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Misrepresentation/landed immigrant

mn10908

Newbie
Nov 26, 2015
6
0
Hello.

I am victim of immigration fraud and marriage of convenience and was wondering if I could get some good advice here. I have reported this to Canada Immigration with a very long letter back in March. The case has been assigned a case number, if I need to give them (CBSA) more information.

I would however would like to get as many points of views as possible...

My story is very long so I will try to summarize in a nutshell.

I'm a born Canadian citizen from Canada. My husband (also my cousin) who I sponsored to Canada and who landed in Canada in 2013, committed perjury and fraud by signing a false affidavit under oath at the Canadian consulate in overseas prior to our marriage, that later helped him immigrate to Canada under the spousal category. The affidavit that he signed stated that he had served my ex husband divorce papers in another country by delivering the divorce to my ex husband in his hand, (leaving a copy with him), however he has never done so and he has used this document indirectly to enter Canada. He has admitted to not serving my husband and signing a false affidavit at the Canadian consulate recently and also he has never traveled to out of his home country to delivery such documents to my Ex... as his travel history should also show that he never served my Ex.

My husband recently (10 months a go) abandoned me and our 10 month old baby...There was no reason for him to leave... it was clear to me that he has used me for immigration purposes...

I have reported this to immigration Canada with the copy of the false affidavit which was signed by him. According to me, this is fraud and misrepresentation under 40 1 (a) of the IRPA for directly and indirectly causing misrepresentation and attaining documents fraudulently from what I have read online.. and as well as perjury under section 131 of the criminal code of Canada. I would like justice to be served and charges to be laid. Also I believe that its misrepresentation because he had never put down under the travel history, in our spousal application that he had left his country and visited another country to serve any documents to my EX.... however in the affidavit he is clearly stating that he has left a copy of my divorces papers with my ex husband....

how seriously will this be looked at by immigration and also they have given me a case number where i can update them with information,, is that a good sign that they do take these things seriously....
Looking forward to your reply. I would really appreciate your advice and any insight you maybe able to give me.

He also he has committed crimes in his home country before entering Canada, which he did not disclose on the PR application,, I'v just recently been made aware of this and have provided the complaint of the alleged crimes to Immigration Canada and also a police report from the police station.. which is a complaint against him, with charges,, but there's no convictions or sentencing on it,,, How seriously will that be considered by the Canada immigration????

Would greatly appreciate your responses.

thank you in advance!
 

rajkamalmohanram

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Apr 29, 2015
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mn10908 said:
Hello.

I am victim of immigration fraud and marriage of convenience and was wondering if I could get some good advice here. I have reported this to Canada Immigration with a very long letter back in March. The case has been assigned a case number, if I need to give them (CBSA) more information.

I would however would like to get as many points of views as possible...

My story is very long so I will try to summarize in a nutshell.

I'm a born Canadian citizen from Canada. My husband (also my cousin) who I sponsored to Canada and who landed in Canada in 2013, committed perjury and fraud by signing a false affidavit under oath at the Canadian consulate in overseas prior to our marriage, that later helped him immigrate to Canada under the spousal category. The affidavit that he signed stated that he had served my ex husband divorce papers in another country by delivering the divorce to my ex husband in his hand, (leaving a copy with him), however he has never done so and he has used this document indirectly to enter Canada. He has admitted to not serving my husband and signing a false affidavit at the Canadian consulate recently and also he has never traveled to out of his home country to delivery such documents to my Ex... as his travel history should also show that he never served my Ex.

My husband recently (10 months a go) abandoned me and our 10 month old baby...There was no reason for him to leave... it was clear to me that he has used me for immigration purposes...

