Wife and Child entering US

[FlyCal 0]

Interesting scenario....

My wife (USC) petitioned for myself and my daughter and we have now received our NOA2 and NVC has received our file. We all currently live in Canada.

I will be heading to LA on business in a few weeks for about 7 days, and my wife will be coming down with my daughter (who also has file at NVC) while I am still there. She's going to be visiting friends and family as well as signing a lease for the beginning of Aug for herself and eventually my daughter and I and then heading back with her.

My question is.... Will the officers at the border be ok with my daughter travelling on a visitors visa with my wife? Remember, it will show that I am also down as well.

I am wondering how hard they are in USC parents with 2 year old kids crossing over.

[Inky 1,111]

Moved from spousal visa forums to traveling during immigration forums as the OP is asking about traveling during the process.

[hikergirl 277]

You will need to do a letter authorizing your wife to bring your daughter over the border without you. You only call her “my” daughter, is your wife the other parent? If not, you would need a letter from your daughter’s mother allowing travel or a document that shows you have sole custody and can make that decision.

Both of you should bring proof of ties to Canada with you. Copies of current lease, pay stubs, letter from employer, anything that shows you are still committed to living in Canada and aren’t bypassing the immigration process. (Your wife because she will be bringing your daughter down with her).

[FlyCal 0]

Just to clarify, my daughter is actually our daughter.

The issue is that my wife cannot show strong ties to Canada as she is leasing a condo for school purposes and will be living in the US as of July. Our daughter and I will be joining her permanently once our visas are approved and in hand.

This trip is business for me, with a couple of days spent with them at the end of the trip, at which time I will be coming back with my daughter until immigration process is complete. We will have return tickets on us.

[hikergirl 277]

Does your wife not have enough residency to pass her citizenship on automatically to your daughter?

http://toronto.usconsulate.gov/service/consular-report-of-birth-abroad.html

If your child was born on or after 11/14/86, and only one parent was a U.S. citizen at the time of the child's birth, the child may have acquired U.S. citizenship at birth if the U.S. citizen parent was physically present in the USA for periods totaling five years prior to the child's birth, at least two of which were after their 14th birthday.

Where are you going to be living while you wait for the visa? That lease could possibly show proof of ties.

Edited June 11, 2013 by hikergirl

[FlyCal 0]

Does your wife not have enough residency to pass her citizenship on automatically to your daughter?

http://toronto.usconsulate.gov/service/consular-report-of-birth-abroad.html

Where are you going to be living while you wait for the visa? That lease could possibly show proof of ties.

No, my wife has never resided in the US, so my daughter has to go through the whole process too.

We will be living with my parents so they can assist with childcare until we have visa's in hand. My wife will be travelling back every few weeks to visit.

[hikergirl 277]

Okay that’s too bad. I was asking because we had a member last year some time who made it all the way to the interview with her daughter where it was denied because she was entitled to automatic citizenship through her birth father. I wanted to nip that problem quickly if that was the case.

The best thing would be to address the situation in the notarized letter. That she has permission for her to go down with her mother who will then be establishing residency for the both of you and you will be picking up your daughter and taking her back to Canada until you have your visas. I’m sure you can figure out a more professional sounding wording. Have her bring a copy of the documents submitted on behalf of the daughter & you as well to show that you guys are going about things the right way.

There are examples on-line for the notarized letter. Here’s one on the DFAIT site: http://travel.gc.ca/travelling/children/consent-letter

Edited June 11, 2013 by hikergirl