Need help

Canada Immigration Forum (discussion group)


 
       
Subject: Need help
  In jan 2008 I am moving to Canada as a PR with my spouse. We are not in good relation to each other at present. What if we both go there and then file for divorce.
How long it will take to get divorce? After divorce can I come to my home country to merry some one else? How long it will take to sponser my spouse? Will all this effect my PR?
Please help

[24-12-2007,08:52]
[**.94.187.236]
Deepti
I don't believe that will effect you PR (in reply to: Need help)
Well, it depends, when you applied for PR, if you were the principle one in that application then, no worries, your personnel live is you matter not someone else matter, then I strongly believe that here in Canada this kind of issue will not affect your PR.

But if your spouse was the main candidate in the PR application, it could affect your PR. You know, there are a lots of people use marriage only to get sponsor by their wives or husbands, and only to come here to Canada. And it is not a good practice.

Hope it helps.


[24-12-2007,10:52]
[***.103.184.76]
ibarif1
(in reply to: Need help)
Like ibarif1 stated anyones concern is being accused of a MOC Marriage of Convienance. In your posting you did not state how long you have already been married? That would make a huge difference.

Some people from certain countries who may have the occuaptional and educational skills but do not have the money for processing fees or to show establishment funds sometimes get married to by-pass these requirements.

Timing is everything and since your already planning to marry someone else your posting would lead most people that you entered into your current marriage as a MOC!

To obtain a divorce in Canada you have to live seperate and apart for one year where you normally reside. There is a way around that by getting a divorce right after you land at your former countries embassy.

Had a case like that and won but be prepared for a fight.

Roy
www.cvimmigration.com

[24-12-2007,11:05]
[**.52.216.248]
Roy
I had this experience (in reply to: Need help)
Believe me Roy, I know what I?m talking about.
I had recently this kind of experience, where they offer me partner againt Canadian papers.
A friend of mind contacted me couple of weeks ago, saying that his brother doesn?t have university degree and want to come to Canada. He also said, that it is very hard for him to apply, and asked me if I would be interested in marring his brother.
I was really oppressed, I didn?t tell anyone I?m looking for husband and I?m not looking for husband!. When I?ll decide to look for partner, I would marry Canadian guys and the one I know bit about him. Why I should have to spend money, I earn with my hard work, for someone I have never seen, on the top of that the one looking to build family with ?papers lady?. When reading this message my bad experience poped up in my mind. It is desgusting, I hope ?Deepti? doesn?t fall in that category of people.

[24-12-2007,12:15]
[***.103.184.76]
ibarif1
(in reply to: Need help)
Thanks very very much for the reply.
We got married 5 years back and I am the principle applicant. We both qualify the 67 point for applying PR. We are both postgraduate and form well to do families.
My question is after divorcing him will my spouse come to canada easily or I have to face certain kind of problems.
Thanks in advance.

[25-12-2007,00:33]
[**.94.187.236]
Deepti
Any where were you are you will be facing dificulties (in reply to: Need help)
In our world, any where were you are you face difficulties


Well, I?m very happy to know that you are not among the category of people who use marriage to come here to Canada.

Deepti, you need to remember that in our lives, we face every single day difficulties (I don?t prefer to use the word problem, it sound bigger than us). The point, is how you deal with those difficulties. Your brain and patience are your best friends.

What I recommend you to do, is to try to find an agreement with your current spouse that can suits both of you: come together to Canada than start to process your divorce. Don?t tell your current spouse that you will be marring someone else because he can try to make it difficult for you. This is not a lie, but you are not any more informing him about your plans, because (probably both of you) consider himself already divorced from another.

For sure if you want to come to Canada soon and you start your divorce in your country, it will takes more time to come here. But if you believe that he wouldn?t accept any agreement with you to make your tip to Canada ASAP then it could be helpful if you could keep any thing that proofs you are separated since yyyy-mm-dd, you will make your divorce faster.

I believe, if you start your divorce in your country and you process the sponsor of your future spouse, it will takes more time than if you come here and do every thing from here. I?m probably wrong, if anyone else has a different info, please correct.


Regarding, if you can go back to you country and marry someone else, sure you can at any time after you come to Canada. How long it will takes to sponsor your future spouse? It use to be over a year, but now, it takes from 6 to 8 months and it could be faster, it depends on your case. I know people who sponsor their spouse within 3 months. He was really in love with her and he did explain to immigration Canada that he is getting depressed and not able to keep going to work and it will helps if his spouse is with him. Then they process the sponsor quickly. I?m not asking you to lie, but I?m saying that depends on the case and you situation while you?ll be here.

Hope it helps.

