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| Subject: Getting divorced |
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Hello,
I am Canadian and my wife is Korean. We have been married for approx. 3 and a half years - residing in Korea that entire time. we also have a 2 and a half year old son.
We are going to get divorced, and she has agreed to give me sole custody of our son. However, she would also like to come live in Canada. If we get divorced in Korea and I then try to sponser her - would the process be the same as any other immigrant? If we wait to get divorced in Canada, what will be the process? Could we get divorced as soon as arriving? Would we have to wait a year?
In addition, we´ve agreed that I will have full custody of the child, she will have visitation rights. Also, I will pay her a lump sum once we get divorced with no future financial commitments. My concern is that once we get to Canada this agreement will not be enforced. Can I get a notarized document, signed by both of us, that will be enforced in Canada?
Thank you for your help,
Joe
[03-08-2009,05:18]
[***.234.171.240]
Joe |
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(in reply to: Getting divorced)
If you get divorced in Korea, you cannot sponsor her once that process has begun. If you are currently living in Korea and are not a citizen... (but a PR) you will have to sponsor her from within Canada. She will have to remain in Korea while this happens.
If you sponsor her, get her to Canada and THEN divorce her, you will still be financially responsible for your wife for 3 years regardless of your marital status. Divorces in Canada take 1 year to complete.
If you divorce in Korean and want to bring your child without the mother, get ready for some serious legal custody questions from CIC. If you do not sponsor your wife but bring your son, how will the mother be sure of access to her child? Canada will not give her a visa so why would she agree to such an arrangement.
Many of your questions hang on your own status position within Canada.
I would suggest your problem is not nearly as easily solved as you lay out.
[03-08-2009,06:15]
[***.20.116.15]
Sharon |
Getting divorced (in reply to: Getting divorced)
First of all, I understand that this is not an easy situation to resolve. That was not the impression I was trying to leave.
I am a Canadian citizen - born and raised. I have been living in Korea since my wedding.
My wife agrees that I should have custody of the child because I am a good father and have a close knit family who will help me raise my son. Neither my wife or I want him to grow up in Korea. There are a number of reasons, the top one being the school system and the fact that he is a "half-blood". The second reason has already resulted in some problems with other children and will only become more serious as he gets older.
In any case, my wife and I are not going to stay together, but I want to help her have the best life possible. In this case, that means a move to Canada. If I sponser her (as a husband), how long will I have to wait before divorcing her once arriving? If we both agree to division of assets, will that be enforcable in Canada? Can we sign a document here that will be legally binding in Canada once we divorce?
Thanks again for your help,
Joe
[03-08-2009,07:35]
[***.234.171.240]
Joe |
(in reply to: Getting divorced)
Not smart to post your situation online. The short answer is, YES if you two are still married from sponsorship to her landing. What happen after she lands is nobody´s business. The exception will be somehow her intention (divorce) is known to overseas visa officer, she can be refused because it´s bad faith - a "marriage of convenience" solely to attain Canadian status.
[03-08-2009,13:40]
[**.210.64.196]
Anonymous |
(in reply to: Getting divorced)
and isn´t that the exact intent here?
you are inviting trouble on multiple fronts.
[03-08-2009,15:34]
[***.20.116.15]
Sharon |
(in reply to: Getting divorced)
you are in VERY DANGEROUS situation!! Heed my advice; the only way YOU can help her move to Canada is by: 1) sponsor her as a spouse; since you were married for some years AND have a child together AND lived with her all these years since marriage, your sponsorship application will go through very quickly. 2) to sponsor her, your best option is for you to return to Canada and start the process. There are reasons to believe this approach will complete the process faster. During this process your wife will remain in Korea. It shouldn´t be a big deal since it is likely to take less than a year. 3) Your kid is expected to stay with his mom while you sponsor her AND the kid.
Here is the DANGEROUS part: since you both are CONSPIRING to FACILITATE her immigration to Canada, you MUST be very careful about how you archestrate the process. There is an underlying presumption that your desire to bring her to Canada is bona fide with the purpose of wanting to live with her; however, this expectation is already contravened since the intent is to merely provide her a chance to move to Canada.
While the sponsorship may take about a year, the divorce will take another year to finalize. If you quickly divorce her after arriving, this can backfire on her in future (when she goes for citizenship) since CIC can interpret that there was no genuine intention to live together (IMMIGRATION FRAUD or marriage of convenience). You have to manuever the waters carefully. Of course you will be on the hook for financial responsibility TO HER for 3 years after the diverce becomes official.
Because of all these serious issues: I suggest both of you better get some counseling and find ways of resolving conflicts and make your marriage work! Good luck.
[03-08-2009,16:52]
[***.202.38.241]
costs |
(in reply to: Getting divorced)
Joe,
Listen carefully seems you are a good father and a good future ex, you care about your child and you want him to grow up in a better place like canada... The best option for you I (guess) ... Prepare for sponsorship application as a married man, bring your child and wife, then your wife can find a job here ( since she is married to you I am sure she can speak English and can find a simple job ) then later get divorced...
If the wife gets nasty during the divorce process, you can just tell her- fine then I am going back to Korea to work ---do you think she will let her son go back to Korea again, I do not think so ...
after coming here and getting used to the life here no mum would let her child go back to Korea again, please remember asian ladies do their best for their kids, I am sure when she let you get the child and go to Canada, she was thinking of her child...Not because she wanted to get rid of you and the child...no way ...
Lets say again she asks for money ( as part of your sponsorship agreement- taking care of the mum at least for 3 years) , Now tell me which is better? paying for the mother of your son for 3 years or letting your son blame you for the rest of his life saying that you separated him from his mum ???
I personally think your wife is a good mum, she is doing the best for her child, and as a responsible man, take her to Canada, let her find a job, and let your son be happy in Canada and let him see his mum, ..please do not separate your child from his mum, and let her come to canada...
To sum up, start sponsorship papers right now, -as a married man and do outside sponsorship- this is easier and takes shorter time ...and a final advice NEVER pay anything to anybody, you can fill all those papers on your own ...if you need more help please give your e mail and I can even help (dont worry free of charge)
Cheers/Tomtom
[03-08-2009,16:55]
[**.87.4.249]
Tomtom |
(in reply to: Getting divorced)
Thanks for the advice
[05-08-2009,04:51]
[***.234.171.240]
Joe |
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