Need a little guidance: Spousal sponsorship with children involved

[AmyL]

Hi, I have a few questions. My husband is in Canada and I am in the US. My youngest daughter is almost 17 (in August). I know we are supposed to have something giving permission from the other parent if they are minors. My court order says there are no restrictions for where we can live. My ex is not receiving visitation right now, but there is no court order to this fact. He rears his ugly head now and then to start court battles. He has not had any contact with the kids in almost 2 years. I finally got a hold of him over a year ago, he refused to discuss anything, threatened me about contacting him, and ended the conversation. That was the last time I heard anything from him. Other attempts have failed. Although he probably would not sign forms for me anyway, he has no ID and has had no ID for over 2 decades, so it would not be valid. He does everything under the table and as far as I know he hasn't filed a tax return since about that time as well. Since my daughter is almost 17, we wanted to send in the application in the hopes that we can go to Canada as soon as she turns 18, if not right before hand. I know it takes a year to process, but that still leaves a few months until she is 18. Knowing my ex, he would probably lie and cause problems if he knew I said I couldn't contact him, but then again he would not be able to prove that one way or the other. I do not want to be denied over this or for the few months between the one year processing and her 18th birthday. Does anyone have any advice for my situation or know of a similar situation with ages being close to 18? We have already waited for over a year to file because of the age thing and I would hate to have to wait until she was 18 to file. Also, how long is the window that they give you to arrive in Canada? My job usually gives out contracts for 10 months (school) and that is something to consider as well because I do not want to have problems with having to wait until the end of my contract or breaking my contract because of the dates for immigration, which is why we want to send it out now, so that the timing works out for next summer and contract time.

 

[AmyL]

Oh, and the timing of my lease on my apartment.... That all ends/begins around the same little window.

 

[DiiDii]

To Be honest I'd Wait until she turns 18. Less paperwork and problems. However You're in the US most US applications get through in less than 6 months. Not sure with a dependent though...But I doubt it will take you the entire 12 months.

As for your Job thats ok. Your in the US you can take a trip Land officially and go back to finish off any loose ends and come back. Just my thoughts.

 

[armoured]

Can you start with basics in explaining what you are trying to do and your status? You want to apply under which program? Your estranged husband will not be the sponsor (and I presume not a citizen, otherwise likley your daughter would be too)?

 

[canuck_in_uk]

Hi, I have a few questions. My husband is in Canada and I am in the US. My youngest daughter is almost 17 (in August). I know we are supposed to have something giving permission from the other parent if they are minors. My court order says there are no restrictions for where we can live. My ex is not receiving visitation right now, but there is no court order to this fact. He rears his ugly head now and then to start court battles. He has not had any contact with the kids in almost 2 years. I finally got a hold of him over a year ago, he refused to discuss anything, threatened me about contacting him, and ended the conversation. That was the last time I heard anything from him. Other attempts have failed. Although he probably would not sign forms for me anyway, he has no ID and has had no ID for over 2 decades, so it would not be valid. He does everything under the table and as far as I know he hasn't filed a tax return since about that time as well. Since my daughter is almost 17, we wanted to send in the application in the hopes that we can go to Canada as soon as she turns 18, if not right before hand. I know it takes a year to process, but that still leaves a few months until she is 18. Knowing my ex, he would probably lie and cause problems if he knew I said I couldn't contact him, but then again he would not be able to prove that one way or the other. I do not want to be denied over this or for the few months between the one year processing and her 18th birthday. Does anyone have any advice for my situation or know of a similar situation with ages being close to 18? We have already waited for over a year to file because of the age thing and I would hate to have to wait until she was 18 to file. Also, how long is the window that they give you to arrive in Canada? My job usually gives out contracts for 10 months (school) and that is something to consider as well because I do not want to have problems with having to wait until the end of my contract or breaking my contract because of the dates for immigration, which is why we want to send it out now, so that the timing works out for next summer and contract time.

Does the custody agreement specifically state that you have the legal authority to move the child anywhere? Does the agreement give the father any custodial rights?

 

[canuck_in_uk]

Can you start with basics in explaining what you are trying to do and your status? You want to apply under which program? Your estranged husband will not be the sponsor (and I presume not a citizen, otherwise likley your daughter would be too)?

Pretty clear from the first post that OP is American and planning to be sponsored by her current Canadian spouse.

 

[armoured]

Pretty clear from the first post that OP is American and planning to be sponsored by her current Canadian spouse.

Yes, I see now that's most likely.

 

[AmyL]

Can you start with basics in explaining what you are trying to do and your status? You want to apply under which program? Your estranged husband will not be the sponsor (and I presume not a citizen, otherwise likley your daughter would be too)?

My husband is Canadian by birth. I am a US citizen by birth as well as my kids. We are trying to go under the family/spousal sponsorship. We were married in 2018. My ex is also American, but he has no current legal identification. Let me know if you have any other questions.

 

[AmyL]

Does the custody agreement specifically state that you have the legal authority to move the child anywhere? Does the agreement give the father any custodial rights?

