HELP REQUIRED--Marriage Fraud!

[canuck78]

TBH, I really don't believe that your sister had landed as a PR. The time line you provided didn't add up. Your sister got married in Jan. 2017, it probably would take couple weeks to prepare and submit the Sponsorship Application, and trust me it could be seen as fast. So, CIC may receive the application in Feb. 2017, the earliest. Then you said your due day was November, 2017, and your sister had come to Canada already. You probably didn't think that the average process time for application applied before March, 2017 from India (or overall) were longer (12 or more months) than those submitted after March, 2017 (10 months). If you check the NDVO thread on this forum, you would know that applicants from India that applied in early months of 2017, they would probably got their DM in March of 2018.

That's why I asked. Dates didn't make sense to me either so wanted to doublecheck.

 

[Bryanna]

Based on the OP's post, it was an "arranged marriage" through a matrimonial site = Conservative family, common law is out of the question, her father had made all the bookings for the marriage.

OP mentions it was spousal PR, not EE.

Marriage took place: January 2017
Guy returned: February 2017
Her sister moved to Canada: October 2017

Spousal PR was possible given the timeline. I came across a few cases last year that took just 6 months (NDVO)

 

[Phuldeep]

TBH, I really don't believe that your sister had landed as a PR. The time line you provided didn't add up. Your sister got married in Jan. 2017, it probably would take couple weeks to prepare and submit the Sponsorship Application, and trust me it could be seen as fast. So, CIC may receive the application in Feb. 2017, the earliest. Then you said your due day was November, 2017, and your sister had come to Canada already. You probably didn't think that the average process time for application applied before March, 2017 from India (or overall) were longer (12 or more months) than those submitted after March, 2017 (10 months). If you check the NDVO thread on this forum, you would know that applicants from India that applied in early months of 2017, they would probably got their DM in March of 2018.

She came on spousal sponsorship as her landing paper mentioned permanent resident.

 

[Phuldeep]

It's her choice where she would like to stay.



You can safely count this possibility out.

This guy cannot get married again without first being granted a divorce decree either in Canada or in India. Otherwise he would be committing bigamy which is illegal under Indian Laws and the Canadian Criminal Code. Not to forget, he cannot sponsor another 'spouse' because his current sponsorship undertaking for your sponsoring your sister, is still valid.



Separation means the time from when it is generally considered that the marriage is over. It does not mean 'living and staying apart'.

Your sister can file a divorce petition in the BC court anytime after the separation, but the divorce judgement will be given only when the one year of separation is completed.


IMO, the options are:
1. File a divorce petition in the BC court on grounds of one year of separation.

2. Do not attempt a divorce petition on the grounds of 'mental and emotional cruelty' as these are very difficult to prove in the court + the case can take several years before a divorce decree is granted.

3. There will be problems in filing this divorce petition because my guess is this won't be an 'uncontested' divorce.


OR

1. Request mediation by senior members of both families/ common friends.... to get the guy to agree to divorce by 'Mutual Consent' in India,

2. If the 'Mutual Consent' option fails then your sister can have a lawyer in India to send/serve a legal notice on the guy that your sister intends to proceed with divorce... and about one month after the service of this legal notice, she can file the divorce petition in a Family Court in India.

3. I recommend your sister does not wait until the guy files for divorce first. Generally, the court which first accepts a divorce petition is considered to have the legal jurisdiction to pass judgement, and any other divorce petition filed subsequently in another court normally will not proceed with the matter

@Bryanna thanks for the detailed response. For the point senior members of the family should talk, my mom tried multiple times to contact his mother but she never picked up and never returned the call. My mom also called the guy but he also didn’t responded on any calls made by my sister, mom or brothers. Whole family is not picking the call and hav unfriended everyone from the social media too. We wanted to talk it out and come to the future course of action but nobody is answering!

 

[Phuldeep]

That's why I asked. Dates didn't make sense to me either so wanted to doublecheck.

@canuck78 it’s possible for the files to be processed within 6 months and this is what happened in my sis case too.

