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    southpaw_23's Avatar
    southpaw_23 Posts: 2, Reputation: 1
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    #1

    Mar 2, 2012, 12:03 AM
    How long do we need to wait before filing for a divorce?
    Hi,
    My brother got married in Canada 2010 and wanted to file for a divorce but was advised not to pursue it yet since his Permanent Resident was not yet approved. His wife is skilled worker and has a good chance for the Approval of PR. They are both foreign workers. She files for both of them (as couple)last year, but no result yet. Will there be a problem if he files for a divorce while their application as couple is still on processing?
    He tired to apply on his own but according to Immigration/Employer, he is not eligible since he was only non-skilled worker.
    And if the PR was approved, how long does he need to wait before he can file for a divorce?
    The wife bluntly said that she will not help him with the PR if he leaves her. He just want to get the opportunity of PR for his family back home. (But at the back of his mind, he doesn't want to live with the wife anymore).
    Please help advise what he can do for now. He is so confused right now and we are so worried because he's too far from our family.
    Thank you in advance.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Mar 2, 2012, 08:59 AM
    Are these people residents of Canada or the US or somewhere else? I can't tell.
    southpaw_23's Avatar
    southpaw_23 Posts: 2, Reputation: 1
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    #3

    Mar 7, 2012, 08:51 PM
    Both Filipino citizen and working in Canada. Their application for PR is still on process..
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Mar 8, 2012, 08:39 AM
    If theirs is a fraud marriage, staying married only for purposes of Immigration, they can BOTH be denied permanent residency.

    They both need to speak to a Canadian Attorney who specializes in Immigration. He/she will know how to best proceed so as to not endanger the applications.

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