Moving with a child/ and Advanced parole

[c-marie 0]

First of all I should make it clear I am not immigrating to the US.

My significant other’s ex-wife is moving to the US with the child from their marriage. We have been doing as much research as we can so we understand the process as well; and let me say hats off to all of you because this does certainly seem to be a VERY complicated process.

I have a few questions…

Unfortunately his ex is refusing to communicate her plans (even after he has given her permission to move) so we are playing a guessing game. It is very messy and he has had to result to involve the courts…. Nonetheless

Right now we think she is planning on moving then applying for a K-1 visa. His concern is that his son will not be able to go to school until their visas are in place. My question is what did the schools require to register your child? I understand that their will be differences from state to state, but I would just like to get an idea of what people have experienced.

Also we are concerned about his child traveling back to Canada to facilitate visitation while he is establishing residency. From the information we have looked at on Advanced Parole it can take up to 150 to obtain. I am curious what kind of wait time people have experienced.

I really appreciate any help

[Kathryn41 3,205]

Just a small clarification for one part of your question. She cannot move to the US and then apply for a K-1. All of the visa application processes have to be completed in Canada before she leaves. She needs to have her visa in place to cross the border and live in the US. If she crosses the border without a visa and with the intent to get married and not return to Canada that is considered visa fraud and can carry harsh repercussions.

If she legally crosses the border with her proper visa (either a K-1 or if she gets married a CR-1 or K-3), the child will also have his visa and that will be sufficient proof of his right to live in the US and attend school. If she moves on a K-1 visa, then yes, the child will require an AP to visit Canada and be allowed to return to the US. A child's AP cannot be applied for until after the adult is married and submits an application to Adjust Status (AOS) which is basically requesting permission to live permanently in the US. An application for AP is filed at the same time and takes about 90 days to process.

Hope this helps.

Edited March 9, 2009 by Kathryn41

[MapleLeafBaby 1]

If she is not cooperating, what makes your spouse still be so accomedating? Just out of curiousity, are the courts still supporting her position? Just wondering as I too am moving with my child, and have provided info to my ex, as well as a set arrangement post move. I am also willing to bring my son to a boarder town during pending AP for my ex to visit with our child and will pay for accomedations.

If she is being difficult now, I would worry about the future. How old is the child? Is she even engaged?

sorry, too many questions, just interested

[c-marie 0]

If she is not cooperating, what makes your spouse still be so accomedating? Just out of curiousity, are the courts still supporting her position? Just wondering as I too am moving with my child, and have provided info to my ex, as well as a set arrangement post move. I am also willing to bring my son to a boarder town during pending AP for my ex to visit with our child and will pay for accomedations.

If she is being difficult now, I would worry about the future. How old is the child? Is she even engaged?

sorry, too many questions, just interested

Thanks for the advise

The more that we find out, the more we think that there is something "fishy" going on with what she is telling us. All we know is that she intends to move soon and she claims that their child (that is 7) will not be able to go to school for up to six months. Other than that she won't say anything. My boyfriend gets told "don't worry about it." Actually their divorce isn't even finalized, and yes she is engaged.

We are starting to think she's not planning on going about this the legal way.

maybe it's time for my boyfriend to stop being so accommodating.

[Carlawarla 1]

I agree, it does sound fishy. I don't know what type of document your boyfriend gave her, but he may want to involve the courts further if he doesn't find out any information from her. He could suggest to her that unless she comes clean with her plan, then he'll have to rescind that agreement to take his daughter across the border.

Can you really imagine any country allowing a child to immigrate, and say they could attend school for six months?

Let us know how this pans out! Best of luck.

[thetreble 19]

I would make sure she's not trying to kidnap him. I know that sounds really awful but your boyfriend really needs to know whats going on here. I wish you guys the best of luck.

[MapleLeafBaby 1]

Her info sounds inconsistant, she does not know all her facts.

There are accomodations even for children with pending AP's etc... to still become enrolled in certain States.

Also, she will experience difficulty in obtaining a K1 fiance visa if she is still married... this is illegal?!? one of the questions on the app's asks that if you are still married, how do you propose your availability for marriage? and then the app goes on to state that you would not qualify for a fiance visa.

She may not intend to be entering the US 'legally' for her intended period of stay.... if he has granted authority for her to move, he could revoke it at anytime if he feels there is a flight risk. Even if she has full custody, he can argue that her potential move will limit his 'access' to the child.

Good luck, it's never easy with children. I love my son so much, I would drive back and forth every two weeks on weekends just to ensure he sees his dad... he loves him to death! and in the end, if he grows up, and I kept them apart, he would only resent me

Good luck

[MapleLeafBaby 1]

Her info sounds inconsistant, she does not know all her facts.

There are accomodations even for children with pending AP's etc... to still become enrolled in certain States.

Also, she will experience difficulty in obtaining a K1 fiance visa if she is still married... this is illegal?!? one of the questions on the app's asks that if you are still married, how do you propose your availability for marriage? and then the app goes on to state that you would not qualify for a fiance visa.

She may not intend to be entering the US 'legally' for her intended period of stay.... if he has granted authority for her to move, he could revoke it at anytime if he feels there is a flight risk. Even if she has full custody, he can argue that her potential move will limit his 'access' to the child.

Good luck, it's never easy with children. I love my son so much, I would drive back and forth every two weeks on weekends just to ensure he sees his dad... he loves him to death! and in the end, if he grows up, and I kept them apart, he would only resent me

Good luck

[Sprailenes 47]

In regards to school: it doesn't matter if you have a visa or not the schools can not technically deny a child the right to learn. Many illegals can attend school down here. Sad but true.

The biggest thing a school is concerned with is proof of address and whether or not all of a child's shots are up to date.

Edited March 10, 2009 by Sprailenes

[c-marie 0]

Thanks for the help everyone

[Sprailenes 47]

Also, she can't even get the visa approved if she doesn't have written permission from the the childs father, if his name is listed on the birth certificate she will need written permission.

Good luck.