Jump to content

21 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

Texas32 - I suggest you revise your calendar - to whit:

1. leave USA 3 days before school in Canada starts

2. return to USA day after winter session break starts.

3. return to Canada 2 days before spring semester starts

Plug these into a calendar, you should see that there is less than 6 months duration each thing in Canada - which (IMO) is useful for maintaining LPR status. It's not just my opinion - USCIS and the CBP as well.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Filed: K-1 Visa Country: Canada
Timeline
Posted

Hi Darnell,

Thank you for your advice. Unfortunately the plane tickets are booked. Both kids are flying up to see their Dad on August 2nd. My son is returning to USA on August 16th, so he is only having a two week visit with his dad. My daughter is staying with him. I have told her and her father that she has 5 to (but not more than) 6 months to decide if she wants to stay there.

If at that point, she wishes to stay in Canada to finish out her school year, then she will return here next June. At that point we will apply for removal of conditions on our green card. Immigration told me that she is allowed to go to school abroad - that it would not affect her LPR and that as long as she returns to the USA within one year then she will be okay.

I have no choice but to hope that this is the case. I did write down the employee # of the person I spoke with at Immigration.

I am hoping that due to the circumstances (her age - my custody of her etc, her ties to the US,) that they will understand that she is not abandoning her LPR - but that she is trying to figure out where she wants to be - and she cannot do that unless she goes there to see.

All agreements that I have with her father state that this is an extended visit for her to try going to high school there and that all custody papers remain the same. I do have sole custody and am not willing to give that up at this point. He has agreed to my terms. So we will see.

I have explained to her that if she breaks the immigration rules that she may end up stuck there - even is she is unhappy - and there is nothing I can really do about it - but to go through immigration all over again (which takes about a year - and a boatload more money).

I do have one question though. She does have her Canadian passport and her green card. Which one should she use to travel back and forth?

Kimberley and Richard
Service Center : Vermont Service Center
Consulate : Montreal, Canada
2012-01-25 : I-129F Sent
2012-01-27 : VSC Received
2012-01-31 : I-129F NOA1 Notice Date
2012-02-01 : Touch
2012-07-05 : RFE Email (after 161 days)
2012-07-11 : RFE Received in Mail
2012-07-12 : RFE Reply Sent via USPS Overnight
2012-07-13 : RFE Reply Received at VSC at 12:16 PM
2012-07-18 : Case status updated to: "Request for Evidence Response Review"
2012-09-20 : Service Request Submitted with Tier 2 ISO
2012-09-25 : NOA2 Approved after 242 days!!
2013-01-07: Medical
2013-01-22: Interview - Approved! smile.png

My blog and video review of the Montreal Hotel that we stayed in: http://fanatictourist.com/blog/travel-tales/review-le-square-phillips-hotel-and-suites-montreal-canada/

2013-04-30: POE - Sarnia / Pt. Huron

2013-05-06: Made it legal.

2013-06-10: Apply for AOS, EAD and AP

2013-08-27: EAD / AP Received
2013-09-17: Greencard Received

2013-09-28: Wedding! smile.png

2015-06-15: Sent I-751 Application - Removal of Conditions.
2015-11-23: Approved
2015-12-02: 10 yr Green Card Rec'd.

Posted

She will use the GC to enter the US. As Canada and the US have a different arrangement then other countries, I am not sure if she needs her Canadian passport or not, but I would bring it along just in case. I know my wife can visit Canada using her GC and does not need to get a visa whereas others from her country are required to obtain a visa.

This plan should work for her to maintain her LPR status. Maybe a bit of a hassle at the US/Canadian border may open her eyes that it is not as easy to enter the US as she thinks and that her decisions have consequences that may well affect her for many years to come.

I hope it all works out for you in the end.

Dave

Filed: K-1 Visa Country: Canada
Timeline
Posted

She will use the GC to enter the US. As Canada and the US have a different arrangement then other countries, I am not sure if she needs her Canadian passport or not, but I would bring it along just in case. I know my wife can visit Canada using her GC and does not need to get a visa whereas others from her country are required to obtain a visa.

