Marriage of Convience?

[duMaurier]

So my sponsored wife just arrived and became a PR on Oct. 2016 under the new rule. Found out she had an affair and still in love with him. She keeps denying it although I know and she knows she did. That's not the big issue but that she keeps sexting with him and sending sex pics to him is what disgusts me. She did ask for help and promise to stop doing these things but nope she continues doing it when I'm at work.

Well within a month she claimed abused and went to Immigration and currently being sheltered. Yes It may not sound or not sound like marriage fraud but right now I am hurt. I have reported to fraud due to other things she has said to me via text and in person like "one day she will kill me", "find her a place to live alone" and considering I had to appeal to get her here, YEP, becuase the IO suspected MoC. So if someone you are sponsering fails the interview and app is refused, the IO are 99% sure she is just using you. But being blind and lonewly you wish for the best.

Her English is good and she is capable of working. I may think she has some mental issues that was not reported or found during her medical. Let say she goes on Welfare can she get kicked off becuase she is lazy and doesn't want to work? There are tons of jobs where I love, like in the restaurant, hospitality sector. I just dont want her cheating the system and me paying the bill. If she contributes to society than Im cool with her being here for the time being.

The Abuse accusation I think will not stick if it ever comes down to it. As I called the police and so did she, she showed a bruise and I was not arrested although her immigration social worker truly believes it... but that's their job as they heard only her side.

If she is allowed to stay in Canada if Immigration let's her..would I be able to sue her in small claims court for what I think was "using me"? Having an affair, being selfish and having a second life while I was trying to sponsor her. If I had to repay back any government loans would I be able to sue for that? If she does make a good life for herself in Canada. Would I be able to go after her parents/families assets?

I am contemplating on divorce but that might open up a can of worms financially. My lawyer thinks I might be able to keep all my assets in this situation which is not much..but still after what she put me through I don't think she deserves anything. have never been through a divorce before so I'm not sure how marital assets division works if every is in my name and she contributed nothing. But Im hoping my lawyer is good enough.

Thanks for listening. Anyone who is in this situation like me we need to get a petition going and even protesting. We should try to have each others back during any trials or court appearance if you are within the victims city. Tell the news, the media. Let them know what happened. Honest, hard-working families should not have to put up with selfish immigrants looking for free ride of someone else's pain and suffering and resource.

 

[SOS PLEASE]

I guess we are in a similar situation
plese help me. i am in a serious problem. i am a single mom with 2 kids with my ex spouse. i sponsored them and become permanent residence last september 2015. after 2 months my ex spouse got a job since then he never supported us and started not going home with us, because of that me and my kids seperated at him January 2016...things are getting worse between us. at august 2016 me and my kids decided moved out in the province because i can't take it anymore that he don't care about us. now we are leaving in different province just to have a peaceful life and start without him, when we moved out he promised me to give support to his kids. he did that only for a couple of months. i filled a divorce uncontested last october 2016 because he don't care anymore about us..now he is leaving with somebody, he is jobless now. he don't want to work, he just want to enjoy his life here in canada. now i am worried because he is not paying his monthly amortization for the my car loan that i get for him when he come here in canada. the bank keep calling me because he is unreachable now, please help me what to do.. he is jobless, living with new gf, not supporting his 2 kids and not paying the car loan..can i report him for deportation? i am suffering now for what he did, all i know to is strugle our 2 kids and raise them well as a single mom. he has no mercy

 

[duMaurier]

Yeah Welfare should kick them off welfare and out of the country if these just sponsored immigrants do this. They are abled body people..go work at McDonalds or Tim Hortons since they are always hiring. But just going on welfare to spite someone or just lazy is cruel to the system. One thing we might be able to do is sue them later after they become a citizen and put them in debt where they wont be able to sponsor their family. Laws are too soft in Canada for PR.

 

[dpenabill]

There is no transaction for which the caution, Buyer Beware, is more applicable than entering into a marital relationship, entering into a marital contract. Whether it is marriage with a Canadian born citizen or someone who previously had no ties to Canada at all, the commitment, the obligations and responsibilities, and the risks are huge. Marriage is one of those transactions which has the potential to totally change one's life. The primary impact falls squarely on those entering into the marriage.

The fact that so many have a cavalier approach to marriage belies the scope and import of its potential impact.

Sponsoring a spouse for Permanent Residence in Canada elevates the scope of commitment, the nature and extent of one's obligations and responsibilities, even more.

I note these things recognizing the risk of appearing cynical if not callous. Please understand that I do not mean to be unsympathetic.