 

[Phuldeep]

Maybe one more important thing to ask. Did she get condition for PR. In the past there was a condition that the couple has to live 2 years together after PR is granted. They stopped to used them, but maybe she was still the case.
Would she still get that condition, that would mean that she could loose her PR if not fulfilling it.

Another thing what he can do (also it would be a nasty move). He can try to accuse her of a marriage fraud. Not that it would fly, but there is this possibility.

@vensak no she didn’t came with any condition in PR. She came on spousal sponsorship and her landing paper mentioned Permanent Resident.

 

[Phuldeep]

TBH, I really don't believe that your sister had landed as a PR. The time line you provided didn't add up. Your sister got married in Jan. 2017, it probably would take couple weeks to prepare and submit the Sponsorship Application, and trust me it could be seen as fast. So, CIC may receive the application in Feb. 2017, the earliest. Then you said your due day was November, 2017, and your sister had come to Canada already. You probably didn't think that the average process time for application applied before March, 2017 from India (or overall) were longer (12 or more months) than those submitted after March, 2017 (10 months). If you check the NDVO thread on this forum, you would know that applicants from India that applied in early months of 2017, they would probably got their DM in March of 2018.

@Miraclejj her husband came back to Canada after marriage in February 2017 and processed the files from here. She got the visa request in India in August 2017. And she came to Canada in October 2017. Yes initially it used to take 12 or more months but now the processing time is faster for applications and I think if you processing from Canada directly it’s more faster. She had permanent resident mentioned on landing paper and immigrant on visa issued to her.

 

[Bryanna]

@Bryanna thanks for the detailed response. For the point senior members of the family should talk, my mom tried multiple times to contact his mother but she never picked up and never returned the call. My mom also called the guy but he also didn’t responded on any calls made by my sister, mom or brothers. Whole family is not picking the call and hav unfriended everyone from the social media too. We wanted to talk it out and come to the future course of action but nobody is answering!

Maybe it is time to check the legal options available/legal path to follow if that's the case

 

[canuck78]

@canuck78 it’s possible for the files to be processed within 6 months and this is what happened in my sis case too.

Yes you answered when I asked at the beginning of the thread. You were lucky and got a fast processing time which is pretty unusual given the arranged marriage without much time spent together. Still think she should pursue a divorce. He is clearly not interested in making the marriage work. Very strange situation given there seem to be no dowry or other financial incentive and he also didn't withdraw the sponsorship even though he had already stopped acting like a spouse.

 

[Bryanna]

Very strange situation given there seem to be no dowry or other financial incentive and he also didn't withdraw the sponsorship even though he had already stopped acting like a spouse.

I agree with you on this.

It is unusual that he went ahead with an arranged marriage + sponsorship process only to demean her sister at every possible opportunity later. Not sure how much efforts were invested by both persons in getting to know each other before getting married. There were no dowry demands. So, why would he marry the OP's sister/sponsor her if he didn't have any true intentions of staying married beyond a few weeks?

It seems like a case of incompatibility. Also, going by the OP's post, I think initial differences in opinion were not nipped in the bud/put aside for the larger picture.... but it seems like some petty/trivial issues were probably misunderstood and magnified by the opinions/interference of other family members.

For example, I don't find anything wrong in the guy asking the OP and/or her sister to pay for her plane tickets to Montreal to be with the OP at the time of the baby's delivery. He probably has financial issues/his budget may not allow for extraneous expenses. Not judging here. Just my two cents analysis

 

[carolbb23]

I agree with you on this.

It is unusual that he went ahead with an arranged marriage + sponsorship process only to demean her sister at every possible opportunity later. Not sure how much efforts were invested by both persons in getting to know each other before getting married. There were no dowry demands. So, why would he marry the OP's sister/sponsor her if he didn't have any true intentions of staying married beyond a few weeks?

