Victim of Marriage Fraud - Please Help

[Trust Him]

Hi Everyone this is my first post here and am appealing to all forumites for any help or suggestion.

Situation:
I am a PR holder & got married early this year to a girl in India (arranged marriage). We got engaged and got married but it was just court marriage (On Paper). When i came back to Canada I had called CRA and updated my status to married (as per the law requirement). Then the waiting started and she never showed any interest in any matter of mine. Whether it was the sponsorship file application or even my life. Anything i asked her to do would take forever. So eventually i started to get the feeling that she likes someone else. Finally after an argument last August she boldly told me that she cant live with me and gave me all the sh*t in the world. I told her it might be time that we need to sort out this gap. Luckily by that time i was still awaiting to put up her file (still awaiting now). Finally between then and now when she turned her back totally on me and became cold to my feelings i accepted and called her parents and told them that we need to separate.

Now the problem starts. They are not agreeing to it and are blaming me whereas clearly it was her fault. They are trying to force me to sponsor their daughter because now its clear that they did a "Marriage of Convinience". These are their options:
Option 1- Sponsor her and let her come to Canada and then get divorced in Canada. But that is against the law and i told them clearly in no circumstance i will do that because firstly its Fraud & secondly I wont be able to move ahead in life then.
Option 2- They will file a Marriage Fraud lawsuit against me if i dont agree to Option 1 (whereas i have done nothing)? According to them i have spoiled their daughter's life. WTF!!! What about my life being devastated.


I really don't know what to do. Any suggestions Guys!!! 3

I really am in a bad shape because I am an immigrant and cant afford lawyer fees. would calling CBSA and reporting my case help me or make it worse. I'm so worried cant concentrate on my Job or studies. I feel so down.

Please Help

 

[Awesomeg]

I don't think that this is marriage fraud...
When you have an arranged marriage things like this can happen...
Obviously she doesn't want to maintain the relation.....
And as far as I can see the marriage was not consummated...
technically there is no marriage yet...
Legally you are married... and you can solve that matter....
In Canada you don't need a lawyer... you can visit the Queens Bench ( Local Court ) in your province
and ask for a copy of an affidavit of divorce to be filled...
you can fill the form and be your own lawyer .... and you wont spend very much....maybe less than
a hundred dollars between fees and related.....
try to fill the forms and submit... I believe that you need 3 copies (photocopies)...
the clerks in the office might guide you about technical details... or at least where to find the information
to solve any difficulty you may encounter....

After one year of separation the divorce will be allowed,
You may need to consult a legal Aid office to learn about some details... for example how to serve the affidavit of divorce to her,
as she is in India.... Legal Aid office do that kind of consultations for free...
or if your income is limited you can ask for "legal Aid",
Every province has that service for low income persons that need a lawyer...
you may need to pay a minimum fee.. but they will do all the paper work for you...

Good luck...
and, naturally, you don't need to sponsor her...
I am sorry that your marriage did not work out... the rate of success for arrange marriages is high....
but too bad that you did not find a good match....

Hi Everyone this is my first post here and am appealing to all forumites for any help or suggestion.

Situation:
I am a PR holder & got married early this year to a girl in India (arranged marriage). We got engaged and got married but it was just court marriage (On Paper). When i came back to Canada I had called CRA and updated my status to married (as per the law requirement). Then the waiting started and she never showed any interest in any matter of mine. Whether it was the sponsorship file application or even my life. Anything i asked her to do would take forever. So eventually i started to get the feeling that she likes someone else. Finally after an argument last August she boldly told me that she cant live with me and gave me all the sh*t in the world. I told her it might be time that we need to sort out this gap. Luckily by that time i was still awaiting to put up her file (still awaiting now). Finally between then and now when she turned her back totally on me and became cold to my feelings i accepted and called her parents and told them that we need to separate.

Now the problem starts. They are not agreeing to it and are blaming me whereas clearly it was her fault. They are trying to force me to sponsor their daughter because now its clear that they did a "Marriage of Convinience". These are their options:
Option 1- Sponsor her and let her come to Canada and then get divorced in Canada. But that is against the law and i told them clearly in no circumstance i will do that because firstly its Fraud & secondly I wont be able to move ahead in life then.
Option 2- They will file a Marriage Fraud lawsuit against me if i dont agree to Option 1 (whereas i have done nothing)? According to them i have spoiled their daughter's life. WTF!!! What about my life being devastated.


