Need some Help. Wife trying to sponsor husband.

[woolford]

Hello ,

My husband is a US citizen and I am a Canadian citizen living in the US, We are trying to travel to Canada, but my husband owes back child support. We have travelled before to Canada without a passport. Using his birth certificate and picture Id . They denied him a passport fearing he was not returning to the country. Could they put restrictions on him at the border that he can't travel due to child support owing? Please help I don't want to travel with him if he will be truned back?

 

[chelley]

not sure where the sponsorship comes in? are you planning on returning to canada to live?

regardless, i believe that anyone leaving the US by any legal means now requires a passport to travel, so if he is unable to get one (esp for this reason), he will likely not be allowed to leave the country...

the sponsorship process will make exceptions for those not able to obtain a passport due to civil unrest or other situations beyond their control... not paying child support is not one of those situations...

 

[AllisonVSC]

Here are guidelines for transporters (airlines, buses etc) regarding documentation required to enter Canada. Though it does not directly address the child support issue, see sections 2.3 and 2.4.

http://cbsa-asfc.gc.ca/publications/pub/bsf5023-eng.html#s2x4

 

[iarblue]

Well it all depends on if there is enforcement in place for the support and as of june 2009 all are to carry a passport crossing the borders of US and Canada if they ask you for it is different but you are suppose to carry it if they do ask and you dont have it you will likely be rejected.And if he owes back support and the courts are involved it is recorded and the border will know of this.

 

[iarblue]

Also it states in the forms if you are trying to sponsor that there can be no back support owing ,or you can not be out of court order.So if he owes money for support and is behind he needs to pay it up to date before you apply.And pay it up to court order....the best way to do this is go back to court set out a payment plan for your ongoing support plus what he can afford to pay on the back support so if he has new court order and sticks to it he weill be fine.

 

[fallenstar831]

No Passport. No Visa.

He should really pay his child support.

 

[iarblue]

Exactly but for him to get a passport he just needs to be in good standing with the court order or go get a new court order,and he can also when he is in court explain to the judge that he needs his passport to be with his wife and that he will supply all new address for the court,its going to be hard but he needs to pay it one way or the other

 

[AllisonVSC]

Exactly but for him to get a passport he just needs to be in good standing with the court order or go get a new court order,and he can also when he is in court explain to the judge that he needs his passport to be with his wife and that he will supply all new address for the court,its going to be hard but he needs to pay it one way or the other

Not necessarily, iarblue. The reason he was denied a passport is because the court lacks jurisdiction to enforce the court order for if he is out of the country. He can try to reach a new agreement with the court, but with a history of non-payment under the first order that is unlikely even if he comes up-to-date with the support payments. If he explains to the judge that he "needs to be with his wife" what do think the judge would reply? I'm betting it's "No, you need to stay here and support your children."

It is still unclear to me if the OP is asking just about travel or is intending to immigrate. Either way, he still needs a passport.