Legal Impediments

[Mynn]

Dear Mr. Cohen,
I am 36 years old, female, has been estranged from my legal husband for almost 11 years but had 2 kids with him, a boy of 13 and a girl of 10.  Both kids are with me, and we never asked for financial support, having an understanding that communication will be cut.  My condition then and now.  In 2007 I bore another son, now 2 years old, with a different biological father.  It was unplanned so I opted to have the 3 kids now with me, and my youngest son not listed with any father, just under my maiden name.  Again, my choice.  Now, if I want to apply to migrate to Canada, what legal requirements do I need to successfully bring all 3 kids with me?  What if there is a single 34-year old Canadian man who would like to marry me in Canada?  I can not answer his proposal because I do not know what legal difficulties I will bring him. should I just apply and forget about the marriage proposal? Which will make it easier or faster for me? I intend to work since I know I able and willing.   Please give me some advice.  Thank you for your time. Sincerely, Mynn.

[Leon]

You need to have some court documents, some legal paperwork stating that you have full custody of all of the kids.

If you are getting married to a Canadian, he can sponsor you and your kids to immigrate to Canada.  His obligation will be to support you and your kids financially.  After you come to Canada, he will be financially responsible for you for 3 years, for the kids for 10 years each.  That goes if you try to go on welfare in Canada, he will get the bill.

If you choose another way to immigrate, that is up to you.  You can find Canada immigration at http://www.cic.gc.ca/english/immigrate/index.asp

[Mynn]

Thank you for your fast reply. Another question please.  What if I don't have any legal documents stating that I'm legally separated or divorced or annulled yet?  Will my current civil status in the Philippines have any bearing to my application to Canada?  Will it impede marrying my Canadian "friend"? He said our laws are different so I do not know really which is correct and legal.  Pls reply again. Many Thanks. 

Mynn

[PMM]

Hi

Thank you for your fast reply. Another question please.  What if I don't have any legal documents stating that I'm legally separated or divorced or annulled yet?  Will my current civil status in the Philippines have any bearing to my application to Canada?  Will it impede marrying my Canadian "friend"? He said our laws are different so I do not know really which is correct and legal.  Pls reply again. Many Thanks. 

Mynn

You have a problem, as there is no divorce in the Philippines, the you will have to have resided with your "friend" for 1 year in a common/law relationship, or apply as a conjugal party (extremely difficult) A guess there is an annulment of your previous marriage.

PMM