Will filing a Divorce hurt my PR Status - App Dt:April 2012 / Landed on:Feb 2013

[robyaqua]

Hi,

I got married (in a Indian Temple) to the Permanent resident of Canada on 25th Aug 2011 and Registered our Marriage (In Indian Court) on 26th Aug 2011 in India after which my wife left for Canada. Before leaving for Canada my wife and I along with all hers and mine family members decided to have a full Traditional Marriage in India on 29th Jan 2012. We arranged this traditional marriage just for the sake of both sides relatives and friends who missed the initial wedding on 25th Aug 2011 as most of her family members live in Canada and they were not able to come at that time.

After the Traditional marriage on 29th Jan 2012 we had a honeymoon in February 2012 and then my returned to Canada. After which we applied for the Spousal sponsorship around April 2012. We got the application approved and One time Immigrant Visa (Dated 06 Aug 2012 with the expiry date of 19th Feb 2013) was stamped on my passport.

I started searching for a job in Canada so that I should not be a burden on my spouse as she was earning only 38K / Year at that time. And she also said that she wants me to find a job first. After trying my level best for around 6 months as I was in India nothing materialized. So I landed in Canada and became Permanent resident on 06 Feb 2013 and I stayed with my wife in Vancouver for 1 month. I returned to India on 6th March 2013. I kept searching for a Job in Canada but consultants told me that it would be very difficult if not impossible to get a job in Canada while I'm staying in India.

On 11 March 2013 my company (existing employer) deputed me to US location on H1B visa. After receiving my PR Card in April 2013 (My wife sent it to me in US). I requested my employer to depute me in Canada as they have a Incorporated Office in Toronto and Ottawa. They deputed me to Canadian Office in Toronto on 11 Aug 2013.

Since our marriage My spouse (Sponsor) started pushing me saying when you will buy a house for me in Canada and when you will make me financially secure. I used to reply that once I get a Job and after 4-5 years will buy a house and as far as Financial security is concerned I'm not a magic wand that can make people secure. Further, she started cribbing that you are earning a good salary in India ($ 24000 / Year) and you never asked me if I need anything. You never asked my parents (My sponsor's parents) who live in India if they need any support. In January 2013 her father asked for financial help on returnable basis but he never returned that money.

Last week when I called her she asked for $ 3000 and when I asked her why for what purpose she said you don't have to know. But later she told me that she has to pay for her CMA fee and she also told me that she had a loan of $ 20000.

Last night she said if you want to live with me then you have to take care of housing, rent, groceries, utilities and all other things and she is not going to pay a single penny from her pocket. She said that otherwise will live separately. These conditions and her money mindedness and lack of love coupled with frequent fights, name calling and other mental tortures are not acceptable to me. She was from the first day was asking for financial intimacy instead of love or caring.

So I need to know what are my option. Does Conditional Permanent Residency applies to me? I got my file approved in July 2012, got the immigrant visa to become permanent resident in Aug 2012 but I landed in Canada on Feb 2013 just before expiry of the visa as I was searching for a job in Canadian market.

Regards,
Roby

 

[scylla]

Your question has already been answered here:

http://www.canadavisa.com/canada-immigration-discussion-board/question-about-conditional-pr-application-dt-jun-2012-landed-on-feb-2013-t161785.0.html

Please don't start a new thread repeating the exact same questions. If you have additional questions, please let us know what they are in your original thread.

 

[robyaqua]

Dear Scylla,

If I want to leave Canada to work on some project based in US can I do so. And if in between divorce or separation happens then shall I be able to come back to Canada after the project.

My PR is valid till March 2018.

Also if you can tell me if there is a difference in PR cards (Conditional and Normal PR Card). Both have the same validity marked on them or is there any difference in the appearance / looks or content of the PR cards.

 

[robyaqua]

Hi...

Can Anybody suggest a lawyer for getting divorce and immigration status.

Cheers,
Mandeep

 

[Alurra71]

A lawyer for a divorce, yes.

Your immigration status is NOT a problem. You are NOT conditional, you are NOT in danger of loosing your PR.

I think looking on google or something similar in your area for a good divorce lawyer is the way to go.

