Possible probs regarding ex wife

Old Feb 9th 2008, 4:24 am
  #1  
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Default Possible probs regarding ex wife

My husband was previously married in the provice of quebec in 1999 to a russian woman. Long story short. they met in a bar, dated a few months, got married, on wedding night hubby left earliesh as had 12 hr shift following day, week after marriage (wasnt living together yet) hubby went for a meal at wifes house, at the end of the evening, wife told hubby that she was going back to russia to clear up matters and that they would start looking for a place to live together when she got back and would be gone for 6 weeks.
6 weeks later hubby went to wifes house, was told by landlady that she had moved out 5 weeks ago and left no forwarding address. He got in touch with a friend of hers and gave him an address incase she ever got in touch. She didnt but hubby did receive divorce papers just over a year later citing infidelity. (what a b*t*h). They didnt consumate the marriage, and looking back this woman completely shafted him.
he's now sponsoring me and the kids to move to Canada, Family Class (medicals next week), we are just about to fill in his paperwork as he lives with me here in UK.
To his knowledge he didnt sponsor her, This woman did have a lawyer helping her out, and hubby was told to sign some papers in Quebec about the upcoming marriage, but he has never filled in any applications like we are now.
he knows this woman scewed him big time but not literally, could hubby of sponsored her without his knowledge. he knows something is definately off here as when we got married, we didnt get a lawyer involved.
Hubby is going to write a letter to support our application, regarding the ex wife.
Does anyone know if this is somehow going to go against us and stop us moving to Canada?
Thank you ever so much for your time and patince.
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Old Feb 10th 2008, 11:15 pm
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Default Re: Possible probs regarding ex wife

Originally Posted by sas-lou
My husband was previously married in the provice of quebec in 1999 to a russian woman. Long story short. they met in a bar, dated a few months, got married, on wedding night hubby left earliesh as had 12 hr shift following day, week after marriage (wasnt living together yet) hubby went for a meal at wifes house, at the end of the evening, wife told hubby that she was going back to russia to clear up matters and that they would start looking for a place to live together when she got back and would be gone for 6 weeks.
6 weeks later hubby went to wifes house, was told by landlady that she had moved out 5 weeks ago and left no forwarding address. He got in touch with a friend of hers and gave him an address incase she ever got in touch. She didnt but hubby did receive divorce papers just over a year later citing infidelity. (what a b*t*h). They didnt consumate the marriage, and looking back this woman completely shafted him.
he's now sponsoring me and the kids to move to Canada, Family Class (medicals next week), we are just about to fill in his paperwork as he lives with me here in UK.
To his knowledge he didnt sponsor her, This woman did have a lawyer helping her out, and hubby was told to sign some papers in Quebec about the upcoming marriage, but he has never filled in any applications like we are now.
he knows this woman scewed him big time but not literally, could hubby of sponsored her without his knowledge. he knows something is definately off here as when we got married, we didnt get a lawyer involved.
Hubby is going to write a letter to support our application, regarding the ex wife.
Does anyone know if this is somehow going to go against us and stop us moving to Canada?
Thank you ever so much for your time and patince.
I am not a lawyer and this is not advice

Hi

need more info...

He's a Canadian citizen, right?
When did he leave Canada?
How long has he been with you in the UK?
How long have you been married?
Are your children his?
Do you have any assets that are yours only, eg the house?
What papers did he sign before the marriage to the russian?
Where were the russian's divorce papers filed from?
How old is he/you/kids? Roughly.

Last edited by wbexpat; Feb 10th 2008 at 11:17 pm.
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Old Feb 11th 2008, 6:01 am
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Default Re: Possible probs regarding ex wife

Originally Posted by wbexpat
I am not a lawyer and this is not advice

Hi

need more info...

He's a Canadian citizen, right?
When did he leave Canada?
How long has he been with you in the UK?
How long have you been married?
Are your children his?
Do you have any assets that are yours only, eg the house?
What papers did he sign before the marriage to the russian?
Where were the russian's divorce papers filed from?
How old is he/you/kids? Roughly.
Hi there, thank you for replying.