I have reported this to immigration Canada with the copy of the false affidavit which was signed by him. According to me, this is fraud and misrepresentation under 40 1 (a) of the IRPA for directly and indirectly causing misrepresentation and attaining documents fraudulently from what I have read online.. and as well as perjury under section 131 of the criminal code of Canada. I would like justice to be served and charges to be laid. Also I believe that its misrepresentation because he had never put down under the travel history, in our spousal application that he had left his country and visited another country to serve any documents to my EX.... however in the affidavit he is clearly stating that he has left a copy of my divorces papers with my ex husband....

how seriously will this be looked at by immigration and also they have given me a case number where i can update them with information,, is that a good sign that they do take these things seriously....
Looking forward to your reply. I would really appreciate your advice and any insight you maybe able to give me.

He also he has committed crimes in his home country before entering Canada, which he did not disclose on the PR application,, I'v just recently been made aware of this and have provided the complaint of the alleged crimes to Immigration Canada and also a police report from the police station.. which is a complaint against him, with charges,, but there's no convictions or sentencing on it,,, How seriously will that be considered by the Canada immigration????

Would greatly appreciate your responses.

thank you in advance!
I am very sorry for what happened to you. I hope you and the baby are doing fine!

As obvious as it is, this is FRAUD on many levels. Using a marriage of convenience to gain PR, withholding criminal history on a PR application, hiding travel information on a PR application AND lying/signing a false affidavit whilst on oath is indeed misrepresentation. This guy has it coming!

In my personal opinion, you have a solid case. On top of using a marriage of convenience to get to Canada, this guy had a police case on him in his home country that was not declared in the PR application. It is only a matter of time before his PR is revoked and he is deported back to the hole he came from.

My suggestion here is if possible, please hire an experienced immigration lawyer so as to have a fiend's grip on the case. An experienced lawyer will be able to block all the loopholes that he might use to escape and seal his fate for once and for all.

If anybody on this forum has legal experience, PLEASE help mn10908 to bring a fraud to justice.

Any replies and suggestions from other members is most welcome!

Thanks!
 

Turbo2000

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Your situation is quite pathetic, especially for the baby.

To be be candid, I guess you knew all of these about your ex before, but you decided to stay quiet until he left you.

As you mentioned, he is also your cousin...you should have known much about him. was it an arranged marriage ?

You don't decide on behalf of CBSA what his crimes are. They will likely perform an investigation on their part to determine his violations.

They are experts in their field, they won't jump into conclusion based on what you tell them.

Saying he left for no reason is an overstatement....we have not heard his own part of the story.

On your part, you failed to carry out due diligence. It seems you married some one you didn't know.

This is my humble opinion.

mn10908 said:
Hello.

I am victim of immigration fraud and marriage of convenience and was wondering if I could get some good advice here. I have reported this to Canada Immigration with a very long letter back in March. The case has been assigned a case number, if I need to give them (CBSA) more information.

I would however would like to get as many points of views as possible...

My story is very long so I will try to summarize in a nutshell.

I'm a born Canadian citizen from Canada. My husband (also my cousin) who I sponsored to Canada and who landed in Canada in 2013, committed perjury and fraud by signing a false affidavit under oath at the Canadian consulate in overseas prior to our marriage, that later helped him immigrate to Canada under the spousal category. The affidavit that he signed stated that he had served my ex husband divorce papers in another country by delivering the divorce to my ex husband in his hand, (leaving a copy with him), however he has never done so and he has used this document indirectly to enter Canada. He has admitted to not serving my husband and signing a false affidavit at the Canadian consulate recently and also he has never traveled to out of his home country to delivery such documents to my Ex... as his travel history should also show that he never served my Ex.

My husband recently (10 months a go) abandoned me and our 10 month old baby...There was no reason for him to leave... it was clear to me that he has used me for immigration purposes...