I note these things to help you understand better what to expect now. And that includes recognizing the fact that you are mostly on your own, that whatever burden there is, it will be yours to bear.

Thus, as zardoz has posted in response in the topic started by SOS PLEASE, it is time to lawyer-up.

For the most part the legal ramifications of a breakdown in a domestic relationship is a matter governed by domestic relations law, NOT immigration. It is a civil matter between the particular parties involved. As such, the particular parties are responsible for advocating and defending their own rights and interests.

Thus, it is best to promptly obtain the advice of, and be represented by, a qualified, competent legal professional.

For someone who cannot afford a lawyer, there may be some community services which can help an individual in this situation. I am not well acquainted with what is available in this regard, except I know the nature and scope of what is available tends to vary considerably in different locations.

The fact that one or more of the parties involved is an immigrant, sponsored or otherwise, has little bearing on the status, rights, obligations, or responsibilities of the respective parties (except the contractual obligation of a sponsor, which is a contractual obligation owed to the government, to in effect indemnify the government for the costs of supporting a sponsored PR for the duration of the obligation, which for sponsored spouses is three years from date of landing). That means, as between the parties themselves, and what a Provincial court will enforce, the court's approach will be largely the same as it would be in handling a marital separation or dissolution, including matters of financial obligations, between two Canadian citizens born in Canada. Immigration status is NOT relevant.

Repeat, for emphasis, the immigration status of a party to a domestic relations dispute is NOT relevant.

That is not to say facts related to the process of sponsorship or immigration are not relevant. Fraudulent inducement might be a defense if one party alleges an invalid marriage. My sense, though, is that is a very steep hill to climb with minimal prospects of gaining much. Remember, in Canada the law makes a concerted effort to resolve domestic relation disputes WITHOUT considering fault, fault having NO bearing on the distribution of assets, the allocation of support, or other financially related issues. (But of course, many lawyers are skilled at skirting the spirit of the law, getting blame-oriented allegations into the case in an effort to sway a court's sense of justice . . . just as it is in so many things, who deserves what, in a general justice sense, is not a formal criteria for the decision-making, but it will indeed often influence the decision-maker's thinking.)

The obligations of support imposed pursuant to sponsorship is a separate matter. This is an obligation owed to the Canadian government, an undertaking by the sponsor. If the government of Canada is required to provide support to a resident, and that resident is a sponsored PR, the sponsor is liable to reimburse the government for such support for the duration of the undertaking. For sponsored spouses, this is three years. If the government owes support to the sponsored PR, the sponsor is effectively without any defense. The sponsor is on the hook to the government.



Regarding Fraud or Failure to Satisfy Cohabiting Condition:

Another separate issue, of course, is the validity of the sponsored person's PR IF, and only if, there was fraud in the process of applying for and obtaining PR status, OR if the cohabiting condition applies and is not satisfied.

The sponsor is NOT a party to the process pursuant to which IRCC investigates and potentially prosecutes a proceeding to find the sponsored PR inadmissible (due to fraud) or a proceeding to terminate the sponsored PR's status (based on failure to satisfy a condition).


Fraud in particular:

The sponsor can, and should, inform IRCC if the sponsor has information that a PR committed fraud in the process of obtaining PR status. Again IF there is indeed real evidence of fraud. Facts matter a lot more than characterizations. Any report should stick to specific known facts, preferably those which can be documented by concrete evidence. While a sponsored PR's behavior after landing can be relevant, this is only to a limited respect since it is about how status was obtained (thus, what was done before becoming a PR is what is most important, and whether that amounted to fraud, not what happened after landing).

Alleged abuse by the sponsor is no defense to fraud but may be considered in assessing the credibility of the sponsor.


Failure to satisfy cohabiting condition in particular:

A sponsor can and in many instances (but not necessarily all) should report to IRCC that a sponsored PR has failed to comply with the condition to cohabit for two years. Here too, again, IF there is in fact a failure to comply with the condition. Here too, the report to IRCC should stick to specific known facts.

In proceedings to terminate PR status based on the failure to satisfy the cohabiting condition, alleged abuse by the sponsor is a defense.


Sponsor is not a party to proceedings:

For emphasis: again, the sponsor is NOT a party to these proceedings (based on fraud or failure to satisfy cohabiting condition). The sponsor has no direct interest in the outcome of these proceedings. Sure, the outcome may have an impact on the sponsor, since the deportation of a spouse will directly affect the extent to which the sponsored spouse might obtain government support, for which the sponsor is liable to reimburse the government, and it may indirectly have an impact on how things go in the civil proceedings governing the resolution of the domestic relations issues. Nonetheless, this does not give the sponsor any interest or say in how IRCC handles the case.

