First time on this blog, sorry this is long, thanks in advance to all kind souls willing to help. I’m a Canadian expat in China, missing Canada, finally unemployed, I have savings, I’m eligible to sponsor. I’ve known my Chinese girlfriend 2 years, lived together 4 months, and proposed marriage; I can prove genuine and continuing. She replied “I’ll marry you, I prefer we live in China, but I’ll go to Canada as long as we bring my son in 1-2 years, I can live without him that long.” She’s up-front honest (which I love) but changes her mind frequently (which I don’t). Her indecision is partly why her ex-husband, who has had legal, literal and financial custody of their 6 year old son more than 1 year, said he’ll give her custody only I adopt the boy. In China I can’t (legal and personal reasons), in Canada I could. I’d rather marry her and sponsor her to Canada, then let her – as a PR – sponsor her son to Canada. That way just in case her reluctance and indecision splits us up some day, I’ll have a 3-year undertaking, she’ll have the 16-year one.
Are these the rules?
a. her son must be examined (meds) and declared as her dependent, whether accompanying or not; she must tell any I/O “I may sponsor him some day, or not, first let’s see how I adapt to Canada myself.”
b. non-accompanying children in the custody of someone else are not members of the family class, so they can’t be sponsored
c. to sponsor someone, a PR must be inland, and able to prove Canadian residency. She can’t be in Canada while also in China obtaining custody.
d. I could sponsor her son if I adopt him now in China (although I can’t and don’t want to)
e. the more we cohabit conjugally now and after we marry, the better
f. sponsoring her I’m exempt from LICO; if she sponsors her son, she’s exempt from LICO
g. but if I sponsor her son, I’m not exempt, I must prove I can support him to age 22
h. the husband can give her custody by creating a new contract
i. after all that, the Chinese government decides whether they want to let the mother and son leave China
---taken together I fear all this means only she can sponsor her son anyway, and only if, after she’s a PR, either she:
(i) launches an inland ap when the son visits us in Canada (but would he be allowed in?) - - or…
(ii) she becomes a citizen, returns to live in China, tells ex-husband “We’ll take boy to Canada, give me custody so I can apply” and she applies to sponsor (outland)
Thanks everyone!
Are these the rules?
a. her son must be examined (meds) and declared as her dependent, whether accompanying or not; she must tell any I/O “I may sponsor him some day, or not, first let’s see how I adapt to Canada myself.”
b. non-accompanying children in the custody of someone else are not members of the family class, so they can’t be sponsored
c. to sponsor someone, a PR must be inland, and able to prove Canadian residency. She can’t be in Canada while also in China obtaining custody.
d. I could sponsor her son if I adopt him now in China (although I can’t and don’t want to)
e. the more we cohabit conjugally now and after we marry, the better
f. sponsoring her I’m exempt from LICO; if she sponsors her son, she’s exempt from LICO
g. but if I sponsor her son, I’m not exempt, I must prove I can support him to age 22
h. the husband can give her custody by creating a new contract
i. after all that, the Chinese government decides whether they want to let the mother and son leave China
---taken together I fear all this means only she can sponsor her son anyway, and only if, after she’s a PR, either she:
(i) launches an inland ap when the son visits us in Canada (but would he be allowed in?) - - or…
(ii) she becomes a citizen, returns to live in China, tells ex-husband “We’ll take boy to Canada, give me custody so I can apply” and she applies to sponsor (outland)
Thanks everyone!