I have reported this to immigration Canada with the copy of the false affidavit which was signed by him. According to me, this is fraud and misrepresentation under 40 1 (a) of the IRPA for directly and indirectly causing misrepresentation and attaining documents fraudulently from what I have read online.. and as well as perjury under section 131 of the criminal code of Canada. I would like justice to be served and charges to be laid. Also I believe that its misrepresentation because he had never put down under the travel history, in our spousal application that he had left his country and visited another country to serve any documents to my EX.... however in the affidavit he is clearly stating that he has left a copy of my divorces papers with my ex husband....

how seriously will this be looked at by immigration and also they have given me a case number where i can update them with information,, is that a good sign that they do take these things seriously....
Looking forward to your reply. I would really appreciate your advice and any insight you maybe able to give me.

He also he has committed crimes in his home country before entering Canada, which he did not disclose on the PR application,, I'v just recently been made aware of this and have provided the complaint of the alleged crimes to Immigration Canada and also a police report from the police station.. which is a complaint against him, with charges,, but there's no convictions or sentencing on it,,, How seriously will that be considered by the Canada immigration????

Would greatly appreciate your responses.

thank you in advance!
 

mn10908

Newbie
Nov 26, 2015
6
0
Exactly I didn't know him. It was arranged as a matter of fact. And who are you to call this situation pathetic??????,, I think you seriously need to think before you post or make any RUDE comments. YES he is my cousin it doesn't mean that I would know him. Why are you automatically assuming and generalizing that I would "know much about him" because he was my cousin??? And There is nowhere in my post that I said that I am deciding what crimes he's committed and neither am i degrading or saying that CBSA are not experts in this field. And I am sure they will do the right thing... It's from what I know and having done my research on what kinds of crimes he's committed, from my understanding. I may be wrong.. I did not fail to carry out due diligence just because I didn't know him and that I had an arranged marriage and didn't know him due to that. In no way am I responsible for any of his behaviors for walking out on me and my child, (which I forgot to mention, his abusive behavior, and not to mention his abuse (domestic abuse)... And I will not let anyone tell me otherwise, including YOU. So I guess now your going to say, hmm we haven't heard his part of the story as to why he abused me physically too??? right? Anyways, if you have nothing good to say and no advice, might as well not say it at all and give your "humble opinion", especially not having heard the full story.
 

mn10908

Newbie
Nov 26, 2015
6
0
Rajkamal, Thank you for your reply. I would indeed appreciate those who are experienced in this field or any senior members to comment on my situation. It would mean a lot to me. I have indeed spoken to several lawyers, and each one has told me that the only thing I can do is report it to Immigration Canada, which I have... I would appreciate any people who have gone through similar situations to share their experiences. It gives all of us people who are going through cases like these, some hope..
 

sashali78

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Feb 23, 2012
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mn10908 said:
Rajkamal, Thank you for your reply. I would indeed appreciate those who are experienced in this field or any senior members to comment on my situation. It would mean a lot to me. I have indeed spoken to several lawyers, and each one has told me that the only thing I can do is report it to Immigration Canada, which I have... I would appreciate any people who have gone through similar situations to share their experiences. It gives all of us people who are going through cases like these, some hope..
What advice do you seek?
If you are concerned about Canada as a country , you already did your part by reporting him and CBSA will take it from there as your lawyers already advised you.
If its the revenge advice you are seeking, its not the place for it.
Give it a rest and go on with your life, for your own sake and the sake of your baby.
 

truesmile

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sashali78 said:
What advice do you seek?
If you are concerned about Canada as a country , you already did your part by reporting him and CBSA will take it from there as your lawyers already advised you.
If its the revenge advice you are seeking, its not the place for it.
Give it a rest and go on with your life, for your own sake and the sake of your baby.
Exactly right. And the lawyer are right too.

You have reported it, now move on. Don't expect weekly or monthly updates from CIC on what is being done. Confidentiality excludes you from this process from this point forward.

Take care.
 

Turbo2000

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You said and I quote ' I would however would like to get as many points of views as possible...' I gave my opinion.

I will not call a spade a spoon just to please you. Take a break.