I really don't know what to do. Any suggestions Guys!!! 3

I really am in a bad shape because I am an immigrant and cant afford lawyer fees. would calling CBSA and reporting my case help me or make it worse. I'm so worried cant concentrate on my Job or studies. I feel so down.

Please Help

 

[mikeymyke]

Good news for you is that because her file is still pending, you can just simply cancel the sponsorship for her and she won't be able to even land here. I'm not experienced with divorce when the applicant hasn't landed yet and the sponsor declares he's married to CRA, so maybe someone here can guide you on that.

 

[Trust Him]

Thank you so Much. You have no clue how helpful your reply was.

At least i can gain control on my nerves now

Now another question I'm sure she wont sign the papers so easily mainly due to the pressure of her parents and relatives who always want to make an issue out of nothing. I am getting threatening calls from her relatives from all around the world, Canada, USA.

What do you think of informing CBSA? I really dont want things to get complicated just want both of us to move on in life. But if they threaten me. I am not sure of anything.

Thanks Again for your awesomeness.

I'll wait for a few posts to give you the most +1's.

I don't think that this is marriage fraud...
When you have an arranged marriage things like this can happen...
Obviously she doesn't want to maintain the relation.....
And as far as I can see the marriage was not consummated...
technically there is no marriage yet...
Legally you are married... and you can solve that matter....
In Canada you don't need a lawyer... you can visit the Queens Bench ( Local Court ) in your province
and ask for a copy of an affidavit of divorce to be filled...
you can fill the form and be your own lawyer .... and you wont spend very much....maybe less than
a hundred dollars between fees and related.....
try to fill the forms and submit... I believe that you need 3 copies (photocopies)...
the clerks in the office might guide you about technical details... or at least where to find the information
to solve any difficulty you may encounter....

After one year of separation the divorce will be allowed,
You may need to consult a legal Aid office to learn about some details... for example how to serve the affidavit of divorce to her,
as she is in India.... Legal Aid office do that kind of consultations for free...
or if your income is limited you can ask for "legal Aid",
Every province has that service for low income persons that need a lawyer...
you may need to pay a minimum fee.. but they will do all the paper work for you...

Good luck...
and, naturally, you don't need to sponsor her...
I am sorry that your marriage did not work out... the rate of success for arrange marriages is high....
but too bad that you did not find a good match....

 

[Trust Him]

Thanks for the support. I haven't even filed for sponsorship approval. On the CRA website it was stated that you have to let CRA know about you marriage within the last day of the 2nd month of marriage. I don't want to do anything that is against the law specially being an immigrant so i notified them.

Hopefully I will get more opinions on this matter. Fingers Crossed!!! :-\

Good news for you is that because her file is still pending, you can just simply cancel the sponsorship for her and she won't be able to even land here. I'm not experienced with divorce when the applicant hasn't landed yet and the sponsor declares he's married to CRA, so maybe someone here can guide you on that.

 

[mikeymyke]

As for the threat of lawsuit, they have no case. You weren't involved in marriage fraud, just simply unknowingly married a woman who didn't love you. They won't be able to prove you were involved in any form of marriage fraud. They're just simply trying to scare you to go through with the marriage. They don't realize that it's you, the sponsor, who is in the driver's seat and can simply cancel the entire sponsorship with a phone call.

I'm not familiar with divorce in India, but I think even if she refuses to sign the divorce papers, but you agree to, then the judge will issue a default divorce judgment right?

 

[Trust Him]

Not sure how it works in Indian Law. My parents are trying to hire a lawyer there because its cheaper.

And moreover if they file a lawsuit it would have to be under proper jurisdiction, in this case it has to be in India. Its just my thinking.

As for the threat of lawsuit, they have no case. You weren't involved in marriage fraud, just simply unknowingly married a woman who didn't love you. They won't be able to prove you were involved in any form of marriage fraud. They're just simply trying to scare you to go through with the marriage. They don't realize that it's you, the sponsor, who is in the driver's seat and can simply cancel the entire sponsorship with a phone call.

I'm not familiar with divorce in India, but I think even if she refuses to sign the divorce papers, but you agree to, then the judge will issue a default divorce judgment right?

 

[Awesomeg]

Not sure how it works in Indian Law. My parents are trying to hire a lawyer there because its cheaper.

And moreover if they file a lawsuit it would have to be under proper jurisdiction, in this case it has to be in India. Its just my thinking.

No, the divorce here in Canada is totally valid....
you don't need to divorce in India.... If your parents want to do the divorce over there is another story...

You follow what you feel is more convenient for you

 

[Trust Him]

Thanks Again.

