happy seeing me in Canada. She never came to receive me at the airport even.
Am I wrong in asking that we both should be responsible towards our household and we both should be contributing towards the household expenses? Does my coming to US count as abandonment? In case we get divorced, then what would be the impact on my PR status?
Please if anyone of you can suggest a good lawyer that would be helpful.
Thanks,
Roby

 

[scylla]

She is asking for divorce. Just want to know on what grounds she can ask for divorce? Second, how I can show that I made 2 attempts to live her even I took a pay cut to move to Canada and be with her. I put my career on stake for her. When I first landed in Vancouver she was abusive, and ill-treated me, never introduced me to any of her relatives, friends who live in nearby cities in Canada and also she asked me to leave the house. It was clear from her reactions that she was not happy seeing me in Canada. She never came to receive me at the airport even.
Am I wrong in asking that we both should be responsible towards our household and we both should be contributing towards the household expenses? Does my coming to US count as abandonment? In case we get divorced, then what would be the impact on my PR status?

Your first question is a family law question (not an immigration question) and I would recommend you consult with a reputable family law lawyer (not immigratin attorney).

If you get divorced, your PR status in Canada will not be impacted. However to keep your PR status in Canada, you must live in Canada for at least two out of every five rolling years.

 

[robyaqua]

Thanks for all your help.

Can you suggest and let me know what can be the grounds for a divorce in such a case. We lived together for around 40 days around. She never allowed to have any affection, love, emotional or physical intimacy. The only thing she asked me for is money, money and money. She used say that she needs to domesticate me. She treated me with utmost disrespect. She made attempts and to check my emails and phones, her father told me not to talk to any relatives with the assumption that I should not talk to even my mother (who was trying to re-coupe from loss of her father).

She always asked about financial intimacy. According to her "A husband is respectable only if he gives all his money to his wife". According to her relatives "Wife has prosperity in their hands".

I don't want to get divorced but at the same time I don't want to get treat in this disrespectful manner. I can live with her as long as she agrees to play her part in this relationship i.e., Emotional, Physical and Financial responsibilities.

Please advice what are my options.

Thanks

Roby

 

[scylla]

Sorry, I'm not a family law attorney and can't provide any advice regarding what is or isn't reasonable grounds for divorce. Again, I would speak with a qualified lawyer specializing in family law.

 

[zenn]

Your wife cannot revoke your PR but if you do want to keep it, you need to stay in Canada for 2 out of every 5 years which means at some point in the future you will have to return to Canada.

Regarding the rest, you would have to consult some one who is more familiar wiz family law.

 

[zardoz]

Thanks for all your help.

Can you suggest and let me know what can be the grounds for a divorce in such a case. We lived together for around 40 days around. She never allowed to have any affection, love, emotional or physical intimacy. The only thing she asked me for is money, money and money. She used say that she needs to domesticate me. She treated me with utmost disrespect. She made attempts and to check my emails and phones, her father told me not to talk to any relatives with the assumption that I should not talk to even my mother (who was trying to re-coupe from loss of her father).

She always asked about financial intimacy. According to her "A husband is respectable only if he gives all his money to his wife". According to her relatives "Wife has prosperity in their hands".

I don't want to get divorced but at the same time I don't want to get treat in this disrespectful manner. I can live with her as long as she agrees to play her part in this relationship i.e., Emotional, Physical and Financial responsibilities.

Please advice what are my options.

Thanks

Roby

In your position, I would run away, very far and very fast. What you describe is not a wife. It's a leech. (Those are the little creatures that stick to you, bleed you until they are bloated and drop off to wait for the next victim.)

 

[Leon]

I would not agree to pay for everything either. Marriage is about sharing and if she works, she can pay her share. It is not fair for one party, whether it is the husband or the wife to keep all their income while the other is supposed to pay all the expenses.

As far as I know, she does not need a reason to divorce you. You are not living with her so I suppose she could say that you are already separated. After a year of separation, she can get a divorce. I have no idea what kind of processing time is involved. If she is filing for divorce, I suggest you get a lawyer to look after your own interests.

Even if you wanted to, you can't fight the divorce if she wants it and I don't think you should even try. This woman obviously does not want to be with you and even if she did, she doesn't seem to be a very nice person. Do you still want her?

 

[robyaqua]

Would it be better to get divorced in Canada or India? As we both me and wife are living in US and Canada respectively. It's been almost 9 months that I have been in US and my wife visited in India for 2 weeks 2 years ago.

Please advice.

 

[Leon]

Would it be better to get divorced in Canada or India? As we both me and wife are living in US and Canada respectively. It's been almost 9 months that I have been in US and my wife visited in India for 2 weeks 2 years ago.

Please advice.

You mean better for her or better for you? You'd have to look at the law in both countries to find out. However, if she's already filed in Canada, then you will divorce in Canada.

 

[zardoz]

Of course, if you were to file first, you could (as a US resident) file in the USA. Not sure if that would be better for you or not. Usually in the western world, divorce is filed in the country of residency of the plaintiff.

 

[dhami_u]

Move back to Canada get social assistance like welfare and she will be stuck with that bill. that should teach her cheap ass a leason and guarantee she will contact u about it.

 

[zardoz]

Move back to Canada get social assistance like welfare and she will be stuck with that bill. that should teach her cheap ass a leason and guarantee she will contact u about it.

We were all thinking it.. You didn't have to say it. ;D ;D ;D ;D

 

[robyaqua]

I'm looking for a better option for me. Technically she can't file for divorce in India. As far as moving back to Canada is concerned, I'm looking for jobs in Canada as I don't want to hurt my career just to teach somebody a lesson. God and Universe is seeing everything and they would take the appropriate action at appropriate time.

Thanks a ton to all of you members for all your kind guidance and help.

 

[Leon]

I'm looking for a better option for me. Technically she can't file for divorce in India. As far as moving back to Canada is concerned, I'm looking for jobs in Canada as I don't want to hurt my career just to teach somebody a lesson. God and Universe is seeing everything and they would take the appropriate action at appropriate time.

Thanks a ton to all of you members for all your kind guidance and help.

I don't think you should harm your career by going on Canada to take welfare to make her pay but you can inform her that you could and see if she becomes a little more co-operative.

Are there assets in this marriage, hers or yours? Do you know if she's actually filed for divorce or does she have a lawyer? Have you talked with a lawyer yourself?

In order to get divorced in Canada, it's enough that one of the parties has lived in Canada for the past year. I do not know if you would be eligible to file in the US. If she hasn't filed yet, you could talk to a lawyer in Canada and talk to a lawyer in the US and figure out which is better for you and then file yourself before she does.

 

[zardoz]

The residency requirement to file for divorce in Nevada is only 6 weeks. Other states will be different.

Here is the list... http://www.totaldivorce.com/process/requirements/residency-requirements.aspx