Immigrating to Canada from US with dependents and need some advice (HELP)

[Patricksgirls]

My fiance and I have several obstacles that I am worried about and hoping you all can help. We were both in the middle of divorces when we met and I am afraid that the other marriages may count against us. There is a significant age issue me-32 him-55 but we can prove that we are legitimately crazy about each other.
I also have a non admissible disease yet from what I understand I will be exempt from that as a spouse. Don't worry flamers you can't catch it lol. I also can manage it without putting financial burden on the system. The last issue is dependents and what do we need from the US courts to prove that I can immigrate them.
I spent from May 1-August 27 in Canada. I then went back for two weeks to visit in September.
Now I would like to go up there and get married as soon as our divorces are finalized so that we can live together as a normal family.
So how do I go about getting legal status since I have used a lot of my six month allowance already?
How do I get a visa since I am in the US? Can I ask for extensions on the visa for the children and I while we are waiting for a response on the PR?
How do I apply outland if we are planning on staying there but I will need to go back and forth with my kids for custodial reason?

 

[matthewc]

A divorce won't count against you usually - you just have to demonstrate the current relationship is genuine, and any previous marriages are over - legally divorced or separated for at least a year if you're applying as common-law.

The exception is if the sponsor sponsored their previous spouse to Canada - in that case you can expect them to look into whether the previous marriage / sponsorship was one of convenience.

Re your medical issue, unless it's a danger to public health or safety (e.g. active tuberculosis) it won't be a problem. Spousal sponsorships are exempt from the requirement not to cause an excessive demand on health care services.

For your dependent children, you'll need to show court documents giving you full custody, or alternatively a statutory declaration of consent from the other parent in order to bring them to Canada with you. Whether or not they are accompanying you, all dependents have to be examined (medical, etc).

You seem to be under the impression the 6 month limit covers more than one visit to Canada. It doesn't. Each time you enter Canada is a new request for admission. If you're let in without them stamping your passport or issuing any other paperwork, you can stay for up to 6 months. However, once you're married and seeking to wait out the PR application from within Canada, it's a bit different. You need to get documentation to enable you to extend your stay from within Canada - that's not actually a visa (US citizens are visa exempt). See here:

http://us2canada.com/visiting.php
http://us2canada.com/visitorrecord.php

You apply outland using this application kit. You just put the address in Canada as your residential / mailing address:

http://www.cic.gc.ca/english/information/applications/fc.asp

If you end up with anything other than full custody (shared / joint), you'll definitely need consent from the other parent in order for the children to be able to become permanent residents of Canada, and live in Canada with you.

 

[Patricksgirls]

Thanks! That clears up a lot! I am going for full custody and no reason I should not get it actually since the ex has not seen or supported the children in over six months. Last time I went through they gave me a visitor visa because the border guard at Winnepeg/Emerson was a complete moron and accused me of lying although I was not. However he only gave me a two week stay. If I get that again I understand I can petition that to extend it though.

 

[matthewc]

What you got was a visitor record, not a visa. Those are usually issued when a visa-exempt visitor is entering under less usual circumstances and can be restrictive (limiting your stay to 2 weeks or requiring you to report later), or enabling (permitting you to stay longer than 6 months). Note that now you were issued a very restrictive VR once means you're more likely to get looked at closely next time. Carry plenty of proof of your intentions and ability to support yourself financially while waiting for the pr app to be completed.

 

[Patricksgirls]

Would a letter from my fiance stating that he will support me while I visit count? This was my fear from the last time....

 

[matthewc]

That would suffice - if accompanied by proof (bank statement) that your fiance does actually have enough money to support you.

If you've not filed the PR app yet when you cross back in to Canada, and plan on telling them you're intending to marry a Canadian and immigrate, and be supported by him during your visit, I'd highly recommend you have the PR application fees ($1040) paid already, and carry a copy of the receipt. That shows them you're serious about sending in the application, know what it entails, etc. Anecdotally at least, they seem to like to see that.

Note if he's not with you when you cross back into Canada, the wording on the letter may make a bit of a difference. It should say that he wants you to visit and is happy to support you during your visit, while waiting for your PR application to be processed. Making it clear you're a visitor, not trying to jump the gun and live in Canada before your PR status is approved is important, even if - to you and I - it seems like an arbitrary distinction, intent is important.