Wife does have right to file a case on husband in canada as a visitor visa

[siddartha]

Hi Guys,

My wife is living in India and i'm living in Canada after get married. Now I'm planning to take divorce with my wife and we were separated for one year as well.Now she decided to come down to Canada as a visitor visa to file a case on me. My queostion is that does she have right to file a case on me in Canada once she landed as a visitor in Canada ( she never lived in Canada before but now she is having visitor visa). what are rights does she have on me , if she landed in Canada as a visitor. plz help me.

Thanks in advance

Regards
Siddarth

 

[scylla]

This isn't an immigration issue. You should speak with a lawyer specializing in Family Law to understand what your wife can or cannot do against you in Canada.

 

[Bryanna]

Scylla

Yesterday the OP posted another thread asking how to stop his girlfriend (who used him to get a TRV) from visiting Canada.... and you had advised him accordingly.

Today, he wants to stop his wife from visiting Canada on a TRV.

Perhaps, the OP should be honest and give the true picture if he wants advice

 

[scylla]

Scylla

Yesterday the OP posted another thread asking how to stop his girlfriend (who used him to get a TRV) from visiting Canada.... and you had advised him accordingly.

Today, he wants to stop his wife from visiting Canada on a TRV.

Perhaps, the OP should be honest and give the true picture if he wants advice

Agreed - I noticed that as well. I suspect he is in fact married and there was a dowry involved. Now something has gone wrong - and his wife and her family understandably want the dowry back.

 

[siddartha]

Hi scylla,

She is my wife ( true picture )

I have not taken any dowry dude.

I will tell you the reason behind this is she had affairs before get married and she is continued after marriage, i got pissed off because she never build trust to me and she never spoke to me till date, we hardly talk monthly once, now you should tell me , should i continue the relationship,
is this is relationship that wife and husband speaks for monthly once. I can't all these stuff in email, so i asked my problem in my email.i hope you understand the relations ,relationship, emotions and feelings . Thank you.

don't get conclude by seeing just two lines.

 

[scylla]

don't get conclude by seeing just two lines.

The reason why we are concluding is because your stories have been inconsistent (on the one hand you are taking about a girlfriend and a TRV, then you are asking about a wife - in earlier posts you are taking about sponsoring your spouse through family class). It's very confusing to understand what is really happening. Best to keep your story consistent and true/accurate. This allows us to give you the best advice and prevents us from jumping to conclusions. It's perfectly normal for people jump to conclusions when a story isn't consistent - because then the natural assumption is that someone has something to hide if they are not being completely truthful. That would be my advice to you to get the most information and help from this forum.

If your (ex) wife does want to pursue you legally - the way she would do this is through engaging a Canadian lawyer to represent her (I don't think she even needs to be in Canada do to this - she can do this from overseas and have the lawyer represent her). So it would be in your best interest to get some basic advice from a family lawyer about your situation and if there anything you need to do now to prevent issues later.

 

[Bryanna]

@siddartha

I concur with Scylla. If the information you post is consistent then it will be easy for us to advise you.

If indeed you are in a marriage where your wife has a history of adultery then you can seek suitable legal remedies.... particularly if you have documentary evidence against your wife. As you probably know, adultery and desertion are grounds for divorce in Indian courts. However, I must add that it is not easy to prove adultery even in an Indian court.

I agree with Scylla: Your wife need not come to Canada to file a case on you.... she can do it from India itself.


An aside:
If your wife is aware of the Hague Convention, she can file a divorce case in India.... and serve the judicial documents/summons on you (in Canada) while she remains in India..... because India and Canada are Commonwealth countries.... and have signed the Hague Service Convention. Anyway


Please do get suitable legal advice from family lawyer


All the best

 

[sibhav]

is it Amit or Siddharht ??

 

[siddartha]

Thank you for valuable information

But here is the case , she is not coming for divorce here, she wants to settle down in Canada in the name of filing case on me, She does not want to live with me , my intentions are clear, if she does not want to stay with me in canada, why should i allow her to get immigration in Canada. She is not filing case on me in India because she does not want to separate from me , she wants to settle in canada and get money from me.


Thank you again

Regards
siddhartha

 

[canuck_in_uk]

But here is the case , she is not coming for divorce here, she wants to settle down in Canada in the name of filing case on me, She does not want to live with me , my intentions are clear, if she does not want to stay with me in canada, why should i allow her to get immigration in Canada. She is not filing case on me in India because she does not want to separate from me , she wants to settle in canada and get money from me.

She can't just immigrate to Canada because she's married to you or wants to file a case against you. Obviously you don't want to sponsor her as your wife, so she would need to qualify independently for one of the economic immigration streams to actually immigrate to Canada.

As scylla said above, this is not an immigration matter. Go speak to a Family Law lawyer.

 

[zardoz]

Also, if you are currently involved in any form of immigration application, immediately cancel it. Do not wait to see what happens....

 

[Msafiri]

Hi Guys,

My wife is living in India and i'm living in Canada after get married. Now I'm planning to take divorce with my wife and we were separated for one year as well.Now she decided to come down to Canada as a visitor visa to file a case on me. My queostion is that does she have right to file a case on me in Canada once she landed as a visitor in Canada ( she never lived in Canada before but now she is having visitor visa). what are rights does she have on me , if she landed in Canada as a visitor. plz help me.

Thanks in advance

Regards
Siddarth

Understandably those hoping to help you out with advise have got confused over lack of clarity and conflicting messages you've presented. Do you have a spouse application in process at this time? Typically TRV applicants (non visitor visa exempt) especially those from 'less' developed countries that have a Canadian Spouse have a difficult time getting TRV approvals. As advised the first step to dealing with this issue from an immigration aspect is to withdraw any sponsorship in writing if there is one in place. Resolving the legal aspects of your marriage be it divorce, separation etc are nothing to do with CIC...see a lawyer.

 

[siddartha]

Hi Guys,

I have cancelled all sponsorship applications ( PR application) but she had visitor visa, Don't know how to stop her coming to Canada .Does it effect my status in CANADA .


Thanks in advance


Thanks to all guys who gave reply to my posts ( REALLY APPRECIATED)

Regards
Siddarh

 

[zardoz]

Hi Guys,

I have cancelled all sponsorship applications ( PR application) but she had visitor visa, Don't know how to stop her coming to Canada .Does it effect my status in CANADA .


Thanks in advance


Thanks to all guys who gave reply to my posts ( REALLY APPRECIATED)

Regards
Siddarh

If she has a visitor visa, you cannot block her from using it.
There is no obvious reason that your status would be impacted, unless there is something that you haven't told us.

 

[siddartha]

Hello,

I Clearly mention everything in my above post. So i have no worries then. Thanks a lot .