It seems like a case of incompatibility. Also, going by the OP's post, I think initial differences in opinion were not nipped in the bud/put aside for the larger picture.... but it seems like some petty/trivial issues were probably misunderstood and magnified by the opinions/interference of other family members.

For example, I don't find anything wrong in the guy asking the OP and/or her sister to pay for her plane tickets to Montreal to be with the OP at the time of the baby's delivery. He probably has financial issues/his budget may not allow for extraneous expenses. Not judging here. Just my two cents analysis

Something does not seem right about this story sound like a business arrangement

 

[Phuldeep]

Something does not seem right about this story sound like a business arrangement

@carolbb23 its really strange that you think its a business arrangement when someone and their families are really under lot of stress about this situation. There was no BUSINESS ARRANGMENT here and if it would have been I wouldnt be posting a personal query here! Would request at least be senstive!

 

[Phuldeep]

I agree with you on this.

It is unusual that he went ahead with an arranged marriage + sponsorship process only to demean her sister at every possible opportunity later. Not sure how much efforts were invested by both persons in getting to know each other before getting married. There were no dowry demands. So, why would he marry the OP's sister/sponsor her if he didn't have any true intentions of staying married beyond a few weeks?

It seems like a case of incompatibility. Also, going by the OP's post, I think initial differences in opinion were not nipped in the bud/put aside for the larger picture.... but it seems like some petty/trivial issues were probably misunderstood and magnified by the opinions/interference of other family members.

For example, I don't find anything wrong in the guy asking the OP and/or her sister to pay for her plane tickets to Montreal to be with the OP at the time of the baby's delivery. He probably has financial issues/his budget may not allow for extraneous expenses. Not judging here. Just my two cents analysis

@Bryanna Yes I agree with you that someone can have financial issues and we totally respect it. But if you have real and true financial issues why not say in first place to your wife rather than making false promises to her that her ticket would be booked and this was said before she came to Canada and as soon as she landed to Canada as well. He used to say to her that he will book her tickets by the end of the day and this continued to happen Daily. We are not greedy people we just wanted the situation to be clear and I even said to him that Ill book her tickets to and fro but he declined at that time and later he just retracted from his words that he will book tickets. So we had to book tickets at last time. The issue came here as double standards and this behaviour happened 4-5 times again. Booking tickets was just an example. AGAIN saying that booking tickets was not a issue but giving a headsup before the deadline.

Yes compatibility issues are there for sure and this is what we as a family wanted to talk it out and my sis too. But he blocked her and not picking the phone since Jan 20 and neither of his family members.

 

[canuck78]

@Bryanna Yes I agree with you that someone can have financial issues and we totally respect it. But if you have real and true financial issues why not say in first place to your wife rather than making false promises to her that her ticket would be booked and this was said before she came to Canada and as soon as she landed to Canada as well. He used to say to her that he will book her tickets by the end of the day and this continued to happen Daily. We are not greedy people we just wanted the situation to be clear and I even said to him that Ill book her tickets to and fro but he declined at that time and later he just retracted from his words that he will book tickets. So we had to book tickets at last time. The issue came here as double standards and this behaviour happened 4-5 times again. Booking tickets was just an example. AGAIN saying that booking tickets was not a issue but giving a headsup before the deadline.

Yes compatibility issues are there for sure and this is what we as a family wanted to talk it out and my sis too. But he blocked her and not picking the phone since Jan 20 and neither of his family members.

Clearly there are lots of issues in the marriage if his wife was not aware of their finances, etc. Your sister should move on and be thankful she didn't have a child with him.

 

[Phuldeep]

Clearly there are lots of issues in the marriage if his wife was not aware of their finances, etc. Your sister should move on and be thankful she didn't have a child with him.

@canuck78 true. My sis didn’t came to know about his finances as he never told her. Plus before marriage he told her his salary is $80000+ but after marriage when she came to Canada he told her his salary is $50000 only. It’s not only about high or low salary but misrepresentation of the truth!
We also thank god that she didn’t have a child with him and yes she is planning to move on. Thank you for your prompt reply as always!