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| Subject: divorce (runku) part 2 |
no i had no idea that shw was planning to do this, ive been oblivious to the whole thing stupid on my part i know, now i will have to face the consequences.. if i could pay a lump sum to get her away from me i would but how much would that be for 3 years? im stuffed good and proper.
[16-09-2005,14:16]
[***.44.131.122]
runku |
(in reply to: divorce (runku) part 2)
Honestly, if I were you, I´d put the fear of God into her. Tell her if she wants to divorce that´s fine, but you´ve spoken to a lawyer and if she acts irresponsibly or tries to collect social assistance over the next 2.5 years, you and your lawyer will report her to CIC for immigration fraud and initiate action to have her removed from Canada.
What have you got to lose? And what´s she going to do, go hire a lawyer herself? Probably not.
I think the best you can hope for is for her to go back to India and cut your ties. Is there any chance you´ve gotten her pregnant in the last few weeks?
[16-09-2005,14:52]
[**.235.111.195]
FWChelle |
(in reply to: divorce (runku) part 2)
Previously the undertaking was for 10 years regardless of your relationship to the person you were sponsoring. If you applied under the old system and there was a delay in the granting of you wife´s PR status you are still responsible for her financially in Canada for 10 years. You should have kept the original Undertaking, please review to determine if you are responsible for her for 10 or 3 years, you might want to contact CIC for clarification.
For sure, if you marry someone else from India or a non-Canadian or someone without PR status you will not be allowed to sponsor your new spouse until 3 years has passed since your first spouse received their PR status.
Guidy Mamann an immigration lawyer who writes for the Metro News, has been writing a series of articles on this issue for the pass four weeks, you can read them online at:
http://www.metronews.ca/column.asp?id=3251
Note: Even if you pay her off she can still claim social assistance and you will be obligated to pay back the government. Under the current system you can´t find out from social assistance if she is receiving social assistance, they will not give you any information. The only way you will find out is if you try to sponsor someone else to Canada and immigration finds out that she has collect social assistance during the undertaking period. You will then have to pay back social assistance and then pursue legal channels to collect the duplication benefits to her.
[16-09-2005,15:00]
[***.246.61.1]
Katrina |
(in reply to: divorce (runku) part 2)
Hi Katrina,
It is very clearly mentioned on the sponsorship agreement form that in case the sponsored person is a spouse, common-law partner or conjugal partner of the sponsor the duration is 3 years.
http://www.cic.gc.ca/english/pdf/kits/forms/IMM1344EB.pdf
Runku,
Paying lump sum will not be a good idea. Even if your wife returns to India she has the option to come back to Canada anytime she wants to - she is a Canadian PR.
The best option is to talk to your wife and come to a mutually acceptable agreement.
[16-09-2005,15:45]
[**.117.54.205]
Kenny |
(in reply to: divorce (runku) part 2)
Kenny, yes I know that it says 3 years on the NEW forms, however in the pass it used to be 10 years regardless of the relationship of the sponsor and the applicant. Since Ruuku was married three years ago, he might have signed an old IMM1344 form which requires him to be responsible for his wife for 10 years.
The 3 year requirement came in effect June 28, 2002.
http://www.cic.gc.ca/english/irpa/faq-family.html
Here is the information from the CIC website,
Q: I sponsored my spouse before June 28, 2002 and the undertaking is for 10 years. Will it be reduced to three years after June 28, 2002?
A: No. The length of the undertaking remains at 10 years and will not be reduced to three years. This applies to all undertakings entered into prior to June 28, 2002 whether or not your spouse has obtained permanent resident status or the sponsorship application and the immigrant visa are still pending
Therefore, if Runku submitted his IMM1344 and it was signed before June 28, 2005 for his wife he is still responsible for her for 10 years. Runku has been married for three years and he did not mention when he submitted his wife´s application. He might have been caught under the old system if he sent in his application 3 years ago.
Runku your responsibility may be 3 yr or 10 years depending on when you signed the undertaking, please check your undertaking or contact CIC for clarification.
[16-09-2005,16:50]
[***.246.61.1]
Katrina |
(in reply to: divorce (runku) part 2)
Katrina is absolutely accurate guys. It all depends when the undertaking was signed.
[16-09-2005,17:49]
[***.109.34.92]
GQ |
(in reply to: divorce (runku) part 2)
Runku, you didn´t mention what province you were in. I know from experience that under Ontario law you must be separated for 1 year before you can even apply for divorce.
I STRONGLY suggest you sit down with your wife and get some things hashed out, then get yourself a lawyer and file a separation agreement. Get it in writing, cover your ass. If you don´t, there´s nothing stopping her from reneging on any verbal agreements you make. If she conned you into marrying her just to get in the country, I´d say she has ZERO credibility, and would not trust a word she said. The date on that agreement will dictate the "1 year" marker, so that she can´t come back later and dispute the date you actually separated.
If you do nothing else right now, at least get a legal separation agreement drawn up.
Those are my only words of wisdom.
[16-09-2005,18:33]
[**.235.111.195]
FWChelle |
(in reply to: divorce (runku) part 2)
I am with FWChelle
[16-09-2005,18:36]
[***.20.170.23]
sharon |
(in reply to: divorce (runku) part 2)
thankyou everybody for the truth and boy it hurts.. What a waste of money and time.. I hope this is an eye opener to those who marry abroad wanting to bring their spouses to canada, be warned!!
[16-09-2005,20:19]
[**.154.43.53]
runku |
(in reply to: divorce (runku) part 2)
I´m sorry you got hurt runku, that really sucks :(
[16-09-2005,20:39]
[**.193.72.81]
FWChelle |
(in reply to: divorce (runku) part 2)
It´s a fake one from the very beginning anyway.
[17-09-2005,01:36]
[**.83.120.171]
Anonymous |
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