Where to go for the immigrating to Canada

[Jeremy + Kristy 0]

My fiancee and I are getting more and more worried that her ex-boyfriend won't sign a "consent to immigrate" form or vary the custody and access court order. If we are denied a K2 visa, then I'm going to have to move to Canada, but still work in the US. Is that possible?

If we don't get that form before our interview, will the visa be outright denied, or could it possibly be approved pending receipt of it? The consulate in Montreal has not ever mentioned that such a form is necessary, but many of you on here has said it is.

I'm more stressed today after going to speak with duty counsel with Kristy than before. Do we look for an immigration attorney now, or a family law one? In the States or in Canada?

[payxibka 10,045]

For strters

http://www.cic.gc.ca/english/index.asp

[G&A 1]

J+K good luck with getting that form signed.

In case the exbf doesnt sign the form (hoping he does), getting a candian visa takes around 3-4 months, but i am pretty sure you have to be married first.

Good luck, and keep your hopes up I am sure everything will work out for you.

A

[Jeremy + Kristy 0]

J+K good luck with getting that form signed.

In case the exbf doesnt sign the form (hoping he does), getting a candian visa takes around 3-4 months, but i am pretty sure you have to be married first.

Good luck, and keep your hopes up I am sure everything will work out for you.

A

I'm thinking that we may be able to apply as conjugal partners with immigration being a barrier to marriage/co-habitating.

[Krikit 1,164]

My fiancee and I are getting more and more worried that her ex-boyfriend won't sign a "consent to immigrate" form or vary the custody and access court order. If we are denied a K2 visa, then I'm going to have to move to Canada, but still work in the US. Is that possible?

If we don't get that form before our interview, will the visa be outright denied, or could it possibly be approved pending receipt of it? The consulate in Montreal has not ever mentioned that such a form is necessary, but many of you on here has said it is.

I'm more stressed today after going to speak with duty counsel with Kristy than before. Do we look for an immigration attorney now, or a family law one? In the States or in Canada?

Sure hope he signs the form. It's not as if she'll be far away. And the long term benefits for his child are not to be sneezed at.

If you do have to move you will be able to live in Canada and work in the US. A lot of couples do it on both sides of the border. That's one of the reasons for the Nexus implementation. Good luck, J&K.

[G&A 1]

J+K good luck with getting that form signed.

In case the exbf doesnt sign the form (hoping he does), getting a candian visa takes around 3-4 months, but i am pretty sure you have to be married first.

Good luck, and keep your hopes up I am sure everything will work out for you.

A

I'm thinking that we may be able to apply as conjugal partners with immigration being a barrier to marriage/co-habitating.

Oh ya! Forgot about that! Sorry about that wrong info 3 of my friends just brought over their husbands from the middle east this year and it took 3-4 months. So you will be ok. Hopefully you wont need to come here.

[Jeremy + Kristy 0]

I'm a bit more destressed right now. We'll just have to take things one step at a time. First, we'll try to get the form signed by him and a lawyer. Second, we'll try to change the court order, but if we get the consent to immigrate, maybe that will wait until after we AOS so she could travel to court if need be.

I know a K1 is single entry, but what about a K2? Would I be able to bring her into Canada so she could visit with her father if he actually wanted to spend some time with her?

The main thing I'm worried about is that the ex will pull a Hague Convention international abduction case against K.

[G&A 1]

I'm a bit more destressed right now. We'll just have to take things one step at a time. First, we'll try to get the form signed by him and a lawyer. Second, we'll try to change the court order, but if we get the consent to immigrate, maybe that will wait until after we AOS so she could travel to court if need be.

I know a K1 is single entry, but what about a K2? Would I be able to bring her into Canada so she could visit with her father if he actually wanted to spend some time with her?

The main thing I'm worried about is that the ex will pull a Hague Convention international abduction case against K.

I agree...it is a bit scary. But i think you are doing the right thing by looking at all of your options. After all you cant force him to sign it. Just try and stay positive and hopefully this guy will sign it.

[vnoe 0]

Jeremy

K2 is the same as K1 for visiting, you would have to have AP. I just know from checking for my little K2'rs

I can't really help much with what you are going thru, but I just want you to know my thoughts and prayers are with you all during this difficult time.

V

[Jeremy + Kristy 0]

Did some digging and found this on the State Department's site, under the Reciprocity Schedule for Canada:

To prevent international child custody disputes, in cases where a divorced parent wishes to have his minor child immigrate to the United States, U.S. diplomatic offices in Canada will request original or court-certified copies of court orders regarding child custody arrangements. Such documents should specify that the parent has “sole custody†of the child. If a divorced parent does not have court-granted sole custody, U.S. diplomatic offices in Canada will request written, notarized consent to the child’s immigration from the other parent.

Her court orders state that she has custody, but that he has access on alternate weekends. However, this paragraph also states "divorced parent." Kristy was never married, so does this have any bearing?

Edited October 2, 2007 by Jeremy + Kristy

[vnoe 0]

OK, I really don't know much on this.............but was she common law with the "donor"?

[thermophile 0]

sorry don't know anything about the kid issues. But conjugal sponsorship is generally more difficult to get-usually only works when there are laws preventing you from marrying (ie. same sex couples) not just difficulties in getting married. I'd guess that Kristy not being able to immigrate because of the ex wouldn't be considered an barrier to marriage, just to co-habitation.

If you do need to immigrate why not just get married really quick? You've already had the party, might as well make it legal.

[vnoe 0]

didn't finish my train of thought...geesh

anyways if she was common law that is sometimes same as being married in the eyes of the law. I was never married to my girls "donor", but I still had paperwork showing that I have full custody (not that he cares anyways) and I did have to send it in and show it for my K1 interview.

like I said...I'm just giving my 2 cents 'cause I only know from my experience.

[Jeremy + Kristy 0]

OK, I really don't know much on this.............but was she common law with the "donor"?

Nope.

sorry don't know anything about the kid issues. But conjugal sponsorship is generally more difficult to get-usually only works when there are laws preventing you from marrying (ie. same sex couples) not just difficulties in getting married. I'd guess that Kristy not being able to immigrate because of the ex wouldn't be considered an barrier to marriage, just to co-habitation.

If you do need to immigrate why not just get married really quick? You've already had the party, might as well make it legal.

Yeah, I did more digging into that, and you are right that we wouldn't be able to file as conjugal. Wouldn't want to get married until after we've exhausted most of our possibilities of still going forward with the K1+2. That's still our first choice because of the job and house market.

[zyggy 9]

J+K good luck with getting that form signed.

In case the exbf doesnt sign the form (hoping he does), getting a candian visa takes around 3-4 months, but i am pretty sure you have to be married first.

Good luck, and keep your hopes up I am sure everything will work out for you.

A

I'm thinking that we may be able to apply as conjugal partners with immigration being a barrier to marriage/co-habitating.

Conjugal Partner for a hetero US/Canadian couple is a no-go. You will get denied in no time flat. I know of someone who tried this against my advice and wasted 9 months to find out that they were denied. Your time and money would be better spent to just get married and apply for family class via marriage like most people do.

You're going to have to get married first.. definitely apply for out of Canada processing. In-Canada takes forever and leaves you in legal limbo for quite some time. A friend of mine that I am helping is a nurse and moved to Canada. We had to do In-canada for her since she wanted to live in Canada during processing as soon as she was married (tried my hardest to dissuade her of it) and needed to keep crossing the border to go to her job in the States.

However, there are some HUGE tax headaches with people working in the US and living in Canada. It's going to cost you some big dough, especially with the Loonie being worh more than the USD...

Edited October 2, 2007 by zyggy