Can I sponsor the child of my husband?

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Latest post Wed, Feb 22 2017 7:26 AM by ca19lawyer2. 4 replies.
  • Tue, Feb 21 2017 10:04 PM

    • pamwl
      Consumer
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    • Joined on Wed, Feb 22 2017
    • Posts 1

    Can I sponsor the child of my husband?

    Hi,

    I am from Ontario, Canada. I hope I can get my doubts cleared here.

    This is my situation. I have attained PR and I want to bring my family (husband and son) here. We are from California. The child is not my biological son. My husband has full custody rights of the child since the mother was deemed unfit. I would like to know if there would be any problem for bringing the child along? 

    I searched online through various law portals. I read that one can sponsor the child even if this is the dependent child. ( http://www.maxberger.ca/immigration-services/permanent-residence/family-sponsorship/ ) He is 10 years now and he likes to be with his father and me.

    Is it possible to sponsor the child? My husband has the full custody rights. Would that suffice?

    Thank you.

  • Tue, Feb 21 2017 10:18 PM In reply to

    • sean221
      Consumer
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    • Joined on Fri, Jan 27 2017
    • Posts 2

    Re: Can I sponsor the child of my husband?

    Is he your husband’s biological father? Well, I think since you have custody rights, there shouldn’t be a problem. I have read that you can sponsor your dependent child, including an adopted child. They will have to undergo medical, criminal and background check.

  • Tue, Feb 21 2017 10:22 PM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on Sat, Dec 9 2000
    • NV
    • Posts 5,432

    Re: Can I sponsor the child of my husband?

    He may need permission from the court in California to move the child out of the state.

  • Wed, Feb 22 2017 7:24 AM In reply to

    Re: Can I sponsor the child of my husband?

    pamwl:
    I have attained PR

    Here's a list of approximately 175 things that "PR" might mean.  Care to tell us which one you intended?

     

    pamwl:
    I would like to know if there would be any problem for bringing the child along?

    Probably, but one obviously would need to read the relevant divorce judgment or custody/visitation orders.  Just because your husband has full custody (or sole legal and/or physical custody) doesn't mean the mother doesn't have visitation rights or that your husband is free to locate wherever he wants.

     

    pamwl:
    Is it possible to sponsor the child?

    This is a question for a Canadian immigration attorney.  These boards are for issues of U.S. law.

  • Wed, Feb 22 2017 7:26 AM In reply to

    Re: Can I sponsor the child of my husband?

    sean221:
    Is he your husband’s biological father?

    Huh?  The OP is asking about her husband's SON, not father.

     

    sean221:
    Well, I think since you have custody rights, there shouldn’t be a problem.

    The OP doesn't have any rights regarding her husband's son who isn't also her son.

     

    Did you actually read the original post?

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