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Iamrobot85

Hero Member
Aug 31, 2010
229
5
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
20-11-2010
File Transfer...
03-02-2010
Passport Req..
21-03-2011
LANDED..........
25-04-2011
I would really appreciate some input from your guys.

The siituation: My sister is 11 years my junior, and is 15 years old. six years ago our mom passed away. At that time I was already living on my own so it was not a problem for me, but my sister had to live with our grandparents. No one had any doubts about their ability to take care of themselves and Cheyenne (my sister) for years to come, they were not very old and seemed to have lots of life left in them both. At the time I was barely getting by just myself or I would have taken custody

Well, in quick succession my grandmother passed away and my grandfather was diagnosed with a tumor in his brain that makes him very disoriented. He is unable to take care of my sister by himself. He is going into a nursing home while he undergoes chemo and other kinds of therapy. We're hoping that after that he will be fine and back to full capacity.

But, we also need to plan for worst case scenario. Right now, while our granddad is going through therapy, my sister is staying with an aunt and that's fine temporarily but will never work permanently.

So my question is, what are my options for bringing my sister to Canada to live with me? If my granddad passes away I will be her only family and I love her and don't want to see her go to foster care. When I filled out my application, I did not forsee any of this happening (honestly, three weeks ago I didn't foresee this), so I did not include a medical for my sister. But if need be, I could get full custody, would that change anything? Is there any sort of expedited or temporary PR so my sister could just go to school here and let me take care of her?

The other problem is I am in a same-sex marriage so I can't move back to America because my husband would be unable to immigrate there.

It's a huge mess, and I would appreciate any help. I'm sorry for the especially verbose question.
 
Who can be sponsored
You can sponsor:

•parents
•grandparents
•brothers or sisters, nephews or nieces, granddaughters or grandsons who are orphaned, under 18 years of age and not married or in a common-law relationship
•another relative of any age or relationship but only under specific conditions (see Note below)
•accompanying relatives of the above (for example, spouse, partner and dependent children).

Go get some legal advice on this.
 
Thanks, I appreciate the input. Do you think a lawyer would offer me a consultation for free before we hired them, I would like to know exactly what we are getting in to and a timeline before I committed.

Are you an immigration lawyer, rj? Maybe you can take my case lol.
 
Iamrobot85 said:
Thanks, I appreciate the input. Do you think a lawyer would offer me a consultation for free before we hired them, I would like to know exactly what we are getting in to and a timeline before I committed.

Are you an immigration lawyer, rj? Maybe you can take my case lol.

LOL. I'm not a lawyer. I'm the other thing that has the bad reputation! Sigh. But I've never done this kind of case before. Pretty sure I could because the legislation is clear but these types don't come up too often. Where are you? I could refer you to someone. Don't know about the free consult though. Can't make any promises.
 
Medicals are only needed before PR for partners and their children. If you listed her on the form that has you list your parents and siblings, you would be able to start the process and I think you'd have a very good chance of having it approved. You're going to need every little bit of proof that you can get that you can sponsor her: proof your/her parents are gone (you didn't mention your father...if he's out there somewhere and you just don't contact him, it can cause a big problem), proof you have physical and legal custody of her, etc. If your parents aren't an issue and your grandfather has legal custody of her that can be proven, you can get him to sign a form allowing her to live in Canada.
 
Marry to cousin is legal or not and any problem with my PR visa

Dear sir,

I would like to apply Canada PR and I would like to claim 5 points for my wife education and she is my cousin. I married her before 2 years ago. so is there any problem regarding my PR visa. because i married to cousin and our marriage is just 2 years old. is there any chances for personal interview with canadian visa officer.


Please guide me.
 