Yes he is Canadian.
Left Canada in Oct 2002.
Been with me since Oct 2002
Been married since 26/09/2006
No, he isnt their biological father.
No unshared assets (we rent).
He thought they were about marriage papers, documents in french, no option to read them in english.
Filed from Quebec.
he is 39, i am 28 and children are 12 and 10
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Old Feb 11th 2008, 1:48 pm
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Default Re: Possible probs regarding ex wife

OK Thanks for the additional info.
and, inevitably...
I am not a lawyer and this is not advice.

I cannot say if you will have problems or not as this all depends on how CIC assess your forms, documentation and background checks.

As far as the forms go, your husband will set out the matter of his earlier marriage and divorce. So that's OK. Check.

Supporting documentation will include copies of the marriage certificate and subsequent divorce order. Check.

Background checks... this is where things might go a bit wonky.

People in breach of earlier sponsorship deals cannot sponsor anyone else while they are in breach. And your husband is technically in breach of his previous sponsorship conditions - see Application to Sponsor form IMM 1344 A (07-2004) E, at http://www.cic.gc.ca/EnGLIsh/pdf/kit.../IMM1344EA.pdf

However the only way the authorities will find out (or really care) appears to be if the woman claimed Social Security and the province were organised enough to log it against your husband's name. I think you should check that out. I imagine as he can enquire about this to Quebec Social Security. If she made no claim then I think you are in the clear. If not, well all is still not lost but it makes things a little bit more complicated. Let's leave it there for now.

In other matters:
I think it is safe to assume hubby has unwittingly sponsored her via those "pre-marriage" papers. That would explain the divorce papers being filed from inside Canada - she never really left.

Regarding your proposed letter:
I would be really cautious about writing to CIC, especially with the narrative from your original post. CIC really will not be impressed with anything other than the facts as they pertain to the law and your case. When (IF!) they ask for more information, then thats the time to consider what to do next.

DON'T under any circumstances over-elaborate, for example with the "12-hour shift on the wedding night" anecdotes. You will be just asking for trouble. Keep it vanilla. Keep it light. Make it ordinary and unremarkable eg: "boy met girl, whirlwind romance, young and foolish, alcohol-fuelled wedding, cultural differences, infidelity, divorce. No we don't keep in touch. No I don't really remember much else as it was a long time ago and my life has moved on"

Finally:
The woman has achieved PR by deception. The aim is to avoid the suspicion that your husband was involved in that deception. Every day someone in Canada marries a foreigner for $$$ in exchange for PR and a quickie divorce. So for the love of God don't do or say anything that would unnecessarily draw CIC's attention to it. An over-elaborate story would, I fear, act like a lightning conductor.


I hope that helps. Sorry if its a bit rough. My bedside manner needs work.
Clearly professional advice would be of more use.

wbx
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Old Feb 12th 2008, 3:09 am
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Default Re: Possible probs regarding ex wife

holy shit.
woooow, damn.
i thought being honest was always good, but ok i'll rip up the letter explaining ex wife and rewrite it.
Is it possible then to sponsor someone before marriage, i know it was 1999 and quebec but still they hadnt even lived together. My husband may of been young and foolish, but what a bloody idiot.
The questions it asks on the forms we are filling out now, hubby did not give any of that info to french lawyer, so then how do you persue a claim, could they of put false info about hubby.
Brains going into overdrive.
Crap, thank you for the information, we'll keep it vanilla and see what happens.

Just re-reading and yes, im stupid, the divorce was done in canada, she was in canada at the time of the divorce. oh my god

Last edited by sas-lou; Feb 12th 2008 at 3:13 am.
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Old Feb 12th 2008, 3:31 am
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Default Re: Possible probs regarding ex wife

Originally Posted by sas-lou
i thought being honest was always good, but ok i'll rip up the letter explaining ex wife and rewrite it.
Maybe it would be a good idea to hire an immigration lawyer or immigration consultant. Although wbexpat did a valiant job of trying to help you, I think your case is complex, and I think it's beyond the scope of what strangers on the Internet can cope with. Even wbexpat said, "Clearly professional advice would be of more use." Just my opinion.
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Old Feb 12th 2008, 3:37 am
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Default Re: Possible probs regarding ex wife

Did I miss something - how was his ex-wife in Canada in the first place? Was she not a PR before she met your husband? You don't say that she didn't have status in Canada, just that she was "Russian".

