Declaring my child for permanent residency under CEC, my husband not the father

[Quinno]

I got here in canada last november of 2009 and went back home just to get married last october 2010 and returned in Canada to work again right after the wedding. My married status was declared when i filed for my income tax return in 2011. Unfortunately, i found out that my husband was cheating on me before we even celebrated our 1st year wedding anniversary. Since then, we were not able to fix our marriage but legally we are still married. I went on with my life working here in Canada with no communication with my husband & got into a new relationship after a year of "separation" (that moment when i found out that he cheated on me). Unexpectedly i got pregnant last december 2012 and gave birth this june 2013. Since my child is automatic a canadian citizen, i already decided to apply for my permanent residency under CEC before this year ends. Would there be any bearing if i declare my baby on my application but the father is not my husband? I am communicating with my ex husband because i still need to declare him, accompanying or not, since we are still legally married. I need your advice because time is running out that i might be sent home with the law that TFW's can only stay till 2015. My baby is a citizen already and i don't know what to do with this fear. Thanks so much!

 

[gladaki]

I got here in canada last november of 2009 and went back home just to get married last october 2010 and returned in Canada to work again right after the wedding. My married status was declared when i filed for my income tax return in 2011. Unfortunately, i found out that my husband was cheating on me before we even celebrated our 1st year wedding anniversary. Since then, we were not able to fix our marriage but legally we are still married. I went on with my life working here in Canada with no communication with my husband & got into a new relationship after a year of "separation" (that moment when i found out that he cheated on me). Unexpectedly i got pregnant last december 2012 and gave birth this june 2013. Since my child is automatic a canadian citizen, i already decided to apply for my permanent residency under CEC before this year ends. Would there be any bearing if i declare my baby on my application but the father is not my husband? I am communicating with my ex husband because i still need to declare him, accompanying or not, since we are still legally married. I need your advice because time is running out that i might be sent home with the law that TFW's can only stay till 2015. My baby is a citizen already and i don't know what to do with this fear. Thanks so much!

U need to get legally separated. Better take a lawyer advice. I know a gal who was in similar position.

1. Did u register marriage in your home country or in canada. ?
If not , then you don't need to declare him, unless you want him with u in canada. It's pretty much your decision.

 

[Quinno]

I am receiving tax return as a married woman since i changed my status when i filed it.

 

[mydandelions]

I really cannot say if what I'll share can help you coz I believe an immigration lawyer is what you need but here goes..

In an event of a "breakdown of
marriage" and you are concerned with your PR application, as long as you can prove that you no longer are "in a relationship" with your (married) spouse for a period of one year, a divorce can be filed here in Canada regardless where that otherhalf of yours is and whether your marriage was held back home.

I have 2 girl friends who ended up getting a divorce here coz their husbands back home were "playing with fire" too. One of them, whose husband did not contest the filing of divorce, got the court's decision in 8 months. Paid 2k and other fees to the lawyer and is now a free woman. Filed for AINP and got PR last year.

Your spouse will remain a dependant until your divorce gets finalized. So if you go ahead and
apply with a married status and he refuses to cooperate during the PR process like not signing the forms and stuff, it could mean more headaches for you. If you don't wanna file for a divorce, make sure you are in good terms with him so he will cooperate too.

And of course, consult a lawyer. These matters are better dealt by them.

Just wanna make it clear that this of course is entirely up to you ok? Just sharing what I know.
Anyways, good luck to you, your baby and your application.

 

[mydandelions]

Btw, I know that you know, you MUST declare ALL dependants (canadian or not)..so whether it has bearing (negative) to your app or none because the baby is not your husband's, you have no control over that. But I don't see that as reason for refusal. It won't be fair.

(Just my opinion everyone..)

 

[Quinno]

Thanks gladaki & mydandelions! I will start to seek for a lawyer's advice. Btw, my ex husband is willing to cooperate. In fact, i already sent the papers that he needs to sign & the last time we talked, he already signed them to also make up for all the pains that he caused me. He is now happy with his gf & daughter but he didn't know about my baby (well, i think he doesn't need to know that anymore). I never thought of filing a divorce here in Canada coz i have no plan of getting married again. But then again, i might as well get advice from a lawyer re: this matter. Thanks again!