There's a good chance you'll be called for an interview. But it is OK to be married to your cousin in Canada, so no problems there.
 
rjessome, I am in Calgary at the moment. I am not sure yet if I will need a referral. I am hoping my grandfather gets better and makes enough of a recovery that taking care of my sister won't be a problem anymore. I just wanted to know, if worse came to worse, I would be able to do that. It seems like I would, which is a relief. What sort of timeline, I wonder, and I wonder if I DO do it, would she be able to come and live and stay with us while the application is processing and go to school?

awor: I was not aware that I only needed to submit medicals for partners and their children. That is a relief. My sister was definitely listed on the application as my sister. Now as for her father, we don't know exactly where he is, we heard he is dead as well but he skipped out when my sister was a baby. After my mom passed away, my grandparents LEGALLY adopted my sister and even her birth certificate was changed to say they were her parents, so I don't think that will be a problem. The other thing is that my sister is my half-sister and we have different fathers.

robertson.smith: I am not sure if that question was directed at me but I do not know the answer anyhow. Sorry.

Thanks all for your answers! I greatly appreciate it!
 
I don't know if you'd need a lawyer for this. What I'm thinking you'll need, aside from the full application, is this:

This form, filled out by your grandfather and notarized, giving you permission to take your sister: http://www.canadainternational.gc.ca/iran/assets/pdfs/visas/30_1_eng.pdf
Your sister's passport and the adoption papers and birth certificate (all copies of course).
A written explanation of the history, basically what you posted here.

Some sort of notarized statement from your grandfather allowing you to enroll her in school, seek medical care, etc - like a power of attorney. I don't believe (please someone correct me if I'm wrong) that you need custody - just permission from the person who does have custody.
 
Im sorry about your grandparents, hopefully your sister is handling it all okay?

I think that as per rj's response his sister must be orphaned prior before the OP can sponsor her... But it might be a good idea to have the grandfather stipulate you as a legal guardian in the event of his passing, if he still has the facilities to do so... Might make the case stronger if it does come to it...

That said, have you discussed anything with her? At 15 she may have a very strong opinion as to where she wants to be and that might be continuing in the life she knows the best she can... is there an aunt or family members or close family friends in the area who might take her in for a couple years until she becomes an adult? Maybe have a few options and see which one would help her adjust best... While much of what is important to her at 15 is somewhat inconsequential in life, but to her it's might be a lot... And do you really want a moody 15 year old who has seen her closest family members pass away and had everything else she knows pulled from underneath her on your hands? Could prove to be a huge undertaking... Hopefully that's not the case, and I'm sure you've probably thought this out, just wanted to make sure you'd considered what she might want in all this and fully investigated the options you might have rather than taking it on yourself since you are the next closest one....

Done sticking my nose in your business :)
 
Since the grandparents have legally adopted his sister, the biological father has no legal rights to the child and the relationship (in legal terms) is now void. If the grandfather passed away, she would be an orphan by legal definition.
 
Marry to cousin is legal or not and any problem with my PR visa

I married to my cousin two years ago in India. I have marriage certificate and that is the only proof so i can prove my marriage to my cousin. I do not have any other proof. so if there will be an interview call then how can I prove my marriage is genuine or what visa officer will ask question to me and my wife?

please help me and is there any chances to refuse my visa on the basis of marriage.

PLEASE HELP ME.........................DEAR FRIEND
 
If ALL you have to prove the genuineness of your marriage is the marriage certificate, you have a problem.
 
marriage certificate is the only proof so problem or not????????

I married to my cousin two years ago in India. I have marriage certificate and that is the only proof so i can prove my marriage to my cousin. I do not have any other proof. so if there will be an interview call then how can I prove my marriage is genuine or what visa officer will ask question to me and my wife?

please help me and is there any chances to refuse my visa on the basis of marriage.

PLEASE HELP ME.........................DEAR FRIEND....WHAT TO DO?
 
marriage certificate is the only proof so problem or not????????

I married to my cousin two years ago in India. I have marriage certificate and that is the only proof so i can prove my marriage to my cousin. I do not have any other proof. so if there will be an interview call then how can I prove my marriage is genuine or what visa officer will ask question to me and my wife?

please help me and is there any chances to refuse my visa on the basis of marriage.

PLEASE HELP ME.........................DEAR FRIEND....WHAT TO DO?