 

[robyaqua]

I contacted a Lawyer and she said if your spouse files even a false complaint about the motive of the marriage you may loose the PR Status.

Further, Just wanted to know in future when I'm going to renew the PR Card does it require anything from my Spouse who sponsored me assuming we stay apart till the renewal.

Regards,
roby

 

[Alurra71]

I contacted a Lawyer and she said if your spouse files even a false complaint about the motive of the marriage you may loose the PR Status.

Further, Just wanted to know in future when I'm going to renew the PR Card does it require anything from my Spouse who sponsored me assuming we stay apart till the renewal.

Regards,
roby

If your spouse files a complaint about 'false' motives in the marriage, she will have to prove it before they will even LOOK at your PR status. Unless you specifically wrote her a letter or an email that said, I am marrying you only so I can come to Canada and get my PR or some other such thing, she can not prove it and you will be in no danger of loosing your PR status.

She has nothing to do with your renewal when the time comes. You only have to be sure you have met the residency requirements of 730 days in the previous 5 years to renew your card.

This lawyer you contacted sounds like perhaps they are willing to 'help' you avoid this whole problem with your spouse telling lies about you, for a small nominal fee. If I were you, I would NOT PAY A LAWYER or anyone else for that matter, to protect your PR status, as it is veritably impossible for your wife to have it taken away. It is called permanent residence for a reason.

Like I said earlier, as long as you didn't write a letter to her stating that you have intentionally married her for PR purposes only and have not misrepresented yourself in any way on your original applications, you are fine. Fine a good divorce lawyer and deal ONLY with the divorce.

 

[robyaqua]

Thanks Alurra for your kind advice and support.

 

[robyaqua]

I'm Toronto these days as my employer deputed me here. And now as things are not going well between me and my wife. I recently got a project in the US. In case I leave Toronto and my existing employer and join this potential project in Canada, Can my wife file for a divorce? If yes, then can I contest it from outside Canada?

And what would be the impact on PR Status in case I'm outside Canada at the time of Divorce?

Regards,
Roby

 

[frege]

I'm Toronto these days as my employer deputed me here. And now as things are not going well between me and my wife. I recently got a project in the US. In case I leave Toronto and my existing employer and join this potential project in Canada, Can my wife file for a divorce? If yes, then can I contest it from outside Canada?

And what would be the impact on PR Status in case I'm outside Canada at the time of Divorce?

Regards,
Roby

Your wife won't be able to have your PR status taken away. I don't know about the divorce for sure, but I imagine that if the last place you lived together was in Canada, then she can file in Canada, and you will have to contest it Canada. This may depend on the laws of Ontario.

The main thing that can affect your PR status is the residency obligation. You need to be physically present in Canada for at least two years (730 days in the aggregate) in every five-year period. If you stay in the US too long, then you can lose your PR status for that reason. Once you've become a citizen of Canada, you can travel freely, but this will take years.

 

[Alurra71]

Your wife won't be able to have your PR status taken away. I don't know about the divorce for sure, but I imagine that if the last place you lived together was in Canada, then she can file in Canada, and you will have to contest it Canada. This may depend on the laws of Ontario.

<b>The main thing that can affect your PR status is the residency obligation. You need to be physically present in Canada for at least two years (730 days in the aggregate) in every five-year period. If you stay in the US too long, then you can lose your PR status for that reason.</b> Once you've become a citizen of Canada, you can travel freely, but this will take years.

There is a caveat to the bolded statement made by Frege. If your job is outside Canada with a Canadian business, i.e. You were hired in Toronto but they wanted you to work for them in their US offices, then you would still be able to count those days away toward your residency requirement. Use this link: http://www.canadavisa.com/canada-immigration-discussion-board/pr-card-days-outside-canada-for-canadian-employer-t98189.0.html to further help clarify your question about jobs outside Canada.

As far as your divorce. No matter where you wife files for this divorce, you will be allowed to contest it if needed. I don't see any reason you would contest it, unless she wanted everything you have, otherwise, let her pay all the fees and take all the time to file the paperwork and just sign it and be done with it. Of course, I do say this based on the assumption it will be easy to do with no kids/assets/spousal support in the mix.

