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h&C and marriage

douglascage

Full Member
Jun 3, 2019
21
0
HI It happen to me .here is my story .
i met a girl and she is real nice and i decided to marry her but in 5 months she turn hostile and yelling all the time .she used my name to file H&C application saying iam her common law but i recently got aware of it and more of all i never sign any papers for that application .
she is out of status since 2016 and in 2018 i applied her spousal sponsor ship but i discover she have two app running one is H&C filed march 2018 and one spousal dec 2018 and both active
after getting pregnant recently she just gone and want to go by self .

can any one recommend me what shall i do??
thanks
 

21Goose

VIP Member
Nov 10, 2016
5,247
1,615
AOR Received.
Feb 2017
Are you a Canadian citizen? You can withdraw your spousal sponsorship application.

Ignore the H&C application, that's got nothing to do with you.

Are you still married?
 

douglascage

Full Member
Jun 3, 2019
21
0
yes im married meeting a lawyer to find out what to do now?
h and c application saying iam her common law and i dont know about it .i think she is targetting me since before
what u recommend?
 

21Goose

VIP Member
Nov 10, 2016
5,247
1,615
AOR Received.
Feb 2017
yes im married meeting a lawyer to find out what to do now?
h and c application saying iam her common law and i dont know about it .i think she is targetting me since before
what u recommend?
Go talk to a lawyer. You're married, so common-law doesn't even apply.

What I recommend is talking to a good family lawyer. Don't be too worried, there's nothing much she can do to you.

Are you a citizen?
 

21Goose

VIP Member
Nov 10, 2016
5,247
1,615
AOR Received.
Feb 2017
Yeah, then simply withdraw your spousal sponsorship. And don't worry about the H&C application, that's got nothing to do with you.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/track-update-application.html#withdraw

Withdraw your sponsorship application
You can withdraw your sponsorship application at any time before the person you’re sponsoring becomes a permanent resident of Canada.

You may be able to get a refund if we haven’t started processing your application.

Use our Web form to request the withdrawal of your sponsorship application.

In your request, include your:

  • full name
  • date of birth
  • country of birth
  • application number (if you know it)
  • relative’s Client ID Number (UCI) (if you know it)
 

douglascage

Full Member
Jun 3, 2019
21
0
Yeah, then simply withdraw your spousal sponsorship. And don't worry about the H&C application, that's got nothing to do with you.

https://www.canada.ca/en/immigration-refugees-citizenship/services/immigrate-canada/family-sponsorship/spouse-partner-children/track-update-application.html#withdraw

Withdraw your sponsorship application
You can withdraw your sponsorship application at any time before the person you’re sponsoring becomes a permanent resident of Canada.

You may be able to get a refund if we haven’t started processing your application.

Use our Web form to request the withdrawal of your sponsorship application.

In your request, include your:

  • full name
  • date of birth
  • country of birth
  • application number (if you know it)
  • relative’s Client ID Number (UCI) (if you know it)
can h&C get approved because she is pregnant? no health card? im not even sure its my child as i discover lot of things about her .but if child is mine can i claim it? so she dont act like a pity single mom?and ask for PR using child as a hook?
 

21Goose

VIP Member
Nov 10, 2016
5,247
1,615
AOR Received.
Feb 2017
can h&C get approved because she is pregnant? no health card? im not even sure its my child as i discover lot of things about her .but if child is mine can i claim it? so she dont act like a pity single mom?and ask for PR using child as a hook?
For the last time - the H&C application has nothing to do with you. She is entitled to file the application, and it will probably be denied. Being pregnant doesn't get you PR - if it did, everyone would be getting pregnant.

The rest of your questions are family law questions. Talk to a lawyer.
 

douglascage

Full Member
Jun 3, 2019
21
0
For the last time - the H&C application has nothing to do with you. She is entitled to file the application, and it will probably be denied. Being pregnant doesn't get you PR - if it did, everyone would be getting pregnant.

The rest of your questions are family law questions. Talk to a lawyer.
thanks i will .thats a very valuable advice .thanks again
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
I would contact CBSA to deny that you are her common law and inform them that you believe she may have filed some incorrect statements without your knowledge on her H&C. You should also withdraw your spousal sponsorship before she lands. It is very important or you could be financially responsible for her for 3 years. On top of that file for divorce. Anticipate that she may try to convince you not to cancel the sponsorship. Stay strong. Seems like she wanted to get pregnant so she could say it will be in the best interest of the child to remain in Canada.
 
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douglascage

Full Member
Jun 3, 2019
21
0
HI It happen to me .here is my story .
i met a girl and she is real nice and i decided to marry her but in 5 months she turn hostile and yelling all the time .she used my name to file H&C application saying iam her common law but i recently got aware of it and more of all i never sign any papers for that application .
she is out of status since 2016 and in 2018 i applied her spousal sponsor ship but i discover she have two app running one is H&C filed march 2018 and one spousal dec 2018 and both active
after getting pregnant recently she just gone and want to go by self .

can any one recommend me what shall i do??
thanks
Hi thanks for reply
She is in Canada WITHOUT status since 2015
Shall I still do same thing ??
 

douglascage

Full Member
Jun 3, 2019
21
0
I would contact CBSA to deny that you are her common law and inform them that you believe she may have filed some incorrect statements without your knowledge on her H&C. You should also withdraw your spousal sponsorship before she lands. It is very important or you could be financially responsible for her for 3 years. On top of that file for divorce. Anticipate that she may try to convince you not to cancel the sponsorship. Stay strong. Seems like she wanted to get pregnant so she could say it will be in the best interest of the child to remain in Canada.
hi thanks for reply .i think she is doing it to get pregnant and get baby so she can use it for PR . what should i do? recommend
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
hi thanks for reply .i think she is doing it to get pregnant and get baby so she can use it for PR . what should i do? recommend
Follow the advice already given. I believe you are correct that she will try to apply for H&C based on the best interest of the child. It is not always effective and she could be sent back to her home country to live with her Canadian child. In the future the child could sponsor the child if he/she Mets the requirement and if a parent sponsorship program exists.
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,768
can h&C get approved because she is pregnant? no health card? im not even sure its my child as i discover lot of things about her .but if child is mine can i claim it? so she dont act like a pity single mom?and ask for PR using child as a hook?
Yes you can fight for custody of the child once the child is born. Would ask for a DNA test.