Here its faster I heard that. So i'll go according to your earlier instructions.

In the context another question. What if she refuses to sign? Her family members are are the main problem. :'(

No, the divorce here in Canada is totally valid....
you don't need to divorce in India.... If your parents want to do the divorce over there is another story...

You follow what you feel is more convenient for you

 

[Awesomeg]

Thanks Again.

Here its faster I heard that. So i'll go according to your earlier instructions.

In the context another question. What if she refuses to sign? Her family members are are the main problem. :'(

That is not a problem....
she doesn't need to sign....
You need to talk to a "documents serving" specialist...( process servers )
they will know what to do in the case nobody is available to sign....

You can find a person that serves documents in your locality ... just search in internet...
or you can also ask in court for recommendations of somebody to serve the affidavit of divorce to her...

the courts know names of persons that do the job... normally are retired police officers....

they will know how to handle a case that is in another country..... that is not a problem

 

[Trust Him]

You are the best
Thanks again Friend!!!

That is not a problem....
she doesn't need to sign....
You need to talk to a "documents serving" specialist...( process servers )
they will know what to do in the case nobody is available to sign....

You can find a person that serves documents in your locality ... just search in internet...
or you can also ask in court for recommendations of somebody to serve the affidavit of divorce to her...

the courts know names of persons that do the job... normally are retired police officers....

they will know how to handle a case that is in another country..... that is not a problem

 

[rhcohen2014]

i would also suggest tracking and saving every call, letter, email, text or whatver you get from her and her family so you have significant proof of harassment if/when it's needed.

as mikey said, you have all the control here, and they know it. YOU are the sponsor, and can decide at anytime before or during the process if you choose to continue with the responsibility. since you haven't sent in the paperwork they are certainly trying to harass you into doing it. just stay strong and dont. When they contact you, let them yell, scream, threaten (As long as you are safe) - whatever dumb things they do- and make sure to record it, copy it, print it, and SAVE IT! don't fight back, don't engage in the anger. just take deep breaths and keep your mouth shut. let them dig their own graves and either notify the police or keep the evidence for your attorney.

also, you don't need her permission to divorce her. find an attorney, file for divorce and ask her to leave. if she's not on your lease (if you rent) and she refuses to leave, then notify the police. OR find another place to live, and don't tell her where you are going. Just bcause you are married, you are not obligated by law to provide her with anything. marriage issues are a civil matter, and you can't get arrested or deported because you want a divorce. let whatever CANADIAN court decides divorces dictate what, if anything, is owed. have all your proof ready to show them, and keep it somewhere safe so she or her family can't get a hold of it. also make sure to have multiple copies of EVERYTHING!!!!

As for your culture in india. one would imagine there are leniencies for matters such as this, when it can be proven the entire family is a part of the scam? if not, i'm very sorry for whatever you and your family will have to deal with.

 

[canadianwoman]

These are their options:
Option 1- Sponsor her and let her come to Canada and then get divorced in Canada. But that is against the law and i told them clearly in no circumstance i will do that because firstly its Fraud & secondly I wont be able to move ahead in life then.
Option 2- They will file a Marriage Fraud lawsuit against me if i dont agree to Option 1 (whereas i have done nothing)? According to them i have spoiled their daughter's life. WTF!!! What about my life being devastated.

For 2, do as the poster above suggested, and keep all evidence of their pressure on you. It is clear that the marriage of convenience is her and her family's plan, not yours.
For 1, you have not submitted the application yet, right? You should not - the marriage has broken down, and legally you are no longer eligible to sponsor her. To do so, you would have to lie to CIC and the visa office. If you have submitted the application, you can withdraw it at any time because of marriage breakdown.

However, to deal with her and her family, you might want to point out to them the following facts: 1. it was just a court marriage, not the big traditional marriage ceremony the visa officers in India expect when both bride and groom are Indian. Therefore they will be suspicious, and will almost certainly call for an interview. At the interview they will ask you wife about her contact with you, and details about your life in Canada. Since she doesn't know these things, she is unlikely to pass the interview, and the visa will be refused. Her family could insist you appeal, but the wife still has to show that your marriage is genuine. She can't, so you'll lose the appeal too.
2. Recent marriages with no children result in a conditional PR where the sponsored spouse and the sponsor have to stay together for two years after the spouse lands in Canada. So she and her family may expect you to sponsor her, and her to just walk away once in Canada, but if she does so, or tries to get a divorce right away, she will lose her PR. Some have tried to get around this by claiming that their sponsor abused them - do you want to risk her trying that, and then you having to defend yourself?
3. If you sponsor her and she gets a PR visa and lands, and CIC does not catch her, you are responsible for her for three years - meaning if she goes on welfare, you will have to pay back the government. As well, during those three years you cannot sponsor a new spouse. And she will not be able to sponsor a new spouse for five years after landing.