 

[robyaqua]

Hi,

If I'm working in US for a US based company and Stay out of Canada for some time and my wife files for a divorce in my absence, would I be able to return to Canada on a later date to complete my residency requirement of 730 Days. Her attitude and her behavior hinted that she is now blaming me that I married to her for PR card only.

I want to live with her as long as we share all the expenses of our house hold but she doesn't want that to happen. Actually, I applied for PR prior to our marriage under FSW category which got refused after my marriage to this lady. Then we have applied for spouse sponsorship.

I became permanent resident in Feb 2013. My Application date was April 2012. and I waited all this long till my company transferred me to Canada. When I landed in Canada this time on 11 Aug 2013 with my job in Toronto, I spoke to my wife to either come over to Toronto and I'll move to Vancouver. Offcourse this will take time as we need to switch jobs. At this point my wife said that she'l never cook and she'll not even share a single penny in the household expenses. Then she agreed and then again went to the statement and said if I have to live with her I would have to take care of everything in the household and she would not spend any thing. Further she said, if I can't take all the expenses then she is not interested in living with me and if we are not interested in living together we should not be talking over the phone as well.

We don't have any kids, or property in Canada.

Please advice.

Regards,
Roby

 

[frege]

Hi,

If I'm working in US for a US based company and Stay out of Canada for some time and my wife files for a divorce in my absence, would I be able to return to Canada on a later date to complete my residency requirement of 730 Days. Her attitude and her behavior hinted that she is now blaming me that I married to her for PR card only.

I want to live with her as long as we share all the expenses of our house hold but she doesn't want that to happen. Actually, I applied for PR prior to our marriage under FSW category which got refused after my marriage to this lady. Then we have applied for spouse sponsorship.

I became permanent resident in Feb 2013. My Application date was April 2012. and I waited all this long till my company transferred me to Canada. When I landed in Canada this time on 11 Aug 2013 with my job in Toronto, I spoke to my wife to either come over to Toronto and I'll move to Vancouver. Offcourse this will take time as we need to switch jobs. At this point my wife said that she'l never cook and she'll not even share a single penny in the household expenses. Then she agreed and then again went to the statement and said if I have to live with her I would have to take care of everything in the household and she would not spend any thing. Further she said, if I can't take all the expenses then she is not interested in living with me and if we are not interested in living together we should not be talking over the phone as well.

We don't have any kids, or property in Canada.

Please advice.

Regards,
Roby

You must be in Canada for at least 2 years (730 days) in every 5-year period. For example, you must be in Canada for at least 2 years between Feb. 13, 2013 and Feb. 12, 2018. This condition will apply to every 5-year period until you become a citizen.

According to what you wrote above, you lived in the US for 5 months, from March to August 2013.

If you move back to the US and live there for 2 years 7 months, then you will probably lose your Canadian permanent residence, because your total time outside Canada will reach 3 years in a period less than 5 years long.

 

[robyaqua]

I'm planning to Return to Canada ASAP or latest by March 2014 thats 8 months from now. So If I'm outside canada till march 2014 and my wife files for a divorce with all fake allegations (that she or her parents were saying about), would it then in any way impact my PR status or I'll be able to return to Canada in 2014 as long as I'm able to live 3 to 4 years in Canada before my PR Expires?

Regards,
Roby

 

[frege]

I'm planning to Return to Canada ASAP or latest by March 2014 thats 8 months from now. So If I'm outside canada till march 2014 and my wife files for a divorce with all fake allegations (that she or her parents were saying about), would it then in any way impact my PR status or I'll be able to return to Canada in 2014 as long as I'm able to live 3 to 4 years in Canada before my PR Expires?

Regards,
Roby

It is very unlikely that your wife will be able to have your PR cancelled. Cases like that are very rare. In theory, she would have to convince CIC to investigate. CIC would have to determine you lied about your relationship, and then CIC would have to prove its case before a tribunal.

If you come back to live in Canada after spending only 8 months in the US, then you won't lose your permanent resident status, because that will be a total of only 13 months outside Canada.