Please help me.
I got married to my husband, Canadian citizen born n bought up in Vancouver, in Nov 2005 in Canada. Before I was married to my husband, I was living in the US on H1 B and I have been living there for 6 years studying and working in US.
After I got married, I was living in Canada on tourist visa for about 5 months ( i also quit my job in US to be with my husband) and we applied for my immigration through Delhi, India (since that was the fastest) around Feb 2007. Canadian immigration wrongly routed my application to Buffalo instead of New Delhi so I lost 3 months in that. Then my immigration file was routed to New Delhi.
During the 5 months I was with my husband in Canada, he was very abusive emotionally and physically. I believed it was a bad phase at work and in life and thats why he was behaving weird. Just to escape this I came down to visit my family in India in July 2006.
I have been in India since July 2006 waiting for my immigration since my tourist visa also expired so I couldn’t go back. Anyway just recently my husband called and said that he didn’t want this marriage anymore and that he was withdrawing my immigration. Just today my status on cic online was showing as withdrawn.
Wat was done to me is not fair. Can I challenge this? Can I do something to save my immigration or just complain against my husband for torturing me?
Please any help will be appreciated.
Location: God's own country
Posted on: 06-02-07 12:17:13
Hi,
I fully sympathazie with your situation.
However, Since you are now in India, there is no way that you can come to Canada unless your husband sponsers you. If someone else sponsers you then the embassy will reject the visa on grounds that only your husband can sponser you. The laws of this land are like this. Since you made the mistake of initally coming to Canada on a Visitor's visa, you have no way of entering Canada. Unless he Divorces you, you are still legally his wife and if he ever enters India, you can use legal and illegal ways to detain him in India. Otherwise you can do nothing.
You canot complain that your husband abused you now. No one will belive the authencity of it.
It looks by your post that you would like to come to Canada and make your immigration permanent, irrespective of whether you will be or will not be reconciled with your husband. Unfortunately, you canot do this.
Also, be informed that there are 10's of 100's of women undergoing the same problem in Canada (desi's).
I know of a Desi couple who Came to Canada on Immigrant visa. The Husband abused his wife and they divorced. Both went to India to get married. The husband was thrashed by the relatives of the wife. Both are now married and lead spearate lives in Canada. This was b'cos they both had immigrant visa's. Unfortunately, this is not so in your case.
I also know of a person who came to Chennai from Aussie land and got married to a girl. After 2 or 3 days, he fled to Aussie land and said that he was no more interested in the marriage. He still has not divorced the girl. Since Aussie land was involved, Nothing could be done by Indian Authrities.
Hope more Senior Desi members would help you further.
All the best in your future endeavours.
TK A
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I am a Gents and not a Ladies.
Location: British Columbia
Posted on: 06-02-07 13:02:22
Can skd8 apply to come to Canada as a professional/independant?
Have you considered returning to the USA?
Did you receive any professional support services/help while you were in BC?
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Quote:
Originally posted by skd8
During the 5 months I was with my husband in Canada, he was very abusive emotionally and physically. I believed it was a bad phase at work and in life and thats why he was behaving weird. Just to escape this I came down to visit my family in India in July 2006.
well if in those 5 months u had complained once to the police tha the tortures u..there wud have been some things done
one of ma freind was in the same sitauation as u..but she was in canada when he withdrew her application..she applied for refugee under humanitarian basis.and she got it.She had some relatives(canadian citizens) as proofs that he used to beat her and stuff..
now that u are in india..i dont think there is anyway u can come to canada except skilled class or buissness or provicnical based immigration,
Try to get back to the USA..and it will be easier from there to enter into canada..
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it is nice to be important..but it is more importanat to be NICE
The Indian govt is waking up to the situation. Read this...
http://timesofindia.indiatimes.com/NEWS/India/Govt_to_help_women_left_in_lurch_abroad/articleshow/988314.cms
Govt to help women left in lurch abroad
NEW DELHI 30th Dec 2006: In its bid to assist Indian women who have either been deserted or divorced by their husbands overseas within a year of marriage, the government has finalised a scheme to provide them free legal and counselling services.
The ministry of overseas Indian affairs (MOIA) proposes to introduce this scheme in the US, UK, Canada, Germany, Australia, Malaysia, New Zealand and the Gulf. The assistance will be provided to NRI women as well as foreign citizens of Indian origin.
The ministry will involve credible women’s organisations and NGOs working in these countries and give them financial assistance to the tune of $1,000 for every woman they assist. The organisations will be expected to provide documentation and initial work for legal proceedings and counselling for the deserted woman.
“The objective of the scheme is to provide free advisory and legal services to women of Indian origin in distress as a welfare measure. Legal services would be provided by a panel of community advocates through credible Indian associations and women’s organisations,” an official said.
The scheme, firmed up at a high-level meeting in the ministry, will cover women deserted in India or overseas within one year of their marriage or divorce proceedings initiated by the husband within one year of marriage. Legal aid will also be provided if there is an ex-parte decree of divorce or annulment of the marriage is obtained by the husband and a case of maintenance or alimony is required to be filed.
Ministry officials said the proposal would be circulated among Indian community associations by the missions concerned for information and publicity and sent to women’s groups and NGOs inviting them to apply for impanelment under the scheme. The applications received from women seeking assistance will be examined by a committee in the ministry. Based on the scrutiny and approval of the ministry, the cases will be recommended to the missions for giving assistance to women in distress.
The government’s decision to put in place the assistance mechanism comes in the wake of increasing number of complaints of Indian women who opt for NRI marriages but are abandoned or ill-treated by their husbands.
Try Canadian Embassy's help in this matter along with India authorities. Since you are still married, you have right to join your husband. Atleast close the India door. Also contact some Cdn lawyers if you can to see what can be done.
i would not simply give up.
Location: British Columbia
Posted on: 06-02-07 18:08:48
Quote:
Originally posted by Mercury
Try Canadian Embassy's help in this matter along with India authorities. Since you are still married, you have right to join your husband. Atleast close the India door. Also contact some Cdn lawyers if you can to see what can be done.
i would not simply give up.
She does not seem to be indicating that she wants to return to her abusive home situation.
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