While the sponsor has no legal interest or standing or say in how IRCC handles the case, somewhat recently a Federal Court has ruled, however, that the sponsor has a sufficient interest in the proceedings to be entitled to information about those proceedings (the general public does not). I do not recall the particular case or the scope of what information the court ruled the sponsor is entitled to, just that the ruling was the sponsor has enough of an interest to be entitled to some information.

In any event, overall, if a sponsor suspects fraud or knows the cohabiting condition was breached, the sponsor's role is basically limited to giving IRCC the relevant information. It is IRCC's case from that point. Not the sponsor's case.



Obligations to third parties:

A person who undertakes an obligation to a third party generally is indeed liable for that obligation and has no defenses against that third party other than those based on the obligation itself not existing (such as a defense based on claiming the amount due was in fact paid or otherwise satisfied).

For example, in a car lease situation, if a spouse drives off with the car and does not make the payments, the person who signed the lease or co-signed the lease is obligated to pay the lease. (Similarly if there was a loan.) Lease contracts typically carry some heavy liability beyond just the lease payments (such as for damage to the vehicle). The person who is contractually liable for the obligations imposed by a lease contract cannot avoid those liabilities based on the conduct of a spouse. Best the person can do is in turn seek reimbursement from the person who drove off with the vehicle. If that person is a spouse, that recourse is part of the overall disposition of assets and liabilities in the resolution of the domestic relations case.


Back to the short answer: lawyer-up. Not an immigration lawyer. A divorce or domestic relations lawyer.

 

[SOS PLEASE]

Thanks for the advices..what if he is using and pushing drugs? Is it possible for deportation? When we are at the same province before he used to asked many, many times to try at least just once and he told me that see after how you feel.. i am suspecting now that he is realy doing that because how can he survived in everyday life if he have no job.where did he get he's money? I am not crazy and irresponsile mother and individual to do drugs never crossed in my mind to try drugs. Now i am scared because his new girlfriend is a drug user as well, this information is from gf parents because i seek for help to talk and counsel their daughter to stop bothering me.help please..don't know what to do

 

[Bs65]

Thanks for the advices..what if he is using and pushing drugs? Is it possible for deportation? When we are at the same province before he used to asked many, many times to try at least just once and he told me that see after how you feel.. i am suspecting now that he is realy doing that because how can he survived in everyday life if he have no job.where did he get he's money? I am not crazy and irresponsile mother and individual to do drugs never crossed in my mind to try drugs. Now i am scared because his new girlfriend is a drug user as well, this information is from gf parents because i seek for help to talk and counsel their daughter to stop bothering me.help please..don't know what to do

As per other response you need to consult a lawyer or if any actual physical interaction where your personal safety at risk then consult the police.

 

[dpenabill]

Thanks for the advices..what if he is using and pushing drugs? Is it possible for deportation? When we are at the same province before he used to asked many, many times to try at least just once and he told me that see after how you feel.. i am suspecting now that he is realy doing that because how can he survived in everyday life if he have no job.where did he get he's money? I am not crazy and irresponsile mother and individual to do drugs never crossed in my mind to try drugs. Now i am scared because his new girlfriend is a drug user as well, this information is from gf parents because i seek for help to talk and counsel their daughter to stop bothering me.help please..don't know what to do

As I and others have repeatedly observed: See a lawyer.

If there is an imminent threat, contact police emergency services.

Alternatively or in addition to obtaining the services of a lawyer, seek assistance from local community services. Almost all communities have some local services for victims or persons at risk, and most have multiple services. Most such services are easily found through a simple internet search, or you can contact police NON-emergency services and they should be able to give references to local community services.

This is NOT an immigration matter. There is NO process for an individual to pursue or obtain the deportation of another person.

Forget about pursuing the deportation of this person. That is not a viable option. That is not a solution. Seek the same kinds of help a person in your situation would if the other person, the threat, was a Canadian citizen.

Lawyer-up and/or or find a local organization which will assist or advice persons in these circumstances.

 

[Leon]

Well within a month she claimed abused and went to Immigration and currently being sheltered. Yes It may not sound or not sound like marriage fraud but right now I am hurt. I have reported to fraud due to other things she has said to me via text and in person like "one day she will kill me", "find her a place to live alone" and considering I had to appeal to get her here, YEP, becuase the IO suspected MoC. So if someone you are sponsering fails the interview and app is refused, the IO are 99% sure she is just using you. But being blind and lonewly you wish for the best.

