Spouse Sponsorship withdrawal

[Amitkumarn1984]

Hi guys,

i would like to share you my story and i really need your assistance over this.

Im an indian citizen married to a Canadian woman in india, we have been together over 7 years with true love and got married in 2018. she applied spouse visa for me end of the same year. due to long distance relationship we had few arguments and she cheated me without under my knowledge and saying she is pregnant.
I was about to attend my final interview with cic when she informed me but i didnt attend.
She also said that she has cancel my application but i can still its under process.
Now we are heading to divorce but i dont know yet how long it will take to get it as we haven't started yet and i dont now when it will happen.
Now my question is- how long it will take to cancel my application if she really send the request?
If there is no activity in the application what will be the result? will it effect of my next application if i will apply on my own?
Im still married to a canadian but can i still apply for PR on my own or work permit?
Im planning to write CIC the whole story and planning to withdrawal the application by my self.

kindly suggest!


Thanks

Amit Kumar

 

[Jets13]

Hi guys,

i would like to share you my story and i really need your assistance over this.

Im an indian citizen married to a Canadian woman in india, we have been together over 7 years with true love and got married in 2018. she applied spouse visa for me end of the same year. due to long distance relationship we had few arguments and she cheated me without under my knowledge and saying she is pregnant.
I was about to attend my final interview with cic when she informed me but i didnt attend.
She also said that she has cancel my application but i can still its under process.
Now we are heading to divorce but i dont know yet how long it will take to get it as we haven't started yet and i dont now when it will happen.
Now my question is- how long it will take to cancel my application if she really send the request?
If there is no activity in the application what will be the result? will it effect of my next application if i will apply on my own?
Im still married to a canadian but can i still apply for PR on my own or work permit?
Im planning to write CIC the whole story and planning to withdrawal the application by my self.

kindly suggest!


Thanks

Amit Kumar

It should not impact any of your applications if you tried to apply on your own in the future, like if you met the express entry points for example this failed marriage should not work against you.
What I can see it impacting is if you found another Canadian woman to marry, they may think you are marrying just to get into Canada and could look into your second marriage more thoroughly to see if its real.
If the marriage has broken down you should not continue with this application and try on your own.

 

[Amitkumarn1984]

Thank you for your reply-

My wife is forcing me to give her divorce, my question is- if she give a birth to that child while she is married to me will my name will be there as a father of the child?

Can i still apply PR while im married to her on my own? will my marriage will effect my case? or lets say we started divorce can i still apply during that period?

what would you suggest to withdrawal the application of my own or shall i wait until it gets automatically withdrawal.

Really appreciate your previous reply

 

[vensak]

Thank you for your reply-

My wife is forcing me to give her divorce, my question is- if she give a birth to that child while she is married to me will my name will be there as a father of the child?

Can i still apply PR while im married to her on my own? will my marriage will effect my case? or lets say we started divorce can i still apply during that period?

what would you suggest to withdrawal the application of my own or shall i wait until it gets automatically withdrawal.

Really appreciate your previous reply

Yes you can apply for a PR on your own, of course as long as it is not related to that sponsorship. (for example you can get express entry profile or a PNP nomination).
I guess the best way for you to know status of that application is to get GCMS notes for yourself. (that will tell you what has happened to your current application).

It is not automatic that you are a father of a child despite being married. However because you still are married, she can identify you as a father without anybody asking you to agree to that. You can also try to dispute that (but that topic is for a completely different forum).

 

[canuck78]

If she is wanting a divorce I doubt she would put you as a name on a birth certificate.

 

[vensak]

If she is wanting a divorce I doubt she would put you as a name on a birth certificate.

do not underestimate women and what they are capable to do.

 

[Amitkumarn1984]

Thank you for your reply once again.

When i told her that i will take legal action if child will come under my name, she clearly wrote she dont care as she iscanadain and she has rights whatever she wants, so what that would be if she still didnt give me divorce?

If i will ask for GCMS note which is costing $50 but can she also able to see that i have asked for it?
if i apply PR again on my own while she is still my wife will she come to know?
Now the new man in her life not from canada so if there any way she can bring him to canada if she didnt give me divorce?

waiting for your reply guys!
Thanks

 

[Jets13]

Thank you for your reply once again.

