HELP need advise PLEASE. - New born baby, parents will get married soon.

[Esther2010]

Hi. I lived and worked in Canada for 14 months, met my soulmate there and came back home (Philippines) last July 2009. I gave birth to our baby last Dec. 2, 2009. My annulment is on process now, hopefully to be done after 6 months. My partner will be coming over here after the annulment and will get married. My question - will it be fine if I applied for my baby's certificate of citizenship even if we're not married yet? or do we have to wait? My canadian partner will sponsor me as spouse after the marriage. Please need your advice guys....this will be a long process both for me and my partner, this is just the beginning. Thanks.

 

[Leon]

As you describe it, you are currently married to someone other than the baby's father but are waiting for annulment of that marriage? Who is listed as the baby's father on the birth certificate? In many countries, if a woman is married, her husband is automatically assumed to be the baby's father unless all parties go to court and contest that. If that is not the case here, that is your partner is listed as the baby's father, I don't see a problem with applying for the baby's citizenship certificate right away.

 

[Esther2010]

I am glad it's you who replied Leon, thank you . I've been in this site for almost 2 months and your advices are credible. I've been separated from soon to be ex-husband for 5 years now (he is an OFW as well). I decided to file for my annulment because both me and my canadian partner would want to be together and start a new family. His name will definitely be listed as the father on the birth certificate. I will have more concerns and question Leon as everything progress, i just want to take it one step at a time. Thank you so much.

 

[Esther2010]

Hi Leon

Happy Holidays!!! yes it's me again here... and i need your reliable advice here. The decision of my annulment is hopefully be on Feb. 2011, my canadian boyfriend just visited me here in the Philippines last week to celebrate our daughter's 1st Birthday... i am holding a very secured job right now as a Resident Manager in one of a busy and known hotel here in Manila. I still have no response from Nova Scotia with regards to my pending application for Federal Skilled Worker... and just 3 days ago i called the CIO to update why i still dont have the 1st AOR, i was told to wait 33 weeks upon there receipt of my application.

Now, this is our plan while i am still waiting for my annulments decision by Feb. 2011, i will try to apply for a tourist visa by Jan. 2011 my fiancee to make an invitation letter for his 50th birthday on May 2011, his kids and his parents will write a letter too to support the said event which we might go for a cruise to Alaska... My fiancee will book ahead and include the confirmation of booking on his invitation letter. I will do have to return here in the Philippines as i am binded with a contract and it will only be a month vacation... and of course the whole family in Canada is soo anxious to see our daughter, specially the grandparents who are both sick.

I am binded to return home bec. i have a secured and holding a prominent position and my 2 kids from my 1st marriage is here and i am supporting them.


One more is, if ever we get an approved tourists visa, am i allowed to cross the U.S. boarder? for the Alaska cruise?
Thank you soo much \Leon and hope to hear from you....God Bless

 

[Leon]

One more is, if ever we get an approved tourists visa, am i allowed to cross the U.S. boarder? for the Alaska cruise?

Ask the Canadian embassy when you apply for your TRV if you can go to the US and return without having a multiple entry visa. I think you can but I am not certain. If they say no, then it's simple, you would apply for a multiple entry visa.

I believe you will also need a US visit visa so you should ask about that at the US embassy.

 

[Esther2010]

Thanks Leon.... i will phone the US Embassy here. I need your suggestion, would you think it's better to wait for my annulment's decision on Feb. 2011 before we forward the Tourists visa application? they might reject it bec. i am still not annuled by Jan. 2011. Thanks.

 

[Leon]

Why would they care for the tourist visa if you are annuled or married?

 

[Esther2010]

Why would they care for the tourist visa if you are annuled or married?

Manila Visa Office do care... that's why i waited for almost a year now for my annulment, bec. while still married with my ex it would be impossible for me and my canadian fiancee and our baby and my kids to start a new family and move on... and also the reason why i have a FSW application too... i am trying all the option as i am qualified enough... it's just that i am from the Philippines that's why the burden of applying is soo hard.

 

[Leon]

The major hurdle to getting a visit visa in my opinion is proving that you have strong ties and will return home again. Spouses/fiances are often denied as a risk of overstaying. I hope you get it though.

 

[Esther2010]

The major hurdle to getting a visit visa in my opinion is proving that you have strong ties and will return home again. Spouses/fiances are often denied as a risk of overstaying. I hope you get it though.

Hi Leon... Happy New Year!

I just need some clarification. The letter of invitation that will support for Tourist Visa application, that my fiancee will make should be addressed to whom? me or CIC? his invitation is for his 50th Birthday on May and we would want to celebrate it together with our child by going on cruise... Please response as we're planning to submit my application by 3rd week of January.

Thank you a lot...

 

[Leon]

I don't think it is important to whom the letter is addressed as long as it contains all the information that needs to be in there, see http://www.cic.gc.ca/english/visit/letter.asp

 

[Esther2010]

I don't think it is important to whom the letter is addressed as long as it contains all the information that needs to be in there, see http://www.cic.gc.ca/english/visit/letter.asp

Hi again Leon. Thank you for quick response to all my inquiries, you're so helpful. Anyways i have more question to ask and are as follows:
1. On the Tourist Visa Application i will declare that i am "Legally Separated", and i will provide a notarize affidavit of "SEPARATION DE FACTO". Will this suffice enough? as i will also state the my hearing is on final stage too.

2. Will you consider that it would be better for us to buy the 2 way airfare? though no assurance we will be approved though, or just wait for the approval?

3. I wont be declaring my fiancee as my common law partner because of my pending annulment, what will be suitable to state in my application w/ my relationship to him? "Father of my child"?

I hope to get response again from you Leon and it's truly a big help to me..... Thanks a whole lot.




Esther

 

[Leon]

2 way airfare is better when you are applying for a visit visa so they believe you do not intend to overstay.

If you qualify as common law, 12 mo. of living together, you should say that you are common law. Otherwise immigration will look back on that when you do sponsorship later.

 

[Esther2010]

2 way airfare is better when you are applying for a visit visa so they believe you do not intend to overstay.

If you qualify as common law, 12 mo. of living together, you should say that you are common law. Otherwise immigration will look back on that when you do sponsorship later.

Hi Leon. It's me once again... we're just collating letter's from families (daughter, sonn, sister's and parents) in Canada that will support the letter of invitation from my partner. And he will have his letter of invitation notarize before he sends it here in the Philippines. Now, the issue here is do i have to show that i have big funds here in the Philippines? which i dont have, though i earned really big as Hotel Resident Manager, but i am supporting 3 kids here, so no savings so far. Though my partner and I have a joint account in Canada, he will just supply that with how much? how much do you think is the ideal amount that the immigration wants to see?
Anyway, my partner will forward documents that support his income and his successful business. He does own a new house too. So he is finanacially iquipped to provide for me and our baby for our vacation trip there. Will appreciate your help again here Leon... Thanks so much

 

[Leon]

The LICO table at http://www.cic.gc.ca/english/information/applications/guides/5196E10.asp (table 3) indicates that a family of 3 needs 34,000 a year to survive. That is about 28,000 a year after taxes. That is around 2330 a month so if you are staying for a month, you and your boyfriend can show that you have more than that or that he makes more than that per month and therefore should be able to provide for you.