Her English is good and she is capable of working. I may think she has some mental issues that was not reported or found during her medical. Let say she goes on Welfare can she get kicked off becuase she is lazy and doesn't want to work? There are tons of jobs where I love, like in the restaurant, hospitality sector. I just dont want her cheating the system and me paying the bill. If she contributes to society than Im cool with her being here for the time being.

The Abuse accusation I think will not stick if it ever comes down to it. As I called the police and so did she, she showed a bruise and I was not arrested although her immigration social worker truly believes it... but that's their job as they heard only her side.

If she is allowed to stay in Canada if Immigration let's her..would I be able to sue her in small claims court for what I think was "using me"? Having an affair, being selfish and having a second life while I was trying to sponsor her. If I had to repay back any government loans would I be able to sue for that? If she does make a good life for herself in Canada. Would I be able to go after her parents/families assets?

So she lived with you less than a month? That does not sound very good for her case. If you did not abuse her, then she can not prove any abuse. If you have text messages from her showing that she is threatening you or admitting that she is lying that would be good. She might not keep her PR. However it could take a long time for her to lose it and as her sponsor, you are still liable to support her for up to 3 years if she is in Canada. You knew this when you signed the sponsorship agreement. It doesn't matter how much a spouse cheats on you, whether she leaves you, even if she were to move in with someone else. The agreement still holds valid. I have no idea how aggressive welfare is about making people go out and get jobs but if she is on welfare, the government will eventually come after you to pay it back. Because of the sponsorship agreement that you made with the government, I am not sure if you can sue your wife for this money. You would have to ask a lawyer about that. As for suing her parents? Her parents did not do anything to you.

 

[duMaurier]

Thanks Leon. I just hope the court is able to see this. Im holding off on divorce ATM. But worried she might move to another province. It will also look bad on her PR if she gets welfare, im assuming why would Canada want another bum.. My only problem is her immigrant social worker who does believe her story. Is why i so want to go to court and prove what type of liar she is. Or at least have her social worker have a sit down with me. I understand that Social workers are to help nd believe their clients. But shouldn't they get to know the other side too. Appreciate your replies it helps a lot emotionally.

 

[Leon]

It is not really an issue for her PR if she takes welfare. There are no rules against new PR's taking welfare and they can't lose their PR for that. The main thing for you to prove is that she was plotting to leave you all along and that you did not abuse her. If you think there is a chance to get her to admit this in text messages or emails, you can try to do that. Just make sure that you don't say anything that could be seen as threatening or abusive towards her.

 

[duMaurier]

If she goes to school is that a government loan? Grant? That includes cost of living too right? Would i have to pay back if she goes to school? I heard some PR getting free schooling.

So if i told Fraud that our relationship "broke down" 2 weeks ago will it be 2 years from then that they may revoke/appeal her PR? Or is it still the 3 years from landing and then they will either revoke or keep her?

And she threatened me that her social worker has photos etc of her bruise. Again I never hurt her. I lawyered up already but it was more about divorce/asset divisional and a bit of her "MoC". But my lawyer said if their was proof of abuse they would have arrested me that day. Does police officers keep track of what happened on their calls. They may have thought she was all BS or may have thought i hurt her but no concrete evidence. I need a way to have my story heard at our local NGO immigration but I emailed them and no reply.

Thanks.

 

[Leon]

If she goes to school is that a government loan? Grant? That includes cost of living too right? Would i have to pay back if she goes to school? I heard some PR getting free schooling.

So if i told Fraud that our relationship "broke down" 2 weeks ago will it be 2 years from then that they may revoke/appeal her PR? Or is it still the 3 years from landing and then they will either revoke or keep her?

And she threatened me that her social worker has photos etc of her bruise. Again I never hurt her. I lawyered up already but it was more about divorce/asset divisional and a bit of her "MoC". But my lawyer said if their was proof of abuse they would have arrested me that day. Does police officers keep track of what happened on their calls. They may have thought she was all BS or may have thought i hurt her but no concrete evidence. I need a way to have my story heard at our local NGO immigration but I emailed them and no reply.

Thanks.

If she goes to school, it's either loans or grants and that's not social assistance so you don't have to pay that back.

Since the relationship already broke down, they can start investigating right away but it could still take 1-2 years for them to investigate and if she keeps appealing and manages to stay in Canada for 3 years, you would be responsible for her for 3 years.

There should be a police report if the police were called there and they should have written in it what they saw and what they believed. You can ask your lawyer about that but I think you should be able to get a copy of the police report from the police if there is one because it concerns you.

I would guess that the police did not believe her and therefore did not arrest you.