Need a little guidance: Spousal sponsorship with children involved

[DiiDii]

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.

Very sorry to hear that. Not sure how it works in America, however could you apply for temporary full time custody for the sake of the application. It's that or waiting then. But read the other posts and see.

 

[AmyL]

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.

The other person said that it takes around 6 months for US citizens to be processed, so wouldn't it be a "case closed" type of deal as in they made a decision and it is done? Plus it said that we would have to wait several years to sponsor anyone else after my sponsorship. Granted, my in-laws could do so, but that would take a long time as well.

 

[AmyL]

Very sorry to hear that. Not sure how it works in America, however could you apply for temporary full time custody for the sake of the application. It's that or waiting then. But read the other posts and see.

I can check into a temporary order (as much as I hate poking at bears....), but it does say that if we have no contact with him, we can write a letter saying so. I am absolutely tired of court with him. He says the most outrageous lies and everything under the sun is my fault. Lord knows he will twist his current lack of visitation on me even though it was the lawyers that said no. We hired a lawyer for the kids, and he said no visits until certain things come to pass. Maybe a letter from him would work.

 

[canuck_in_uk]

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 her to accompanying at any point up until you land as a PR.

You generally have one year from the date of the medical to land as a PR, so even if the app is processed before she turns 18, you could delay landing and still change her to accompanying.

Alternatively, you could land and then sponsor her. She would be able to come to Canada as a visitor with you while the sponsorship app processes.

 

[armoured]

It does seem that your best option may be to include her as non-accompanying and apply for yourself sooner. You will still have the option of adding her to your ongoing app or sponsoring her later. She should be able to come with you as a visitor, or you can do a 'soft landing' to wait until she is 18. At least with applying sooner you will have options to join your spouse earlier. I assume schooling and other considerations are in play as well.

One note on the 'no geographic restrictions' clause in your custody agreement (and you may wish to consult a lawyer) - if your ex wishes to pursue or create problems, I am sure he could find lawyers who would be willing to argue and file with courts challenging eg a permanent move to Canada (arguing, for example, that taking the child out of country is akin to nullifying or hampering his joint custody or visitation rights). Even if there's an existing agreement with (seemingly) plain language, it doesn't mean it can't be challenged. Obviously no idea whether such a motion or attempt would succeed (and would likely only be an issue until age 18), but it could still cause legal hassles for you as well as costs. (Cross-border custody matters being particularly messy). So in that respect running out the clock (or not poking the bear as you put it) may be the wise course.

Good luck.

 

[armoured]

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.

https://www.canada.ca/en/immigratio...onomic-classes/family-class-circumstance.html

This notes it can be changed 'during processing.' Unfortunately it doesn't specify more detail but from some other posts here in past, believe it may be possible after decision but before landing. At any rate you can sponsor afterwards and/or have her visit as from USA during her application.

 

[AmyL]

https://www.canada.ca/en/immigratio...onomic-classes/family-class-circumstance.html

This notes it can be changed 'during processing.' Unfortunately it doesn't specify more detail but from some other posts here in past, believe it may be possible after decision but before landing. At any rate you can sponsor afterwards and/or have her visit as from USA during her application.

Thank you for your reply. As far as I have seen, and I may be wrong, it will be a few years before I'm eligible to sponsor someone. Plus, I can't leave her here. I'm going to look through these forums for processing times and see what I can find. I may just have to wait a few months to file and then she will have less time until 18. I hope the letter I include will help push it through. I have no problem (except wanting to be with my husband) waiting until after she is 18 to cross the border.

 

[AmyL]

It does seem that your best option may be to include her as non-accompanying and apply for yourself sooner. You will still have the option of adding her to your ongoing app or sponsoring her later. She should be able to come with you as a visitor, or you can do a 'soft landing' to wait until she is 18. At least with applying sooner you will have options to join your spouse earlier. I assume schooling and other considerations are in play as well.

One note on the 'no geographic restrictions' clause in your custody agreement (and you may wish to consult a lawyer) - if your ex wishes to pursue or create problems, I am sure he could find lawyers who would be willing to argue and file with courts challenging eg a permanent move to Canada (arguing, for example, that taking the child out of country is akin to nullifying or hampering his joint custody or visitation rights). Even if there's an existing agreement with (seemingly) plain language, it doesn't mean it can't be challenged. Obviously no idea whether such a motion or attempt would succeed (and would likely only be an issue until age 18), but it could still cause legal hassles for you as well as costs. (Cross-border custody matters being particularly messy). So in that respect running out the clock (or not poking the bear as you put it) may be the wise course.

Good luck.

A 'soft landing' may be an option but I need the rules for changing status. I won't leave her. She is already having issues from what he's done and she'd have more if she felt I abandoned her. I doubt he'd cause issues once she is 17 because what is the point any that point, but then again, he can be petty.