I think that the line in the divorce decree is something along the lines that I have the exclusive right to designate the child's primary residence with no regard to geographical location. Technically he has joint custody but is MIA and does not currently exercise visitation rights. Given that he has no identification, he cannot sign papers (not that he would). As stated above, there has been no contact. No responses, no answer at the door, etc. The immigration paperwork says that you can write a letter saying as much, but I was wanting info first.

 

[AmyL]

To Be honest I'd Wait until she turns 18. Less paperwork and problems. However You're in the US most US applications get through in less than 6 months. Not sure with a dependent though...But I doubt it will take you the entire 12 months.

As for your Job thats ok. Your in the US you can take a trip Land officially and go back to finish off any loose ends and come back. Just my thoughts.

I thought I had read on the immigration website somewhere that if you leave, you could loose the permanent residence status. I got the window of time from the immigration website. It is maybe an option, but we are talking about waiting yet another year. Let's say you are right and that we wait until she is 18, then 6 months processing, I would still have another half year to end my contract and that would add on another year to what we have already waited. At that point it would be like 4 or 5 years total. If I leave my job, I would jeopardize my credentials that I would need to work in Canada. Also, there is the lease on the apartment, and the window of time that immigration will allow me to come.

 

[canuck_in_uk]

I think that the line in the divorce decree is something along the lines that I have the exclusive right to designate the child's primary residence with no regard to geographical location. Technically he has joint custody but is MIA and does not currently exercise visitation rights. Given that he has no identification, he cannot sign papers (not that he would). As stated above, there has been no contact. No responses, no answer at the door, etc. The immigration paperwork says that you can write a letter saying as much, but I was wanting info first.

Double check exactly what it says. If you have the legal right to move the child ANYWHERE in the world without his permission, that should overcome the fact that he technically has joint custody. However, no guarantee on that.

Also note that you could apply whenever you want and include her as non-accompanying. That means you don't have to provide custody/permission docs. Once she turns 18, you could then change her to accompanying.

 

[DiiDii]

I thought I had read on the immigration website somewhere that if you leave, you could loose the permanent residence status. I got the window of time from the immigration website. It is maybe an option, but we are talking about waiting yet another year. Let's say you are right and that we wait until she is 18, then 6 months processing, I would still have another half year to end my contract and that would add on another year to what we have already waited. At that point it would be like 4 or 5 years total. If I leave my job, I would jeopardize my credentials that I would need to work in Canada. Also, there is the lease on the apartment, and the window of time that immigration will allow me to come.

This is what is on the Government Website " To keep your permanent resident status, you must have been in Canada for at least 730 days during the last five years. These 730 days don’t need to be continuous. Some of your time abroad may count towards the 730 days. "

Therefore you shouldn't have an issue. I'm sure you would be coming back and forth to visit in between. However What Canuk UK said about applying as Non-Accomp. Then Applying for her after can possibly work as well if you have help with having someone to keep her for you until her application is approved.

 

[AmyL]

Double check exactly what it says. If you have the legal right to move the child ANYWHERE in the world without his permission, that should overcome the fact that he technically has joint custody. However, no guarantee on that.

Also note that you could apply whenever you want and include her as non-accompanying. That means you don't have to provide custody/permission docs. Once she turns 18, you could then change her to accompanying.

Going straight from the documents it says I have " the exclusive right to designate the primary residence of the children without regard to geographic location." It is standard unless changed. It does not say "anywhere," "in the United States," or "the state," but it does say without regard to geographic location. To me that is anywhere, but maybe not to the court. Unfortunately, if I filed in court, it would take just as long as waiting until she is 18 because they would have to do due diligence to find him, which is hard with him under the radar and with no ID to sign for papers that he is served.

When do you have the ability to change non-accompanying to accompanying? If I get processed before she is 18, then I don't think I could change it once they make a decision. It would be a big issue.

 

[DiiDii]

Going straight from the documents it says I have " the exclusive right to designate the primary residence of the children without regard to geographic location." It is standard unless changed. It does not say "anywhere," "in the United States," or "the state," but it does say without regard to geographic location. To me that is anywhere, but maybe not to the court. Unfortunately, if I filed in court, it would take just as long as waiting until she is 18 because they would have to do due diligence to find him, which is hard with him under the radar and with no ID to sign for papers that he is served.

When do you have the ability to change non-accompanying to accompanying? If I get processed before she is 18, then I don't think I could change it once they make a decision. It would be a big issue.

You can change it at any point in between or apply for her separately after up until she is 22 years of age. Just know that it might extend processing time depending on when you decide to add her to the application. but I don't think by much...just saying.

 

[AmyL]

This is what is on the Government Website " To keep your permanent resident status, you must have been in Canada for at least 730 days during the last five years. These 730 days don’t need to be continuous. Some of your time abroad may count towards the 730 days. "

Therefore you shouldn't have an issue. I'm sure you would be coming back and forth to visit in between. However What Canuk UK said about applying as Non-Accomp. Then Applying for her after can possibly work as well if you have help with having someone to keep her for you until her application is approved.

Unfortunately, she is autistic and it would be difficult for anyone to keep her. Maybe family for a short time, but I think she would be devastated if we went without her. She is already fragile because of her biological father. He has been abusive and she has had major repercussions from that. However, no one in authority has done anything about it at all and the court can't take rights until he is convicted.