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Separated from wife but no divorce. CIC asked for divorce certificate. What should I do?

Discussion in 'Permanent Residence in Canada' started by jonnclk22, Nov 26, 2017.

  1. Hi,

    I applied for PR through express entry ITA earlier this month. I mentioned marriage status as - Legally separated. CIC has requested a divorce certificate. However, we aren't divorced yet. She asked me to fill paperwork for Stipulated divorce which I did last month. She has provided me with a notarized affidavit of separation declaring that she's unwilling to go through medical examination and police check and that she understands that she will no longer be eligible for Sponsorship to Canada. I provided CIC with that affadvit from her.

    Then last night, she sent me a proof of payment for submitting divorce case with a docket number in the court. I sent CIC that as well in a CSE.

    I am worried that CIC will reject my case as incomplete. Has anyone else gone through the same process? Will I be ok?
     
  2. I'm not in this particular situation and have never been either, but it all boils down to the fact that there was paperwork missing ( for them) to proof your marriage status. But since you sent them all the paperwork, it should be fine. Anyhow, a 100% guarantee is not given obviously, we are talking about immigration. ;) But It also might take longer now since they will quite possibly review your application.
     
  3. Hi,

    I am on the same boat. I put legally separated on my status when I submitted my PR application. Now, CIC came back to me and is asking me to provide medical examination, police certificate, etc from my ex-spouse which is impossible as we are not in good terms. What I did was I applied for divorce and was signed by the judge and got stamped from the court as well. Do you think that this " filing of divorce" is enough to prove them that there is no chance of me and my ex-spouse on getting back together? I am afraid that CIC might ask for divorce certificate which of course will take time.
     
  4. You did the right think. Additionally, you can raise a CSE and submit an affidavit that your spouse is uncooperative w.r.t pcc and medicals etc. and you understand that you'll never be able to sponsor her to immigrate to Canada. Together, the divorce filing and affidavit should be fine.
     
  5. Thank you so much for your reply. I did put in my letter of response that “I understand that I will be never be able to sponservmy ex-spouse to immigrate to Canada and the filing of divorce that I did shows that there is no reconciliation that will be happening. Now I am relieved Ü
     
    jonnclk22 likes this.
  6. Btw, what happened to your case? Do you have a divorce certificate already? Do you think CIC will come back to me and ask for the certificate as well? I only have the court of filing as of the moment.
     
  7. I submitted the affidavit and the court documents with docket number demonstrating that we were indeed separated and the divorce was underway. I don't have a divorce certificate either but it's fine since we have demonstrated evidence of separation and valid grounds for not being able to provide spouse's pcc / medical etc.
     
  8. Hi jonnclk22, after submitting the affidavit and the court documents, did cic come back to you? i am in the similar situation where i submitted similar documents in November, but did not hear anything after that and my application is still under process. May i know when did you submit your additional proof of separation last to CIC. Thanks
     
  9. On Nov 25th. I didn't hear anything from the CIC. So I called them and they said it was fine.
     
    orangeee likes this.
  10. Hi jonnclk22,

    When you say affidavit is it something to do with an explanation from a family lawyer? What i have submitted aside from documents from the court, I also submitted an explanation letter coming from my family lawyer stating that there is no formal documents as for separation but only divorce. That is why i filed a divorce right away to support my claim.

    Let’s hope for the best and if we can keep ourselves updated just to see whats going on that would be greatly appreciated. ☺️

    Thank you!
     
    bkmsathi likes this.
  11. This is what I used:

    AFFIDAVIT OF SEPARATION:

    I, ______________________________, date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ hereby certify that I am separated and estranged from my spouse (name of spouse)_______________________ date of birth _______________ (mm/dd/yyyy) and holder of Passport no. _____________ issued by (country) _________________________ since _______________ (mm/dd/yyyy). I further certify that I do not intend to reconcile with my spouse.


    I intend to take following legal action with regard to my marital status:

    _________________________________________________________________________


    I, __________________________________, further certify that my spouse (name of spouse)_______________________ does not wish to undergo medical examination and police clearance process for the purposes of immigrating to Canada. I understand that such a refusal will render my spouse ineligible to be sponsored for immigrating to Canada at any time in the future if reconciliation were to occur prior to any legal changes to my marital status cited above.

    Under penalties of perjury, I certify the above representations to be true as of the date shown below.


    __________________________________________ ______________________


    Your name (Signature) Date



    __________________________________________ ______________________

    Signature Notary Public / Commissioner of Oaths Date
     
    ThenmozhiGv likes this.
  12. Hey John,

    Thanks a bunch for the affidavit template. It helps.

    BTW, did you hear anything from CIC? Please post it on this forum what happens on your case. It will be a big big help mate.

    Warm Wishes.
     
  13. Hey, yeah. I called the CIC and had a chat with them regarding the situation and they said it was fine; that they get quite a bit of cases like these. It just takes a little longer to process the applications but as long as you are transparent and honest about your situation and take adequate steps to demonstrate that you've done whatever you could have possibly done, they'll process your application. Fortunately, my divorce certificate came through within 2 months of filing as my spouse was in a hurry to be with the guy she cheated with, that worked in my favor w.r.t faster processing.
     
    ThenmozhiGv likes this.
  14. Ok.. Good to hear.. Happy that things went well for you..

    My case is that I have filed a case before an year and it is still going on..

    I have the court acknowledgement that the case has been filed.. In addition, I will prepare a separate affidavit.. These are the only documents I will have.. Hope CIC will be fine..
     
  15. orangeee,

    I am exactly in the same situation as you.. Please keep us posted on what happens with your application.. It will be a big help..

    Many Thanks.
     

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