Have a nice day !!

mn10908 said:
Exactly I didn't know him. It was arranged as a matter of fact. And who are you to call this situation pathetic??????,, I think you seriously need to think before you post or make any RUDE comments. YES he is my cousin it doesn't mean that I would know him. Why are you automatically assuming and generalizing that I would "know much about him" because he was my cousin??? And There is nowhere in my post that I said that I am deciding what crimes he's committed and neither am i degrading or saying that CBSA are not experts in this field. And I am sure they will do the right thing... It's from what I know and having done my research on what kinds of crimes he's committed, from my understanding. I may be wrong.. I did not fail to carry out due diligence just because I didn't know him and that I had an arranged marriage and didn't know him due to that. In no way am I responsible for any of his behaviors for walking out on me and my child, (which I forgot to mention, his abusive behavior, and not to mention his abuse (domestic abuse)... And I will not let anyone tell me otherwise, including YOU. So I guess now your going to say, hmm we haven't heard his part of the story as to why he abused me physically too??? right? Anyways, if you have nothing good to say and no advice, might as well not say it at all and give your "humble opinion", especially not having heard the full story.
 

SenoritaBella

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I don't think that's what she was asking though. Situations like these call for some cultural sensitivity. I'm sure you meant well, but saying she failed to do due diligence and married someone she didn't know sounds like "blaming the alleged victim", especially considering hers was an arranged marriage, which is the norm in her culture. She would have had to rely on her family to investigate his background and sometimes it's not possible to uncover everything or the other party does a good job of concealing information.
Also, divorce is frowned upon and is very hard on women from certain cultures. Some are not able to re-marry afterwards, especially if they have children already. She is hurting and truth spoken in love goes a long way.

Turbo2000 said:
You said and I quote ' I would however would like to get as many points of views as possible...' I gave my opinion.

I will not call a spade a spoon just to please you. Take a break.

Have a nice day !!
 

SenoritaBella

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I'm so sorry this happened to you. You did the right thing by reporting him to CIC and CBSA. They will investigate and take the necessary actions. Unfortunately, they won't tell you anything about their investigation or him for privacy reasons. No matter what happens, try not to let it consume you. It may be hard to see it now, but sometimes when people walk away from our lives it is for our own good. You deserve better than to be physically assaulted. You got a beautiful child out this situation, so please focus on your baby and yourself. Seek support from family and friends, your Imam, etc if needed. Take care and keep your head up.

mn10908 said:
Exactly I didn't know him. It was arranged as a matter of fact. And who are you to call this situation pathetic??????,, I think you seriously need to think before you post or make any RUDE comments. YES he is my cousin it doesn't mean that I would know him. Why are you automatically assuming and generalizing that I would "know much about him" because he was my cousin??? And There is nowhere in my post that I said that I am deciding what crimes he's committed and neither am i degrading or saying that CBSA are not experts in this field. And I am sure they will do the right thing... It's from what I know and having done my research on what kinds of crimes he's committed, from my understanding. I may be wrong.. I did not fail to carry out due diligence just because I didn't know him and that I had an arranged marriage and didn't know him due to that. In no way am I responsible for any of his behaviors for walking out on me and my child, (which I forgot to mention, his abusive behavior, and not to mention his abuse (domestic abuse)... And I will not let anyone tell me otherwise, including YOU. So I guess now your going to say, hmm we haven't heard his part of the story as to why he abused me physically too??? right? Anyways, if you have nothing good to say and no advice, might as well not say it at all and give your "humble opinion", especially not having heard the full story.
 

Aquakitty

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SenoritaBella said:
I don't think that's what she was asking though. Situations like these call for some cultural sensitivity. I'm sure you meant well, but saying she failed to do due diligence and married someone she didn't know sounds like "blaming the alleged victim", especially considering hers was an arranged marriage, which is the norm in her culture. She would have had to rely on her family to investigate his background and sometimes it's not possible to uncover everything or the other party does a good job of concealing information.
Also, divorce is frowned upon and is very hard on women from certain cultures. Some are not able to re-marry afterwards, especially if they have children already. She is hurting and truth spoken in love goes a long way.
I bet she has the opposite problem. It's probably difficult find a genuine spouse in a 3rd world country that isn't just after you for the PR status.