 

[armoured]

A 'soft landing' may be an option but I need the rules for changing status. I won't leave her. She is already having issues from what he's done and she'd have more if she felt I abandoned her. I doubt he'd cause issues once she is 17 because what is the point any that point, but then again, he can be petty.

I don't think anyone is suggesting you leave her. You would bring her as a visitor as she is unable to immigrate now. Or, if your approval comes through quickly, you go to Canada to formally land and then return home for a period, with intent to settle permanently a while later. It is possible for her to apply inland while visiting (once of age).

 

[armoured]

Thank you for your reply. As far as I have seen, and I may be wrong, it will be a few years before I'm eligible to sponsor someone.
...
I have no problem (except wanting to be with my husband) waiting until after she is 18 to cross the border.

I think you have possibly misunderstood your ability to sponsor someone once you are a PR living in Canada:
https://www.canada.ca/en/immigratio...ship/spouse-partner-children/eligibility.html

Read the section titled "You may not be eligible to sponsor your spouse, partner or child if you...".

I highlight this because the section above this says you must wait several years to sponsor a spouse if you were recently sponsored by a (different) spouse. To sponsor your child, the waiting period does not seem to apply.

So you would seem to have at least two options: declare her as non-accompanying and then add her to your own PR application prior to your landing (she would be sponsored by your spouse) once she is of age, or, declare her as non-accompanying and then you could sponsor her after she reaches 18 years of age (as long as you are at that point already a PR living in Canada and other general restrictions such as criminality).

There are many more details and nuances but in some respects it seems starting your own application earlier would give you options without taking many away.

 

[canuck_in_uk]

Thank you for your reply. As far as I have seen, and I may be wrong, it will be a few years before I'm eligible to sponsor someone. Plus, I can't leave her here. I'm going to look through these forums for processing times and see what I can find. I may just have to wait a few months to file and then she will have less time until 18. I hope the letter I include will help push it through. I have no problem (except wanting to be with my husband) waiting until after she is 18 to cross the border.

You could sponsor her the day you become a PR.

No letter will "push it through".

A 'soft landing' may be an option but I need the rules for changing status. I won't leave her. She is already having issues from what he's done and she'd have more if she felt I abandoned her. I doubt he'd cause issues once she is 17 because what is the point any that point, but then again, he can be petty.

What do you mean about the "rules for changing status"?

As already said, you don't have to leave her. You can land and return to the US right away and then bring her with you to Canada as a visitor while sponsoring her.

 

[AmyL]

I think you have possibly misunderstood your ability to sponsor someone once you are a PR living in Canada:
https://www.canada.ca/en/immigratio...ship/spouse-partner-children/eligibility.html

Read the section titled "You may not be eligible to sponsor your spouse, partner or child if you...".

I highlight this because the section above this says you must wait several years to sponsor a spouse if you were recently sponsored by a (different) spouse. To sponsor your child, the waiting period does not seem to apply.

So you would seem to have at least two options: declare her as non-accompanying and then add her to your own PR application prior to your landing (she would be sponsored by your spouse) once she is of age, or, declare her as non-accompanying and then you could sponsor her after she reaches 18 years of age (as long as you are at that point already a PR living in Canada and other general restrictions such as criminality).

There are many more details and nuances but in some respects it seems starting your own application earlier would give you options without taking many away.

Thanks for the info. Is there any possibility where CIC would give us a landing date that is in the future? For example, if I got approved in April but they said I can't "land" until August. How do those dates work? And how long of a window is there once you get your PR to land?

 

[AmyL]

I don't think anyone is suggesting you leave her. You would bring her as a visitor as she is unable to immigrate now. Or, if your approval comes through quickly, you go to Canada to formally land and then return home for a period, with intent to settle permanently a while later. It is possible for her to apply inland while visiting (once of age).

Wouldn't her time of being able to visit be shorter that what it takes to process the application?

 

[canuck_in_uk]

Thanks for the info. Is there any possibility where CIC would give us a landing date that is in the future? For example, if I got approved in April but they said I can't "land" until August. How do those dates work? And how long of a window is there once you get your PR to land?

You need to read each response. As I already stated in a previous post, you generally have one year from the date of the medical to land. No, you don't get a future landing date. You get approved, get a COPR and can land.

Wouldn't her time of being able to visit be shorter that what it takes to process the application?

Visitor status can be extended.

 

[AmyL]

You could sponsor her the day you become a PR.

No letter will "push it through".



What do you mean about the "rules for changing status"?

As already said, you don't have to leave her. You can land and return to the US right away and then bring her with you to Canada as a visitor while sponsoring her.

What I meant by the rules of changing status is when I am able to change her status of accompanying vs non-accompanying as well as if the process would have to be started completely over for her and therefore her be the primary on a new app vs them just adding her to mine at some point.