[25-12-2007,14:03]
[***.137.146.203]
Advisor
(in reply to: Need help)
Thanks very very much for the reply.
I am feeling much releived now. Actually I am 35 year old and I don´t have kid. I also know that my spouse will not accept any agreement, he will come with me but will live seperatly. Even in our home country we are living seperatly for the past 2 years. I want to sort out the things faster so that I merry somebody else and plan baby before turning 37. Otherwise it will be too late.

[26-12-2007,02:11]
[**.94.183.150]
Deepti
(in reply to: Need help)
The issue is this.

Deepti was in a relationship and decided to immigrate to Canada. Either at the time of submitting the FSW application or shortly after things grew worse. At the time the COPR were issued they were still legally married so used each other for additional points to be able to Immigrate.

Now Deepti is concerned how to obtain a divorce in Canada so Deepti can sponsor another and how CIC would view that.

The divorce would have to be recognized in Canada under the Divorce Act of Canada.

I wrote this previously and still stand by this comment. --------------To obtain a divorce in Canada you have to live seperate and apart for one year where you normally reside. There is a way around that by getting a divorce right after you land at your former countries embassy. ---------

I had a female client from Jorden who wanted to Marry Mr. Right but her family told her to Marry Mr. Wrong. When she arrived in Canada she immediately sought out how to obtain a divorce. Like Deepti both had sufficent points to apply independent of one another.

She divorced Mr. Wrong at the Jordanian Embassy in Ottawa. Then went home and married Mr. Right. Had a problem with Mississauga CPC because they were not approving her as a sponsor because insufficent time had not passed between the divorce and the new marriage. Proved Miss. CPC wrong on that then CIC raised the issue of the Divorce Act and the position of where they normally reside. Proved CBSA & CIC wrong on that too. The sponsorship was approved and the client was happy.

BUT...... before her Mr. Right arrived he turned into a really bad Mr. Wrong and she cancelled the sponsorship.

Be careful what you wish for Deepti!

Roy
www.cvimmigration.com

[26-12-2007,11:43]
[**.55.217.185]
Roy
Be patient, Deepti (in reply to: Need help)
Depeeti, I almost started my message of 25-12-2007 with "you need your brain and your patient".

Of course I wish you to sort out every thing before 37 years and having nice babies. But if you rush, you might get in the same troubles as the ones you have now.

If your current spouse accepts to come with you to Canada then you will start processing your divorce, it is a very good agreement, you don´t really need some thing else from him (at least for the moment). Regarding the future spouse you would like to sponsor, I only would like to say ?make sure, he is the right one, and not the one who wants to stick to you because he knows you will sponsor him?.

Sorry Roy, I couldn?t understand the story of Mr.wrong and Mr.right.

The faster way to divorce and sponsor your future spouse, I would recommend you to contact Citizenship and Immigration Canada (by email faster way) and explain your full situation(not necessary to tell them that you want babies and don´t recommend to tell the problems you faced with your current spouse, it is not required), I?m sure they will be able to advise you that best suits your case. They normally reply to emails within 10 days.

Hope it helps, again be patient and again I wish you nice babies before 37. :)

Regards,

[26-12-2007,17:59]
[***.168.49.53]
Advisor
(in reply to: Need help)
Thanks advisor for the help.
Thanks Roy, but what you thought about me is not right. For the last 2 years I am trying for agreement between us but of no avail. Even after reaching there in Canada I will take last chance to make him not to take divorce so that I must not face difficulties. May God shower blessing on me.
And Mr. Roy we don´t need additional points as we both even fall well under 75 point system. It was he who made me think about PR, but I was not having any interest. I can understand many people use each other the way you told but here is not that case, so please don´t think that way for me.
Thanks for the advise.

[27-12-2007,00:52]
[**.94.185.148]
Deepti
(in reply to: Need help)
To obtain a divorce is your choice but read again what I said unlike Advisor. The Canadian divorce act will require you to obtain a divorce where you normally reside after living seperate and apart for a year.

So if you Land tomorrow December 28th 2007 you can only file for divorce December 29 2008 and expect a wait of five months for uncontested divorce. Then you will probably have to fly home to marry someone if you have not already arranged everything but if all is arranged expect eight more months.

Your new partner if all goes perfectly like Advisor claims expect to be sleeping under the same roof February 2010

BUT there is always a chance that someone may accuse you of misrepresentation in your initial application and then add several years to the process.

What ever you decide a divorce has to comply with Canadian Law to be recognized. A divorce is not just a divorce.

Roy
www.cvimmigration.com

[27-12-2007,09:44]
[**.52.219.71]
Roy