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Author Topic: Need to withdraw 16yo due to custody issues  (Read 174 times)
deb0725
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« on: October 09, 2009, 05:18:26 pm »

Hello everyone,

I need to withdraw the immigration proceedings from a family class sponsorship.  My 16 yo daughter will be living with my parents until she is 18 and can legally move to Canada via immigration.  My immigration paperwork was filed on June 29th with the Mississauga office for my husband (Canadian natural resident) to sponsor myself, his wife and my two children from a previous marriage.  My ex husband refuses to allow my 16 yo to immigrate even though he has no contact at all with her.  He has joint custody and has seen her two times in 9 years.  The choice to not see her is his not hers.  She wants to move but my ex and I have joint custody so he can complain if needed. 

I am thinking I need to just withdraw her from the petition.  She will be 17 in Feb 2010.  Any thoughts or ideas would be helpful. 

We are thinking the best and easiest decision is just not have her immigrate and have her stay with her grandparents.  She can "visit " for several months at a time in Canada.  We are home schooling already so the school portion is not an issue.

Thoughts ideas anyone?
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Outland App-Buffalo, NY
June 28 App sent to CPC-M
June 29 App recd
July 28 Spnsrshp Appr'd
Sept 2 App moved to LA office for expediting?
Oct 15 - Rec'd req from LA for 18yo FBI Records
Oct 17-req from FBI - nothing heard yet - as of Nov 15
PMM
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Posts: 7775
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« Reply #1 on: October 09, 2009, 06:15:03 pm »

Hi

Hello everyone,

I need to withdraw the immigration proceedings from a family class sponsorship.  My 16 yo daughter will be living with my parents until she is 18 and can legally move to Canada via immigration.  My immigration paperwork was filed on June 29th with the Mississauga office for my husband (Canadian natural resident) to sponsor myself, his wife and my two children from a previous marriage.  My ex husband refuses to allow my 16 yo to immigrate even though he has no contact at all with her.  He has joint custody and has seen her two times in 9 years.  The choice to not see her is his not hers.  She wants to move but my ex and I have joint custody so he can complain if needed. 

I am thinking I need to just withdraw her from the petition.  She will be 17 in Feb 2010.  Any thoughts or ideas would be helpful. 

We are thinking the best and easiest decision is just not have her immigrate and have her stay with her grandparents.  She can "visit " for several months at a time in Canada.  We are home schooling already so the school portion is not an issue.

Thoughts ideas anyone?

1.  Ensure that your daughter has the medical exam, you don't have to withdraw the application.  If she doesn't have the medical exam, she would not be sponsorable in the future.
2.  If she is in your custody and the father has not exercised his "rights" go to court and get an order allowing you to remove the child from the state.  See a lawyer, 2 visitations in 9 years, you will probably get a sympathetic hearing.

PMM
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