Another Question...

[EgySaudwife]

Hello All:
I hope this finds everyone well. My second question is this: I have a child from a previous marriage. My child does have an US passport. However, I am wondering how does a child that lives with you full time from a previous marriage gets listed on the marriage visa when my fiancee applies for us? I am American, and my fiancee is Canadian. My fiancee and I are deciding when to marry, but I am nervous that my son won't be able to come to Canada when I go due to school and all.

Does anybody knows how this would work? I know he couldn't go to school in Canada on a visitor visa, so would he have to stay in America until he is processed to come as a permanent resident?

 

[Leon]

Hello All:
I hope this finds everyone well. My second question is this: I have a child from a previous marriage. My child does have an US passport. However, I am wondering how does a child that lives with you full time from a previous marriage gets listed on the marriage visa when my fiancee applies for us? I am American, and my fiancee is Canadian. My fiancee and I are deciding when to marry, but I am nervous that my son won't be able to come to Canada when I go due to school and all.

Does anybody knows how this would work? I know he couldn't go to school in Canada on a visitor visa, so would he have to stay in America until he is processed to come as a permanent resident?

There is no fiancee visa in Canada so unless you have lived together as a couple for at least 12 months, you would have to get married before he can apply for your PR. He can apply for your child at the same time as long as your child's father either gives his permission or you prove that you have sole custody of your child and no legal barriers stopping you from moving with him to Canada.

As for moving before you and your child get PR, you can't officially so you would be "visiting". You should not drive to the border with all your belongings in a U-haul before getting PR. You should either put them in storage or have your fiance drive up with them in a U-haul after you are already safely in Canada or get some movers to bring them.

You would have to work out temporary health insurance until you get covered by provincial health care and you would have to work things out with the school. Some schools may accept a visitor child who is being sponsored. At worst, the school might ask you to apply for a study permit for minor for your child and to pay tuition.

 

[Buletruck]

Make sure you have documented approval from the child's real father or a sole custody agreement from the courts to bring them to Canada.

 

[EgySaudwife]

thank you for all the replies. my fiancee are still trying to work on a date to get married since we are aware there is no fiancee visa. however, i was asking him what about my son and he didn't know how and what he needed to do to get it work. thanks again for the replies. i will make sure that my son's father writes a letter and for him to have it notarized so the government officials of Canada knows that my son's father is fully aware that I will be taking our son into Canada.

Is there a special form that I would need along with his notarized note?

 

[Leon]

thank you for all the replies. my fiancee are still trying to work on a date to get married since we are aware there is no fiancee visa. however, i was asking him what about my son and he didn't know how and what he needed to do to get it work. thanks again for the replies. i will make sure that my son's father writes a letter and for him to have it notarized so the government officials of Canada knows that my son's father is fully aware that I will be taking our son into Canada.

Is there a special form that I would need along with his notarized note?

Your fiancee should simply include your child in the application to sponsor you. The form you need from your ex in order to apply for your child's PR can be found here: http://www.cic.gc.ca/english/pdf/kits/forms/IMM5604E.pdf

In order to travel with your child to Canada, there are some guidelines here:

If a minor child is travelling with one parent only

The parent should present:

* the child’s passport
* a copy of the child’s birth certificate, and
* a letter of authorization, in English or French if possible, which is signed by the parent who is not travelling with them and lists:

- the address and telephone number of the parent who is not travelling, and
- a photocopy of that parent’s signed passport or national identity card.

If the parents are separated or divorced, and share custody of the child:

* the parent travelling with the child should carry copies of the legal custody documents.
* It is also best to have a letter of authorization from the other parent who has custody to take the child on a trip out of the country.

If the parents are separated or divorced and one of them has sole custody of the child:

* the letter of authorization may be signed by that parent only and they should bring a copy of the custody decree.