Dependent Children Silly Question- Need Help!

[z28eater]

Hi there!
I am in the process of looking over the forms to file for my American spouse to become a permanent resident. I know this may sound like a silly question to ask, but do we have to put his children on the form from a previous marriage? It states dependent children need to be added to the form. My husband does pay child support for 3 kids, enforced by the state of NY, but the ex-wife has claims them on taxes. The children don't see their father often, and the ex-has sole custody. In my opinion, they are not considered dependent, but I wanted to hear from others who may have had similar experiences. Am I on the right track? My husband is not worried about sponsoring them in the future. Any thoughts?

 

[scylla]

If they are 18 years old or younger - yes, they must be included as dependents in your husband's application.

 

[carolbb23]

Hi there!
I am in the process of looking over the forms to file for my American spouse to become a permanent resident. I know this may sound like a silly question to ask, but do we have to put his children on the form from a previous marriage? It states dependent children need to be added to the form. My husband does pay child support for 3 kids, enforced by the state of NY, but the ex-wife has claims them on taxes. The children don't see their father often, and the ex-has sole custody. In my opinion, they are not considered dependent, but I wanted to hear from others who may have had similar experiences. Am I on the right track? My husband is not worried about sponsoring them in the future. Any thoughts?

You have to if he wants to sponsor themy in the future he can plus if he does not put them on there it's misrepresentation which can be a refusal

 

[canuck_in_uk]

Hi there!
I am in the process of looking over the forms to file for my American spouse to become a permanent resident. I know this may sound like a silly question to ask, but do we have to put his children on the form from a previous marriage? It states dependent children need to be added to the form. My husband does pay child support for 3 kids, enforced by the state of NY, but the ex-wife has claims them on taxes. The children don't see their father often, and the ex-has sole custody. In my opinion, they are not considered dependent, but I wanted to hear from others who may have had similar experiences. Am I on the right track? My husband is not worried about sponsoring them in the future. Any thoughts?

The children are still dependents and must be included in the app. This means they must have a medical. As the mother has sole custody, if she refuses to allow the children to have medicals, your husband can request that the children be excluded. He would need proof of her refusal and the custody documents, along with a notarized declaration stating that he understands that the children will be excluded from the Family Class and therefore never be able to be sponsored.

IRCC does not like excluding dependent children, so this generally causes the app to be delayed.

 

[z28eater]

I am wondering if the mother refuses would he still have to pay the fee?

 

[canuck_in_uk]

I am wondering if the mother refuses would he still have to pay the fee?

He wouldn't need to pay fees for the children anyways, as they aren't immigrating.

He really should make absolutely every effort to have the children undergo medicals. Besides the fact that including them will most likely mean the app will be processed faster, he needs to think worst care scenario; if the children are excluded and their mother later dies or becomes unable to care for the kids in any way, he would not be able to bring them to Canada.

 

[carolbb23]

He wouldn't need to pay fees for the children anyways, as they aren't immigrating.

He really should make absolutely every effort to have the children undergo medicals. Besides the fact that including them will most likely mean the app will be processed faster, he needs to think worst care scenario; if the children are excluded and their mother later dies or becomes unable to care for the kids in any way, he would not be able to bring them to Canada.

canuck_in_UK is right

 

[danawhitaker]

He wouldn't need to pay fees for the children anyways, as they aren't immigrating.

He really should make absolutely every effort to have the children undergo medicals. Besides the fact that including them will most likely mean the app will be processed faster, he needs to think worst care scenario; if the children are excluded and their mother later dies or becomes unable to care for the kids in any way, he would not be able to bring them to Canada.

That assumes the father would be the next choice for who the kids would go to in the event something happened to the mother. There are about six other relatives I would have gone to instead of my father, if something had happened to my mom. I get your thinking, but every family situation is different and one in which the mother won't even let kids undergo medical exams doesn't sound like one to me where that person would be their first choice for who the kids would go to if they died.

I'm not saying at all that the kids shouldn't be included in the application, because they absolutely need to be, but someone else from my month had non-accompanying kids who didn't get the medical exams, and their case was not slowed up and it's the decision that they felt was best for their family.

 

[z28eater]

Okay so I am a little confused. I don't mind putting that he has 3 kids on the application, but my husband has no intention of bringing them to Canada. Do we have to pay the fee of $150 each child if they are not coming?

 

[carolbb23]

Okay so I am a little confused. I don't mind putting that he has 3 kids on the application, but my husband has no intention of bringing them to Canada. Do we have to pay the fee of $150 each child if they are not coming?

i maybe wrong but yes you do

 

[canuck_in_uk]

Okay so I am a little confused. I don't mind putting that he has 3 kids on the application, but my husband has no intention of bringing them to Canada. Do we have to pay the fee of $150 each child if they are not coming?

As I said, he doesn't need to pay the fees regardless because the children aren't immigrating at this time.

What you guys need to figure out is if the children are going to be included in the app and undergo medicals; this means your husband will retain the right to sponsor the children in future. If you list the children but they don't undergo medicals, then you need to have them excluded and there is no possibility of sponsorship in future.

 

[Landagirl]

We put my husbands 3 kids on the application as non accompanying as they have to be added and did not pay anything for them. Their medicals were requested and not completed. We sent in a declaration stating that he was fully aware that he could never sponsor his children under the family class. His exes have sole custody and we wrote that he has nothing to do with his sons, 15 and 17, and they would be better off with her family if something were to happen. As for his daughter, 10, we told CIC that she will be spending summers with us as per their agreement. We sent in all of his divorce papers with the original application as Texas doesn't have divorce certificates. In December they requested the medicals and that's when we sent in his notarized declaration. In hindsight I should of sent the declaration in with the original application. It did not slow our application down in anyway as he got PR the same time as all the other Americans in September did.