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Just Landed 2 months ago my wife the sponsor wants a divorce.
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For cases that were before the new law took effect, it is not easy to get the marriage scammer removed. He can accuse the lady of having left him as soon as she landed and she can say that he mistreated her in some way. It is even more complicated when he did not complain about her back in 2011 when it happened but is trying to do it two years later.
He should divorce her and then it is also a question how much of his assets does she have claim to and can she claim alimony as well. This is possible. Divorce or no, he is still financially responsible for her for 3 years after she landed. If she goes on welfare during this time, he will have to pay it back to the government and he can not sponsor a new spouse for the 3 years that he is financially responsible for his wife.
For cases that were before the new law took effect, it is not easy to get the marriage scammer removed. He can accuse the lady of having left him as soon as she landed and she can say that he mistreated her in some way. It is even more complicated when he did not complain about her back in 2011 when it happened but is trying to do it two years later.
He should divorce her and then it is also a question how much of his assets does she have claim to and can she claim alimony as well. This is possible. Divorce or no, he is still financially responsible for her for 3 years after she landed. If she goes on welfare during this time, he will have to pay it back to the government and he can not sponsor a new spouse for the 3 years that he is financially responsible for his wife.
But she didnt come to him. Even no telecon. He come to know a year after she landed. Even she changed adress online of visa application from his parents house to her house.
You know, if you went with a lawyer and wanted nothing from your soon to be ex-wife you could always sign contracts.
The lawyer could contact CIC on behalf of BOTH of you and ask that if there were a contract stating that you relinquish your sponsor's obligation to support you and that you will not attempt to receive social assistance for the 3 years in question or you will lose PR AND be willing to face any legal backlash from it, then would they allow you to stay because you no longer have ties to your home country as you were certain the marriage was fine.
If your spouse is willing to work with you and you both can get a lawyer to just make the transition smooth and you guys can civilly work it out without anyone giving anyone anything (so almost as if a boyfriend/girlfriend splitting up and owing each other nothing) then that would be the best.
I'm not sure CIC will even humor your attempts to stay with a legally binding contract to not seek assistance without legal repercussions, but it doesn't hurt to ask!
Now, these are all options if you're not willing to try and fight to make the relationship hold.
But she didnt come to him. Even no telecon. He come to know a year after she landed. Even she changed adress online of visa application from his parents house to her house.
So he was not in touch with her? He did not check the status online to find what happened? I have heard of a case of where the sponsored wife landed without telling the husband and gave a different address and he found out online. Later she went on welfare and he had to pay. There was nothing he could do about it.
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