Question about married spouse who is not with me and maybe headed to divorce

[johnbro]

HI
i am applying for Canadian PR under federal skilled worker program. There are questions about married spouse which needs my spouse details has to sign. Firstly, I dont have any details of her such as passport number or ID anything .. I only know her name ( i dont if its full correct name). Me and my spouse are not in good terms and are not living together and I don't know where she lives right now. I am headed toward divorce but I got married in a different country than what I am residing at right now and also want to pursue her to come in for mutual divorce. Obviously I am not sponsoring her or she is not going to accompany me to Canada. Do I still need to fill out this form and give her other details on other forms?
Thansk much

 

[Diplomatru]

Yes, technically you are married and the spouse MUST be a part of your application as per filling in her part and signing the schedule.

 

[canuck_in_uk]

Hi

There was a recent applicant in the midst of separation/divorce that submitted a PR app without including her spouse. I believe that CIC required her to submit a notarized statement regarding the separation and proof that she'd filed for divorce.

 

[future_canadian]

Hi

There was a recent applicant in the midst of separation/divorce that submitted a PR app without including her spouse. I believe that CIC required her to submit a notarized statement regarding the separation and proof that she'd filed for divorce.

So long as you are married and have not filed for divorce you MUST include all the information, documents and forms listed on the document checklist for a spouse.

If you have filed for divorce you can get away with less but must provide documentation of the filing.

 

[canuck_in_uk]

So long as you are married and have not filed for divorce you MUST include all the information, documents and forms listed on the document checklist for a spouse.

If you have filed for divorce you can get away with less but must provide documentation of the filing.

Pretty much exactly what I said...

 

[johnbro]

Thanks much guys

I can file divorce but I am not sure of the exact address (since she is in a different country) but I still want to try for mutual divorce before I go with filing the divorce with accusations but I cannot go back to home country because of work.

1 ) Can I include a letter with the applciation stating the same will they accept this?
2) Or I will file for divorce but do I have to show proof of it being served to her cause I am not sure of the exact address?

Thanks

 

[future_canadian]

Thanks much guys

I can file divorce but I am not sure of the exact address (since she is in a different country) but I still want to try for mutual divorce before I go with filing the divorce with accusations but I cannot go back to home country because of work.

1 ) Can I include a letter with the applciation stating the same will they accept this?
2) Or I will file for divorce but do I have to show proof of it being served to her cause I am not sure of the exact address?

Thanks

Isn't there any way you can contact her?

I'm not sure what you mean by mutual divorce vs filing for divorce. You mean the issue of whether the divorce will be contested or not? What CIC wants to see is an official document that shows that the legal process of you divorcing is underway. It should be an official document, not just an explanation from you.

 

[aurora2014]

Isn't there any way you can contact her?

I'm not sure what you mean by mutual divorce vs filing for divorce. You mean the issue of whether the divorce will be contested or not? What CIC wants to see is an official document that shows that the legal process of you divorcing is underway. It should be an official document, not just an explanation from you.

In some countries it's very easy and cheap for two parties to get divorced if the decision is mutual and both of them consent. Conversely, it can be nearly impossible in those places to get a divorce if one party does not agree to it.

 

[johnbro]

Thanks much furture_canadian -

I can try contacting by email but I dont know if she will respond correctly. But no other contact details of her.

I will file for divorce legally but do they need to know it's been served (legal word for her receiving the divorce filing) to the other party.

Note: Yes as Aurora pointed out - In some countries .. you cannot get a divorce for more than 30 -40 years if one party does not consent...

 

[future_canadian]

Thanks much furture_canadian -

I can try contacting by email but I dont know if she will respond correctly. But no other contact details of her.

I will file for divorce legally but do they need to know it's been served (legal word for her receiving the divorce filing) to the other party.

Note: Yes as Aurora pointed out - In some countries .. you cannot get a divorce for more than 30 -40 years if one party does not consent...

There's no requirement to prove service to CIC.

Good luck.

 

[johnbro]

Hi GUys

I filed the Divorce but on the application forms there are options for Single, Married, Legally separated, divorced which would be the right option to select.
Divorced may not be correct since I have only filed at this point.
Legally separated is a separate status where you only decide to live separately and no financial obligations after.
So Should I select married or Single and send the divorce filing as proof.

thanks much

 

[susana]

Johnbro, you are not single, you are still married...not divorced yet, so you either select married or legally separated. Single is not an option for you as means never married.

 

[johnbro]

So Married or Legally Separated?

I am leaning toward married and then write something on the form to indicate divorce is filed and attach the proof. Is this good enough..pls advice. Thanks much