Advice on Divorce

Canada Immigration Forum (discussion group)


 
       
Subject: Advice on Divorce
  Me and my wife recently did our medicals for immigration. Now we want to file our divorce. My wife is a principle applicant. My question is:

1. How long would it take to get a divorce if we have no arguments.
2. How soon can I re-marry and sponcer my wife to canada.
3. Does this process delay the final immigration.

Any advice would be really appriciated.

[11-06-2006,15:49]
[**.147.35.44]
Mike
(in reply to: Advice on Divorce)
you are not giving us enough information to comment.

1) are you cunrrently in Canada? divorce laws vary from country to country.
2) again - each country has different rules
3) you are changing your status and therefore must advise CIC. who is the primary applicant? if it is you, and you have enough points without your wife - then you should be OK. If your wife is the primary skilled worker applicant - then you are not eligible to obtain your PR under her application. If this is a sponsorship application - the entire application becomes void.

whatever you do, do not hide information from CIC. They have been know to turn people back at the airport for an undeclared change in status.


[11-06-2006,15:57]
[***.20.170.23]
Sharon
(in reply to: Advice on Divorce)
I have read your post again. Your wife is the applicant. If you are separating or divorcing, you are no longer her spouse and therefore are not elegible under her PR application.
[11-06-2006,15:59]
[***.20.170.23]
Sharon
(in reply to: Advice on Divorce)
We both are in canada. My wife is on student visa and I am on work permit. My wife is an principle applicant. But even without my wife I would have enough points for immigration as I did my masters from canada.

we are not trying to hide anything from CIC. but just wondering if i would be able to get the divorce and re-marry. If yes do u have any idea about the timeline?

Thanks a lot for your help.

[11-06-2006,16:04]
[**.147.35.44]
Mike
(in reply to: Advice on Divorce)
does that mean that i have to restart the whole process of immigration from scratch?

Also can i continue working in canada as i have work permit valid for another 2 years?

Thanks

[11-06-2006,16:07]
[**.147.35.44]
Mike
(in reply to: Advice on Divorce)
I can´t imagine why you could not continue your work permit, however you would now be the principle applicant. I just finished reading that you cannot switch mid process.

If the divorce is inevitable, then I would advise CIC immediately and have your wife remove you from her application. I would then apply separately to either Buffalo or your home country. See which is faster. Buffalo is slow for inland right now.

I take it, there is another potential wife in the picture. You need to have your PR completed and your divorce final before you can sponsor her. That is why I am suggesting you start your SW process immediately. In terms of your divorce question -depending on which province you live in, the waiting period varies. In BC it is one year from filing when you can obtain your decree. Not sure about other provinces.

That said... what is the current cooperation/civility like between you and your current wife. (based on your scenario, I suspect it is not so good) If you can hold the marriage together in a civilized manner, you would both have your PR (fairly soon from the way you speak) and could proceed from there.

Either way, your ´new wife´ is going to have to wait a bit to get that PR. at least 18 months. (divorce time and application time)

[11-06-2006,16:52]
[***.20.170.23]
Sharon
(in reply to: Advice on Divorce)
I would go see a different few lawyers.
[12-06-2006,09:05]
[***.121.224.81]
Anonymous
Divorce & sponce new wife to canada (in reply to: Advice on Divorce)
My name is raj, i got married in srilanka one & half years ago. then i sponcer my wife to canada. Now she came to canada four month. She want to Divorce me and go back to srilanka.
If i Divorce and let her go back to srilanka. then if i marry new girl in srilanka can i sponcer her? & what are the pross i need to do for that?. And before i let her go back what are process she have to do it canada?

[22-01-2008,16:45]
[**.243.182.54]
raj
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