 

[Trust Him]

i would also suggest tracking and saving every call, letter, email, text or whatver you get from her and her family so you have significant proof of harassment if/when it's needed.

as mikey said, you have all the control here, and they know it. YOU are the sponsor, and can decide at anytime before or during the process if you choose to continue with the responsibility. since you haven't sent in the paperwork they are certainly trying to harass you into doing it. just stay strong and dont. When they contact you, let them yell, scream, threaten (As long as you are safe) - whatever dumb things they do- and make sure to record it, copy it, print it, and SAVE IT! don't fight back, don't engage in the anger. just take deep breaths and keep your mouth shut. let them dig their own graves and either notify the police or keep the evidence for your attorney.

also, you don't need her permission to divorce her. find an attorney, file for divorce and ask her to leave. if she's not on your lease (if you rent) and she refuses to leave, then notify the police. OR find another place to live, and don't tell her where you are going. Just bcause you are married, you are not obligated by law to provide her with anything. marriage issues are a civil matter, and you can't get arrested or deported because you want a divorce. let whatever CANADIAN court decides divorces dictate what, if anything, is owed. have all your proof ready to show them, and keep it somewhere safe so she or her family can't get a hold of it. also make sure to have multiple copies of EVERYTHING!!!!

As for your culture in india. one would imagine there are leniencies for matters such as this, when it can be proven the entire family is a part of the scam? if not, i'm very sorry for whatever you and your family will have to deal with.

I have just replied to their every call by saying they can do whatever they want because i know i am right and hence have nothing to prove or hide. I was thinking of recording the call but it is said to be violation of privacy. But i have the chats in which she was rude and gave me attitude and she also tried to cancel the marriage herself first when i came to know that it was a "Marriage of Convinience", but later i guess she just wanted PR so turned around. And i also have call records & Chats to prove that i was trying my best to maintain this relationship.

Thanks so much for trying to help me. Sometimes people you don't know are better people. Here everyone tries helping without expecting anything in return. Thanks again Friend!!!

For 2, do as the poster above suggested, and keep all evidence of their pressure on you. It is clear that the marriage of convenience is her and her family's plan, not yours.
For 1, you have not submitted the application yet, right? You should not - the marriage has broken down, and legally you are no longer eligible to sponsor her. To do so, you would have to lie to CIC and the visa office. If you have submitted the application, you can withdraw it at any time because of marriage breakdown.

However, to deal with her and her family, you might want to point out to them the following facts: 1. it was just a court marriage, not the big traditional marriage ceremony the visa officers in India expect when both bride and groom are Indian. Therefore they will be suspicious, and will almost certainly call for an interview. At the interview they will ask you wife about her contact with you, and details about your life in Canada. Since she doesn't know these things, she is unlikely to pass the interview, and the visa will be refused. Her family could insist you appeal, but the wife still has to show that your marriage is genuine. She can't, so you'll lose the appeal too.
2. Recent marriages with no children result in a conditional PR where the sponsored spouse and the sponsor have to stay together for two years after the spouse lands in Canada. So she and her family may expect you to sponsor her, and her to just walk away once in Canada, but if she does so, or tries to get a divorce right away, she will lose her PR. Some have tried to get around this by claiming that their sponsor abused them - do you want to risk her trying that, and then you having to defend yourself?
3. If you sponsor her and she gets a PR visa and lands, and CIC does not catch her, you are responsible for her for three years - meaning if she goes on welfare, you will have to pay back the government. As well, during those three years you cannot sponsor a new spouse. And she will not be able to sponsor a new spouse for five years after landing.

Thanks a lot canadianwoman!!!.

I did convey her before the marriage about the conditional PR and other situations but i guess she knew no matter what I will be her ATM for 3 years anyways. Luckily i didn't put up an application to sponsor her and i am not doing it because I will be violating Canadian Laws and will be at fault.

You being a female have understood a man's side of the situation. Hats off to you!!! Respect is what you just earned from me.

 

[mikeymyke]

Tell her to come as a skilled worker if she wants to come here so bad.

Just record their voices anyway, if it wont be legal in court, delete them. If it is legal, then at least you have them.