Sponsorship of parents, children, spouses (common-law, conjugal, same sex), refugees.
Sponsored my Wife - Now she wants a Divorce
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user Posts: 130
Posted On: 10/9/2014
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Dear Sir/Madam,
Hi
I sponsored my wife and she landed on Sep 2012, but after one month she left Canada and now after one year she wants divorce.
1.What should I do?
2.Do i still need to support her for rest of three years agreement?
3.She wants get divorce in Iran.Can I ask her to sign any agreement in order to avoid those three years support agreement?
4.Can she get back to Canada after she gets divorce?
5.After three years can she still make me headache in any matter?
5.Can I claim for scams case?
Best Regards
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Moderator Moderator Posts: 4142
Posted On: 10/14/2014
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Hello,
Thank you for sharing your situation and question with us.
We can appreciate that you would be interested in knowing what your options are.
Regarding your questions,
2.Do i still need to support her for rest of three years agreement?
3.She wants get divorce in Iran.Can I ask her to sign any agreement in order to avoid those three years support agreement?
Sponsors must give financial support to their spouse for three years, even if the marriage or relationship fails. This means that if your wife uses social assistance, you will have to repay the money. This will also mean that you cannot sponsor anyone else until you repay the debt.
According to the Understanding a Family Class Sponsorship Breakdown guide,
The Sponsorship Undertaking is a legal document signed by you as a sponsor and co-signer (if applicable) as a commitment to the Government of Canada that you will look after the basic requirements for your sponsored family member(s).
What is a Sponsorship Agreement?
The Sponsorship Agreement is a legal document signed by you as a sponsor, the co-signer (if applicable) and your sponsored family member(s). As a sponsor, you commit to provide the basic requirements for daily living for your sponsored family member(s) included in the undertaking so that they will not need to apply for ‘social assistance’ (under Ontario Works or Ontario Disability Support Program). The sponsored family member(s) agrees to seek help from you as the sponsor if he/she is unable to provide for his/her own basic requirements.
In addition, the sponsored family member(s) consents to the release of information to you (the sponsor) concerning social assistance that they may apply for, or receive during the period of the undertaking.
It also explains,
The Sponsorship Agreement is an unconditional guarantee of support from you and the co-signer (if applicable) to your sponsored family member(s). It cannot be cancelled or modified after it is approved by CIC, even under change of conditions or circumstances of any of the parties involved, such as the granting of Canadian Citizenship, divorce, separation or relationship breakdown, moving to another province, or deterioration in your financial condition.
Regarding your question,
4.Can she get back to Canada after she gets divorce?
As long as she meets her residency requirements, she should be able to re-enter Canada.
Regarding your last question,
.Can I claim for scams case?
At this point, after the fact, there is not much you can really do. You can find some information on the CIC Website in the Marriage Fraud section.
You may also want to contact the Citizenship and Immigration Canada (CIC) Call Centre directly for some 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.
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Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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