For that reason, fact remains, this is Canada. I think sometimes it's better if some cultural norms are no longer norms. OP, meeting someone on your level in Canada might be the way to go in the future. Whenever you have some power over someone you can never be sure of their true intentions. I think one of the most important parts of a genuine relationship is finding someone at a similar place in their lives. To live your life in Canada and follow archaic values like never getting married again because of divorce seems beyond silly.

But, there are plenty of people from all cultures that end up with a lying spouse!

That's one thing I don't understand about the "genuine relationship" criteria for some countries. What if someone in, say, India is more progressive and non-religious. Would they have a harder time proving their relationship? Or do the officers have enough common sense to know the difference between the fakers and the genuine.
 

mn10908

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Nov 26, 2015
6
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Senoritabella Thanks for your kind words. You are definitely right.. and one really good thing that has come out of this relationship is my son who's a blessing for me. I wake up every morning to see his bright big eyes looking at me and I can honestly say that he's really my inspiration, my pride and my courage that gets me through the hard days which is getting easier day by day not mention

... Yes it is somewhat difficult to move on due to culture and the fact that divorce is sometimes frowned upon in my culture, however as some of the members have stated about ,, getting married again one day is an avenue i'm willing to pursue and I am moving on now and not just holding on to the past and what he has done to me.. but that doesn't mean that I will just forget the injustices. @sashali, I was seeking advice as to what other avenues I may go about in making sure that justice is served... If seeking justice is called getting revenge for you, than so be it.
 

SenoritaBella

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I think officers are experienced to spot the difference, but they are wrong sometimes. Or they get it right (refusal), the sponsor appeals and wins only for the applicant to abandon the sponsor. I wouldn't want their job, at least not this category(family sponsorship).

I don't think being progressive/non-religious on it's own can be grounds for refusal. They look at the entire application and other factors. Probably a moot point for couples with similar backgrounds.

About cultural norms, it's not something that can be "legislated away". They have been passed down from generations and when raised in a culture, one can't "easily" depart from it. Besides, if you grow up seeing things done a certain way and it has worked for your parents, family, etc why would one think different?

Aquakitty said:
I bet she has the opposite problem. It's probably difficult find a genuine spouse in a 3rd world country that isn't just after you for the PR status.

For that reason, fact remains, this is Canada. I think sometimes it's better if some cultural norms are no longer norms. OP, meeting someone on your level in Canada might be the way to go in the future. Whenever you have some power over someone you can never be sure of their true intentions. I think one of the most important parts of a genuine relationship is finding someone at a similar place in their lives. To live your life in Canada and follow archaic values like never getting married again because of divorce seems beyond silly.

But, there are plenty of people from all cultures that end up with a lying spouse!

That's one thing I don't understand about the "genuine relationship" criteria for some countries. What if someone in, say, India is more progressive and non-religious. Would they have a harder time proving their relationship? Or do the officers have enough common sense to know the difference between the fakers and the genuine.
 

SenoritaBella

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That's the spirit! Good for you. It is well. Take care.

mn10908 said:
Senoritabella Thanks for your kind words. You are definitely right.. and one really good thing that has come out of this relationship is my son who's a blessing for me. I wake up every morning to see his bright big eyes looking at me and I can honestly say that he's really my inspiration, my pride and my courage that gets me through the hard days which is getting easier day by day not mention

... Yes it is somewhat difficult to move on due to culture and the fact that divorce is sometimes frowned upon in my culture, however as some of the members have stated about ,, getting married again one day is an avenue i'm willing to pursue and I am moving on now and not just holding on to the past and what he has done to me.. but that doesn't mean that I will just forget the injustices. @sashali, I was seeking advice as to what other avenues I may go about in making sure that justice is served... If seeking justice is called getting revenge for you, than so be it.