Abandoned PLEASE HELP!!!!

[Underhill]

Horrible situation. I'm terribly sorry for you and your daughter.

However, while your situation is emergent, I'm pretty sure your wife, doesn't get to simply change her mind and abandon her sponsor PR obligations. The PR application she signed is a legal contract putting her on the financial hook for you for quite awhile. Perhaps someone with more knowledge on this aspect of the PR obligations can chime in.

If you still don't have a work permit I'd reach out to IRCC by phone and explain the situation - maybe they can prod the work permit process along so you can get a job and begin the process of custody arrangements for your daughter.

I sincerely hope your situation improves quickly!

 

[scylla]

The family lawyers find it difficult because of the immigration aspect.

Search for a lawyer who specializes in cross-border family law. There are definitely lawyers in both Canada and the U.S. who specialize in this area. If you and your wife are definitely splitting up, you'll need legal advice as it relates to any shared assets and also custody of your child.

IMO you don't need an immigration lawyer. An immigration lawyer can't really help you at this time unless you want an immigration lawyer's help to determine how you might be able to qualify for PR on your own through an economic immigration stream like Express Entry. An immigration lawyer can certainly help you with this - but also entirely feasible (and far cheaper) to do this on your own. An immigration lawyer can't help you at all as it relates to the spousal sponsorship application. Your wife is the one with all of the power here (fairly or unfairly). Entirely her choice whether she keeps the application processing or cancels / withdraws.

 

[scylla]

Horrible situation. I'm terribly sorry for you and your daughter.

However, while your situation is emergent, I'm pretty sure your wife, doesn't get to simply change her mind and abandon her sponsor PR obligations. The PR application she signed is a legal contract putting her on the financial hook for you for quite awhile. Perhaps someone with more knowledge on this aspect of the PR obligations can chime in.

If you still don't have a work permit I'd reach out to IRCC by phone and explain the situation - maybe they can prod the work permit process along so you can get a job and begin the process of custody arrangements for your daughter.

I sincerely hope your situation improves quickly!

There's no financial obligation at this time based on spousal sponsorship.

OP's application hasn't been approved yet.

The financial obligation only comes into play once the PR application is approved and the OP has landed and officially become a PR.

As of now, the wife has no financial obligation based on the PR application.

 

[canuck78]

Horrible situation. I'm terribly sorry for you and your daughter.

However, while your situation is emergent, I'm pretty sure your wife, doesn't get to simply change her mind and abandon her sponsor PR obligations. The PR application she signed is a legal contract putting her on the financial hook for you for quite awhile. Perhaps someone with more knowledge on this aspect of the PR obligations can chime in.

If you still don't have a work permit I'd reach out to IRCC by phone and explain the situation - maybe they can prod the work permit process along so you can get a job and begin the process of custody arrangements for your daughter.

I sincerely hope your situation improves quickly!

If OP doesn’t have PR yet of course his spouse can withdraw the sponsorship application. If they are separating she actually must inform IRCC of their change in relationship status.

 

[YVR123]

The family lawyers find it difficult because of the immigration aspect.

There is no real "immigration" aspect of this case. You will not get PR if your spouse decided to divorce from you and withdraw sponsorship.

 

[Underhill]

If OP doesn’t have PR yet of course his spouse can withdraw the sponsorship application. If they are separating she actually must inform IRCC of their change in relationship status.

Yikes! Didn't realize this.

Thanks for the clarification Canuck78 and scylla.

 

[Phalos]

OP needs to be speaking to a family lawyer unless he and his ex can work out a separation amicably

Lawyer?? guy doesn't even have money for a mattress. Members have proposed for him to go to a food bank and shelter. A family lawyer starts at $100/hr +++
I agree though, if OP wants to fight for his daughter, he would need to go back to USA, get a job to pay for and find a cross border lawyer....it wont be pretty like I said.

 

[Phalos]

For now though, while his daughter is breastfeeding, there wont be any visitation because baby needs to be with its mother 24/7, until a certain age. That's my take on this situation. I don't see the courts ordering the mother handing over a 1 year old baby to father for a trip to Wonderland.

 

[canuck78]

Lawyer?? guy doesn't even have money for a mattress. Members have proposed for him to go to a food bank and shelter. A family lawyer starts at $100/hr +++
I agree though, if OP wants to fight for his daughter, he would need to go back to USA, get a job to pay for and find a cross border lawyer....it wont be pretty like I said.

Just because he doesn’t have the money doesn’t change the advice.

 

[canuck78]

For now though, while his daughter is breastfeeding, there wont be any visitation because baby needs to be with its mother 24/7, until a certain age. That's my take on this situation. I don't see the courts ordering the mother handing over a 1 year old baby to father for a trip to Wonderland.

How do you know the mother is breastfeeding and not formula fed? The child is over 1 year old and would be eating food at this point. Fathers have the right to visitation of young children. First we have no idea how the baby was fed but even if the baby was breastfed the mother could pump and provide frozen breast milk for the father. Pretty sexist to assume a father can’t be nurturing and would only be able to take the child out for fun. Would add that courts will certainly allow for fathers to have visitation if not partial custody if it is in the best interest of the child. Having both parents actively involved in a baby’s life is best as long as a safe environment is possible.

 

[Copingwithlife]

For now though, while his daughter is breastfeeding, there wont be any visitation because baby needs to be with its mother 24/7, until a certain age. That's my take on this situation. I don't see the courts ordering the mother handing over a 1 year old baby to father for a trip to Wonderland.

Ok, either you’re living in a time warp and it’s 1945,or you don’t realize it’s 2021
Doesn’t quite work that way

 

[Phalos]

How do you know the mother is breastfeeding and not formula fed?

point is its still a baby and mother has full control over it. she can defy any court order and get away with it. no court will put a mother of a baby in prison.
if you know otherwise lets hear it.

 

[Phalos]

I'm telling OP his future in court. The choice is HIS. And now I'm out of this thread.
If OP needs more sound advice, I'd be more than happy to answer in private message.
People unfortunately have do not like reality.

 

[Phalos]

mother could pump and provide frozen breast milk for the father.

I'm sure she will LOL

 

[dreamscanadian]

You need to get legal counsel on two issues here. Your immigration and your custody/divorce issues. There are protections for sponsorship breakdown situations - Since you have a child - You may be able to apply to stay in Canada on humanitarian or compassionate grounds. Get legal counsel ASAP!