Married with children, divorcing while in application process need help with ?'s

[GLA55]

My son who is american married a canadian girl in the US six years ago. They resided in the Us and had two children born here (US) . My DIL applied and received her US Green Card. They decided to move to Canada 4 months ago and began the application for a spousal visa for my son. Now they have decided to divorce and my son is wondering if he will be forced to leave Canada, and leave his daughters with their mom? She is only working part time and cannot support all of them. Anyone have any info that I could pass along to him?

 

[CharlieD10]

If the process has not been completed, he can only remain as a visitor for another 2 months or so. He can apply to remain in the country independently, say by getting a work permit, or immigrating as a skilled worker.

Otherwise, he cannot continue as a visitor indefinitely, and some arrangement will have to be made that permits him access and custodial rights before he returns to the US.