a question for you canucks

[kevin@anna 7]

my son is a usc by birth.he left usa for canada and is resideing in bc area.he is married to a cc.he now has duel citizenship and wants to bring his wife and her child from prevous marriage to us.they are legally married in canada.i also am aware she has a police record that we also need to look into.is this a i-130 or cr-1 filing?please help thanks

[Kathryn41 3,205]

She needs to determine whether her police charge makes her ineligible to immigrate to the US first. If that doesn't appear to be a problem, then your son could pursue the DCF option which is processed through the US Consulate in Montreal - which basically provides the CR-1 visa and translates into the green card when she crosses the border. There is a pinned topic on the top of the DCF forum about doing DCF in Canada that you will want to read. One issue that needs to be addressed- your son needs to be able to prove 'domicile' in the US - that is proof that he is moving back either through a job offer, a mortgage or lease agreement, etc. Some of the individuals here who have gone through the process can offer better advice on how to do that. There may be the issue of financial support as well - I am not sure how foreign (Canadian) income is used to prove the affidavit of support he will need to provide for his wife and step child.