Complicated Situation

[uscountrymom]

I have a complicated situation and would like help on how to best proceed. I have looked at the CIC website but am confused.
I am an American woman with a son from a previous marriage, and a second son from my current relationship with a Canadian man. We have been together over two years but not married. I already know we would have to get married but what is the best way to file this? The plan is for myself and two boys to move to Canada with my boyfriend.
Is our son automatically duel? How will my older son attend school? From what I gather we should file outland, correct? Does it matter what side we marry on? Any advice would be appreciated. I feel lost. We have been up to now just going back and forth visiting but its exhausting.

 

[etienbjel]

It's not as complicated as you think.

You don't have to marry if you can demonstrate that you have lived together for at least 12 consecutive months. If you decide to marry, it makes no difference what side you're on.

Your son from the previous marriage will be put on the application as your dependent. Don't forget to either submit the letter of no objection from his father (http://www.cic.gc.ca/english/pdf/kits/forms/IMM5604E.pdf), or evidence that you have tried to contact the father but had no success, or a death certificate, etc. - whatever is applicable.

If your boyfriend was born in Canada, then your son is automatically entitled to Canadian citizenship. If not, then he will need to be put on your application as a dependent as well.

I know in Ontario that by law all children are entitled to attend school, regardless of their immigration status. Others here have said it will be free but I haven't found proof of that.

Upon landing (again, Ontario), you will have to wait 3 months until you have access to the healthcare system.

File outland. It's faster.

 

[Canadianinlove]

Both children would be listed under your boyfriend.

It doesn't matter where you get married. I am Canadian and my husband is Trinidadian who was living in New York. We got married in Manhattan. As long as the marriage was performed legally anywhere it doesn't matter.

Your son would be immigrating to Canada as well as the same rules would apply to him - you don't indicate how old he is but is he is a minor they he would be family class sponsorship as well. He can go to school in Canada.

You can call cic and ask them the best course of action if you have questions. I have found most of the people I have dealt with at CIC to be very helpful.

Good luck.

I have a complicated situation and would like help on how to best proceed. I have looked at the CIC website but am confused.
I am an American woman with a son from a previous marriage, and a second son from my current relationship with a Canadian man. We have been together over two years but not married. I already know we would have to get married but what is the best way to file this? The plan is for myself and two boys to move to Canada with my boyfriend.
Is our son automatically duel? How will my older son attend school? From what I gather we should file outland, correct? Does it matter what side we marry on? Any advice would be appreciated. I feel lost. We have been up to now just going back and forth visiting but its exhausting.

 

[uscountrymom]

The reason I said we had to marry is I thought family court here in the states would require it. Am I wrong?
How do I prove we have lived together for 12 months? We have each kept our homes(mine in us and his in Ontario) and maintained both house holds individually but we have been together physically with very few exceptions. ( minor max three day trips for job reasons) Can we still do this?
And thank you!

 

[scylla]

The reason I said we had to marry is I thought family court here in the states would require it. Am I wrong?
How do I prove we have lived together for 12 months? We have each kept our homes(mine in us and his in Ontario) and maintained both house holds individually but we have been together physically with very few exceptions. ( minor max three day trips for job reasons) Can we still do this?
And thank you!

Your first post stated that you have been back and forth visiting. That's different than living together. Have you been visiting or have you actually been living together? In any given month, how many nights have you typically spent together (i.e. both spent the night at the same address)?

 

[uscountrymom]

We've been together, but paying our own bills.