Sponsorship of parents, children, spouses (common-law, conjugal, same sex), refugees.
Is this considered Marriage Fraud?
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Geeta123 Posts: 1
Posted On: 11/10/2015
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Hello,
I got married to my husband in India and after marriage my husband and his family wanted to file for Canada.
So they motivated me to appear for IELTS and apply for Canada.
But due to interference of his father and sister, brother we were having many quarrels in India and even after coming to Canada same thing continued but just in a week he removed from his father's house.
I am principal applicant and he is my dependent.
I came here just 2 months back and 10 days back he has removed me from his home.
Now he doesn't want to stay with me any more.
He asked for Divorce.
Now can I file a marriage fraud against him?
His father's relationship we had shown in blood relation.
We filed under FSW.
GP
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Moderator Moderator Posts: 4077
Posted On: 11/13/2015
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Hello GP,
Thank you for sharing your situation with us.
If you are referring to the conditional permanent resident status, it only applies to partners if their spousal sponsorship applications and spousal sponsorship applications that were submitted on or after October 25, 2012 AND:
*they were in a relationship for 2 years or less when they applied; and
*they did not have any children together when they applied.
Here is some additional information regarding losing your permanent residence from the CIC Website,
Losing your permanent resident status
Losing your permanent resident status does not happen automatically. You cannot lose your permanent resident status simply by living outside of Canada long enough that you don’t meet the residency requirement. Unless you have gone through an official process, you have not lost or given up your permanent resident status, even though you may not be eligible to return to Canada as a permanent resident.
You may lose your permanent resident status if:
An adjudicator determines that you are no longer a permanent resident following an inquiry.
A visa officer determines you do not meet the required residency when you apply for a permanent resident travel document or temporary resident travel document.
You may lose your permanent resident status in one of the ways described above if:
*you do not live in Canada for two out of five years;
*you are convicted of a serious crime and told to leave Canada; or
*you become a Canadian citizen.
You do not lose your permanent resident status if your PR card expires.
In terms of filing marriage fraud against your husband or having your husband deported, it is not likely.
Regarding deportation, if you are a permanent resident and are convicted of a crime you could lose your permanent resident status, be deported and might not be able to come back to Canada.
If you have any concerns regarding your situation you may want to contact the Citizenship and Immigration Canada (CIC) Call Centre directly for some additional information
I hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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MelM Posts: 226
Posted On: 11/13/2015
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You can certainly divorce him.
However he is free to keep his PR status so there's really no point in reporting marriage fraud. What you've described isn't marriage fraud - it's a marriage that unfortunately hasn't worked out.
Divorce him and move on with your life. Good luck.
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