Professional advice sounds like a sensible idea, but if the ex-wife was in Canada under her own steam, and your husband didn't sponsor her, I don't know what the concern is?
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Old Feb 12th 2008, 6:52 am
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Default Re: Possible probs regarding ex wife

Originally Posted by Biiiiink
Did I miss something - how was his ex-wife in Canada in the first place? Was she not a PR before she met your husband? You don't say that she didn't have status in Canada, just that she was "Russian".

Professional advice sounds like a sensible idea, but if the ex-wife was in Canada under her own steam, and your husband didn't sponsor her, I don't know what the concern is?
OK hubby has just told me, he signed about 6 pieces of paper on his wedding day, in the place he got married, infront of a lawyer/offical. This isnt sponsorship is it.

Hubby says that she was in Canada on her own steam, she had a nice apartment and lived alone (ie she or someone was paying her bills thats for sure). She was going to school. Her parents apparently had companies in Russia and hubby was told they were well off. Her parents paid for their wedding/reception as a gift well thats what she told him.
Hubby doesnt/didnt know what her status was.
OK. if we get a immigration lawyer involved, does anyone how how much we are looking at? do we have to pay them for the entire process or for just a part of it. I dont know much about these people and their costs.
sigh

Also under quebec immigration back in 1999, when sponsoring someone, was the paperwork back then, roughly the same as now. Hubby didnt disclose personal info about himself, ie - parents details, work history, income, education.
Im sorry i got a little confused with what hubby was telling me. you dont sign immigration forms in a place where you have just got married.
I think we will be ok.

Last edited by sas-lou; Feb 12th 2008 at 6:59 am.
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Old Feb 12th 2008, 8:23 am
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Default Re: Possible probs regarding ex wife

Originally Posted by sas-lou
OK hubby has just told me, he signed about 6 pieces of paper on his wedding day, in the place he got married, infront of a lawyer/offical. This isnt sponsorship is it.

Hubby says that she was in Canada on her own steam, she had a nice apartment and lived alone (ie she or someone was paying her bills thats for sure). She was going to school. Her parents apparently had companies in Russia and hubby was told they were well off. Her parents paid for their wedding/reception as a gift well thats what she told him.
Hubby doesnt/didnt know what her status was.
OK. if we get a immigration lawyer involved, does anyone how how much we are looking at? do we have to pay them for the entire process or for just a part of it. I dont know much about these people and their costs.
sigh

Also under quebec immigration back in 1999, when sponsoring someone, was the paperwork back then, roughly the same as now. Hubby didnt disclose personal info about himself, ie - parents details, work history, income, education.
Im sorry i got a little confused with what hubby was telling me. you dont sign immigration forms in a place where you have just got married.
I think we will be ok.
Hi

First off I'm sorry if my earlier response spooked you a bit. Clearly if I had the additional information posted since I would perhaps have had a different train of thought.

That aside, I do stand by my view that you should keep the application as vanilla as possible. I think that's a good move in any official correspondence. There are still some odd aspects to this such as the woman unexpectedly vanishing. I think it's best left alone.

As Judy and others have said - if in doubt get professional advice.

Andrew Miller is usually very helpful if you post with a title that attracts his attention, eg "Q for Mr.Miller re divorce" or some such. He's a proper immigration lawyer and his posts are impressive although I think he like folks to have all their information to hand before they post - so be sure you really do have the full and final version of events from hubby.

Anyways - I hope it works out.

wbx
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Old Feb 12th 2008, 9:31 am
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Default Re: Possible probs regarding ex wife

Originally Posted by sas-lou
OK. if we get a immigration lawyer involved, does anyone how how much we are looking at? do we have to pay them for the entire process or for just a part of it. I dont know much about these people and their costs.
sigh
I had a bad experience with an immigration lawyer, and there are lots of other horror stories on here too.

Many immigration lawyers / consultants will want to handle your whole application and charge you for it. What it sounds like you want is someone to help you through this aspect and maybe check over your applciation, but you still handle it, and be the primary contact etc.

Have a look at Andrew Miller's website and see what you think

Good luck
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