My wife and I moved to Canada about a year ago on my work permit. We have two children and all are US citizens. Things are not working out and divorce seems inevitable. My questions:

• Would we file for divorce in Ontario or the US?
• Will she lose her immigartion status since it was granted via my work permit?
• Will my children be able to keep their immigration status?
• How would any orders be enforced?
• If my children live in the US but maintain their immigration status, would OHIP cover medical expenses outside of Canada?

Thanks.

Your divorce will have to filed in the US in the state you came from and seeing as you are all US citizens. Were your children born in Canada, I am assuming that is why you are asking about OHIP ?
You mentiont 'immigration status', but as there was a work permit involved for you, and your family followed, I don't see where 'immigrant status' is the proper designation.

Please clarify OHIP comment because that is confusing, you say you are all US citizens and I don't see how OHIP covered you in that case, as you would have to be Canadian citizens in order to access OHIP.

Tick

I would suggest that you contact an attorney in Canada, regarding maintaining your rights and citizenship as Canadians. It can be a complicated situation regarding residency and status if you move back to the US.

OHIP has strict regulations in order to be maintained. My son is in S. Korea right now, and we had to visit an office before he left (one year contract), for a special status which allowed him to immediately have his OHIP coverage upon return, instead of having to re-apply when he came back. It also covered him for any medical expenses while out of country provided the expenses would have normally been covered in Canada.

In order to qualify he had to have a permanent address in Canada.

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Originally Posted by Jake2008

I would suggest that you contact an attorney in Canada, regarding maintaining your rights and citizenship as Canadians.
In order to qualify he had to have a permanent address in Canada.

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Jake, the OP clearly states they are US citizens, they can't be both, and he was in Canada with a work permit. I don't know how OHIP comes into play, but if they were US citizens, OHIP wouldn't be in the picture.

Tick

Well, they can have dual citizenship. But, he did not state clearly if he has citizenship or not, I presumed he did if he was asking about OHIP.

OHIP is the Ontario Health Insurance Plan and this ties in with being a citizen. If you aren't one, you don't get the health benefits.

I'm hoping that he may ask his immigration questions on the legal board.

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Originally Posted by Jake2008

Well, they can have dual citizenship. But, he did not state clearly if he has citizenship or not, I presumed he did if he was asking about OHIP.

OHIP is the Ontario Health Insurance Plan and this ties in with being a citizen. If you aren't one, you don't get the health benefits.

I'm hoping that he may ask his immigration questions on the legal board.

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Jake, I live in Ontario, I know what OHIP is, restrictions and oblligations. My son has dual citizenship because he was born in the US of Canadian parents, living and working in the US. We couldn't use our OHIP coverage while living in the US on green cards. So you have a brief outline of restrictions and obligations. US citizens cannot use OHIP.

I'm not going to argue with you Tickle, just stating an opinion is all.

Thanks for the responses. We are US citizens. My family and I are granted OHIP benefits because of my work permit.

If I remain in Canada, and my wife maintains custody of the children in the US (upon completion of the divorce, she would not be eligible to remain in Canada since her status was granted under my work permit) would they still be covered under OHIP?

I assumed the divorce would need to be granted in the US since we were married in the US.

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Originally Posted by Jake2008

I'm not going to argue with you Tickle, just stating an opinion is all.

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I don't argue, Jake, why did you miscontrue that as arguing ? It is senseless to argue on the net, Jake. So, we just found out, they are US citizens, which he said they were initially, I was just pointing that out to you, granted OHIP benefits. That answers one question, now on to the next.

Tick

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Originally Posted by US Dad

If I remain in Canada, and my wife maintains custody of the children in the US (upon completion of the divorce, she would not be eligible to remain in Canada since her status was granted under my work permit) would they still be covered under OHIP?

S.

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US Dad, I don't think it is possible for your wife and children to maintain OHIP benefits once they move back to the States. Even Canadians living and working in the US on green cards, can't access OHIP benefits, but can go back to Canada to do so. You will have to take this question up with OHIP, or immigration.

Tick