When i told her that i will take legal action if child will come under my name, she clearly wrote she dont care as she iscanadain and she has rights whatever she wants, so what that would be if she still didnt give me divorce?

If i will ask for GCMS note which is costing $50 but can she also able to see that i have asked for it?
if i apply PR again on my own while she is still my wife will she come to know?
Now the new man in her life not from canada so if there any way she can bring him to canada if she didnt give me divorce?

waiting for your reply guys!
Thanks

If she sponsors you for PR she then cannot sponsor another person under common law/spouse for three years after you land as PR. She is also responsible for you financially for 3 years even if you separate. She would have taken a promise to do that when she applied for your PR. I think that means if you go on welfare they might go after her to pay it back. But if you land as PR under spousal sponsorship but the marriage has broken down that could get you into trouble.

Search online for some information on divorce in Canada. I believe if you can prove she committed adultery (which would be easy if she had a child that is another mans) then you can get a divorce because she would be at fault. You can also get a paternity test done to see if the child is yours. Again I would research online how that can be done in Canada.

Also being Canadian or in Canada works both ways, in your favor too......in Canada you cannot be forced to be in a marriage you do not want to be in.

 

[PMM]

HI

Thank you for your reply once again.

When i told her that i will take legal action if child will come under my name, she clearly wrote she dont care as she iscanadain and she has rights whatever she wants, so what that would be if she still didnt give me divorce?

If i will ask for GCMS note which is costing $50 but can she also able to see that i have asked for it?
if i apply PR again on my own while she is still my wife will she come to know?
Now the new man in her life not from canada so if there any way she can bring him to canada if she didnt give me divorce?

waiting for your reply guys!
Thanks

1. She can leave the father's name blank on the birth certificate, you would have to go to court to get it added.
2. You can't apply for a no fault divorce in Canada until you are separated for 1 year, see a family lawyer for other options.
3. No, you will only see your information as you won't have permission to see those on her.
4. She can't sponsor him, unless they live together in a Common/law relationship for a year, then she could sponsor him.

 

[Amitkumarn1984]

Thanks again,

I am expecting now to give me divorce as its totally her fault what she has done and im not willing to do mutual content.

So in that case since in living in india what she will do? indeed she has to be my sponsor for 3 years but she is not proceeding my case further. so if i will have divorce papers and its under process can i still apply for PR?

 

[Amitkumarn1984]

Again i have her written messages and pictures of the guy that she has cheated me but i dont have any of her medical report which state that she is pregnant will that be enough to make my case stronger?

 

[Jets13]

HI



1. She can leave the father's name blank on the birth certificate, you would have to go to court to get it added.
2. You can't apply for a no fault divorce in Canada until you are separated for 1 year, see a family lawyer for other options.
3. No, you will only see your information as you won't have permission to see those on her.
4. She can't sponsor him, unless they live together in a Common/law relationship for a year, then she could sponsor him.

If she had a child with another man wouldn't that put her at fault?

 

[Amitkumarn1984]

If she had a child with another man wouldn't that put her at fault?

This is my biggest question being married she did that, well that she has done but later will she be count as corrupt citizen while again apply spouse for another man?

 

[Jets13]

This is my biggest question being married she did that, well that she has done but later will she be count as corrupt citizen while again apply spouse for another man?

If she is already legally married to you then she cannot marry another man, what she can do is live with him for one year then they will be common law and then she can apply for him. If she cancels your applications, divorces you then shes free to marry another man and then invite him. Shes free to do that, marriages break down people fall out of love, happens in Canada all the time. Im assuming they will look at her application more closely the second time and make sure their relationship is real. If their relationship is real then shes free to sponsor him.

 

[Amitkumarn1984]

So basically she has to give me a divorce and then live with him for a year? but she already has child with him i dont think she has to do that and second application will be much easier as it will be blood relationship.

but i guess she cannot do all this until she is legally gets separated from me right? even she has child belongs to another man?