Husband Applying for AINP doesn't want wife to be included filed divorce HELP!

[crookie]

Good Day everyone

Would like to inquire with regard to my current situation right now. My husband applied for AINP and he doesn't want me to be included on his application because he wants to marry his mistress (who is also a TFW) eventually in case PR would be granted. He filed for a divorce and wants full custody on our children. I am planning to oppose it. What would be the steps in contesting a divorce? Can I establish my point to the court that there is no valid reason as to why divorce should be served? What are my chances?

I am hoping you can help me out. Btw, he is in Alberta and I'm in the Philippines.

 

[scylla]

The divorce will eventually be approved whether you want it or not. As for the custody of your children, that is something you can and should certainly oppose - and either ask for sole or joint custody.

Now that your husband has filed for divorce, he can apply for AINP without including you since the fact he has filed for a divorce proves you are no longer in a relationship. Unfortunately there's really nothing you can do to stop your husband from immigrating to Canada without you. However you should obviously make sure you fight for sole/joint custody of your children (I'm assuming this is a priority for you).

Good luck.

 

[2cookies]

Hi Everyone,

Does anyone knows if we should let the authority know when you get divorce overseas or is it only when you intend to re marry (in canada) then submit the divorce documents?

Thanks

 

[canadianwoman]

He filed for a divorce and wants full custody on our children. I am planning to oppose it. What would be the steps in contesting a divorce? Can I establish my point to the court that there is no valid reason as to why divorce should be served? What are my chances?

I am sorry about your marital problems. Unfortunately, if he wants a divorce in Canada, he can get one even if you do not want to divorce. The fact he wants out of the marriage is enough.
Are the children with you? I think you should get a lawyer if you want custody. You should also be getting child support.

 

[crookie]

I am sorry about your marital problems. Unfortunately, if he wants a divorce in Canada, he can get one even if you do not want to divorce. The fact he wants out of the marriage is enough.
Are the children with you? I think you should get a lawyer if you want custody. You should also be getting child support.

Thank you for replying. Yes my children are with me and I want full custody and would demand support from him because I had a feeling we deserve more than what he is sending.

 

[crookie]

The divorce will eventually be approved whether you want it or not. As for the custody of your children, that is something you can and should certainly oppose - and either ask for sole or joint custody.

Now that your husband has filed for divorce, he can apply for AINP without including you since the fact he has filed for a divorce proves you are no longer in a relationship. Unfortunately there's really nothing you can do to stop your husband from immigrating to Canada without you. However you should obviously make sure you fight for sole/joint custody of your children (I'm assuming this is a priority for you).

Good luck.

Thank you. I just want to clarify though if I demand for full custody will my children would they still have the opportunity to get petitioned by him?

 

[canadianwoman]

He should include the children on his PR application as non-accompanying dependents. They would then have to get a medical. However, just because they are included and get a medical, does not mean that they have to go to Canada. This is just leaving the possibility open for later if they want to go, or it becomes necessary. If you do not agree for them to be sponsored to go to Canada, they won't go.

 

[crookie]

He should include the children on his PR application as non-accompanying dependents. They would then have to get a medical. However, just because they are included and get a medical, does not mean that they have to go to Canada. This is just leaving the possibility open for later if they want to go, or it becomes necessary. If you do not agree for them to be sponsored to go to Canada, they won't go.

thank you for the information mam. What if I wont allow them to do the medical?

 

[canadianwoman]

This will cause some delays for your husband's application. He will have to try to get the medicals, then when he can't, he will have to make a statutory declaration that he knows this means he will never be able to sponsor his children in the future. CIC does not like this, so it often causes delays.

You should really allow the children to get medicals. For one thing, getting the medical done does not mean the children will go to Canada. It just means that in the future, if things change, the father will be able to sponsor them. For example, maybe when they are older they will want to go to school in Canada or immigrate there. As well, you might become ill or otherwise not be able to care for them, and so going to Canada might be best for them. Getting the medicals just leaves open the possibility of them being sponsored later; it does not mean that they will be taken away without your permission.

 

[scylla]

thank you for the information mam. What if I wont allow them to do the medical?

That's a bad and very selfish idea. Your husband will still be able to immigrate - however it means that he will never be able to sponsor your children for Canadian PR in the future (even if something happens to you and there is no one to take care of them). You should be giving your children all of the opportunities possible for their futures - including moving to Canada. You should allow them to do the medical. Doing the medical is in your children's best interest.