shot in the dark

[peggyfran]

I don't know if anyone would have the answer to this question, but I thought I would try. My husband and two teenagers moved to PEI in July 2012. In December he moved in with his girlfriend and I withdrew my application to sponsor him.
I am not able to support myself here due to lack of jobs and want to return to the states to find employment. Does anyone know if he can stop me from leaving the country if he is only on a vistors visa? Any imput would be great.
Thanks

 

[CdnandTrini]

Reply: shot in the dark

Wow, that is some rough news, sorry to hear about your situation. What kind of status are you here on? It might be hard to have your question answered here without more detail. I suggest you try to call CIC directly or your Member of Parliament (MP) they should be able to direct you. If it has been confirmed that your sponsorship is withdrawn, I cannot imagine you not being able to leave the country - has that been confirmed yet? Also most lawyers will provide a free consultation in a dire situation, so call a few immigration lawyers if needed and they will likely help as well. Will pray for your courage in the days ahead.

 

[McDutch]

It sounds like you sponsored him?

If you guys are separated, why are you letting the application run anyway? It's a program to allow loved ones to be together, not to just bring foreigners into the country.

 

[peggyfran]

I withdrew my sponsorship for him when he moved out. The application is officially withdrawn, and he is now trying to find other means to stay here. In the meantime, I have to return to the States prior to July 22, 1013 in order to keep my alien registration card. I will try an immigration lawyer, didn't think of that.
Thanks!

 

[zardoz]

I can't think of any possible way that he could force you to stay in the country, unless he can have some hold over your children, such as refusing to allow them to come with you, if that was what you were planning. I assume that you are not yet filing for divorce, so presumably you both still have joint custody. A lot would depend on their ages, as "teenagers" covers a very wide span of years..

 

[peggyfran]

the girls are 13 and 15, and I would not leave without them. I am sure he will try to stop me from taking them, but I wasn't sure based on his status here if he could legally stop me.

 

[sakamath]

Appreciate the courage you are showing in moving ahead with your life.

Its difficult to ascertain your status based on your post so, here's my point of view (based on assumptions)

"I withdrew my application to sponsor him." and "want to return to the states to find employment" indicate that you have residential status in both Canada as well as US.

"he is only on a vistors visa" indicates that your (ex) husband is an alien in Canada on a temporary visa.

In such a case, there is no way he (or any one else) could stop you from leaving the country (Canada).

However, if your (ex) husband's PR application was approved and his status is PR, then any claims he makes on Social Security (for the next 3 years) would have to be repaid back to the CRA by you. If his status is still "visitor visa" and you have withdrawn your sponsorship application, then you do not have to worry about this.

On the contrary, your (ex)husband would have to leave Canada after the expiry of the visa and/or his now girlfriend would have to sponsor him and his children.

 

[sakamath]

the girls are 13 and 15, and I would not leave without them. I am sure he will try to stop me from taking them, but I wasn't sure based on his status here if he could legally stop me.

Irrespective of his status, you cannot take your children away from him without his consent (if you both have joint custody of the kids). No one can stop you from going, but he can stop you from taking the children.

 

[peggyfran]

That is what I was afraid of.

 

[zardoz]

Irrespective of his status, you cannot take your children away from him without his consent (if you both have joint custody of the kids). No one can stop you from going, but he can stop you from taking the children.

Yep, that's where I was going with this line of questioning. You MUST see a lawyer and get a formal agreement of consent sorted out, so that he cannot withdraw it at the last minute. A lawyer may be able to apply "pressure" on him that you can't, especially in regard to his current immigration status.

 

[rebecassss]

the girls are 13 and 15, and I would not leave without them. I am sure he will try to stop me from taking them, but I wasn't sure based on his status here if he could legally stop me.

Hi, this is the only issue I could forsee. You're going to need to arrange a proper custody agreement. Because in the eyes of the government your husband is on vacation here, it shouldn't be an issue. He is expected to return home to where your children will be, so you're not really taking them away.

However, it's a bit of a grey area so you should definitely seek legal counsel.

 

[peggyfran]

Thank you everyone for your input. I am thinking that it would be best to get his permission even if I didn't have to. This is the most valuable resource I have ever seen on any topic on the internet.

 

[McDutch]

Why are we all assuming the guy is a bad father that deserves to have his children taken away?

 

[rebecassss]

Why are we all assuming the guy is a bad father that deserves to have his children taken away?

Nobody has made that assumption. It's not that he deserves to have his children taken away, it's simply that they need to live with someone. The law tends to favor the mother and that's probably the direction this case will follow. Aside from that, the father is only a visitor. He is expected to leave the country as he is, in the eyes of the government, on vacation. He can't reasonably say "my wife is taking my children from me because I have chosen to visit another country temporarily". He is expected to return to his place of residence, where the children will be, so they haven't actually been "taken away" at all. They just had their holiday cut short.

It has nothing to do with someone "deserving" to have their children taken away, it's just that the situation has to be resolved.

 

[papirico]

?
You are the sponsor and withdrew the sponsorship.
You can go anywhere you please.