This plan should work for her to maintain her LPR status. Maybe a bit of a hassle at the US/Canadian border may open her eyes that it is not as easy to enter the US as she thinks and that her decisions have consequences that may well affect her for many years to come.

I hope it all works out for you in the end.

Dave

Thanks Dave, I appreciate your response. The kids will be travelling with both - their Canadian passports and Green cards. When I filled out the flight information online there was a place to put both the passport # and the Green card # - so I filled out both spots.

I also did a consent to travel for both kids. My ex is bringing my son back by car on Aug 16th, so he will have to travel across the border with him. I will tell him to enter the US with his greencard. I hope he doesn't have problems at the border. I am meeting him halfway.

If my daughter chooses the make the drive back across the border to see her brother off - and then re-enters Canada with her father the next day, will this raise flags? Or should she just stay put in Canada and not make that second trip across and back?

Should I do a separate consent form for that trip?

Kimberley and Richard
Service Center : Vermont Service Center
Consulate : Montreal, Canada
2012-01-25 : I-129F Sent
2012-01-27 : VSC Received
2012-01-31 : I-129F NOA1 Notice Date
2012-02-01 : Touch
2012-07-05 : RFE Email (after 161 days)
2012-07-11 : RFE Received in Mail
2012-07-12 : RFE Reply Sent via USPS Overnight
2012-07-13 : RFE Reply Received at VSC at 12:16 PM
2012-07-18 : Case status updated to: "Request for Evidence Response Review"
2012-09-20 : Service Request Submitted with Tier 2 ISO
2012-09-25 : NOA2 Approved after 242 days!!
2013-01-07: Medical
2013-01-22: Interview - Approved! smile.png

My blog and video review of the Montreal Hotel that we stayed in: http://fanatictourist.com/blog/travel-tales/review-le-square-phillips-hotel-and-suites-montreal-canada/

2013-04-30: POE - Sarnia / Pt. Huron

2013-05-06: Made it legal.

2013-06-10: Apply for AOS, EAD and AP

2013-08-27: EAD / AP Received
2013-09-17: Greencard Received

2013-09-28: Wedding! smile.png

2015-06-15: Sent I-751 Application - Removal of Conditions.
2015-11-23: Approved
2015-12-02: 10 yr Green Card Rec'd.

  • 1 month later...
Posted

Doesn't matter how much she travels back and forth. She will need travel consent that covers any crossings. I would make sure they ahve one for the trip back and forth to see her brother off.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: K-1 Visa Country: Canada
Timeline
Posted

Thanks for your reply NLR... The trip back and forth went off without a hitch.

My ex drove across the border into USA with both kids to return my son and then re-entered Canada with my

daughter the next day. He had no issues at the border.

He had my consent forms with him, the border patrol officer asked him if he had consent - he said yes and

offered up the letters - but the border patrol then said - not necessary. (I guess he believed him.)

Kimberley and Richard
Service Center : Vermont Service Center
Consulate : Montreal, Canada
2012-01-25 : I-129F Sent
2012-01-27 : VSC Received
2012-01-31 : I-129F NOA1 Notice Date
2012-02-01 : Touch
2012-07-05 : RFE Email (after 161 days)
2012-07-11 : RFE Received in Mail
2012-07-12 : RFE Reply Sent via USPS Overnight
2012-07-13 : RFE Reply Received at VSC at 12:16 PM
2012-07-18 : Case status updated to: "Request for Evidence Response Review"
2012-09-20 : Service Request Submitted with Tier 2 ISO
2012-09-25 : NOA2 Approved after 242 days!!
2013-01-07: Medical
2013-01-22: Interview - Approved! smile.png

My blog and video review of the Montreal Hotel that we stayed in: http://fanatictourist.com/blog/travel-tales/review-le-square-phillips-hotel-and-suites-montreal-canada/

2013-04-30: POE - Sarnia / Pt. Huron

2013-05-06: Made it legal.

2013-06-10: Apply for AOS, EAD and AP

2013-08-27: EAD / AP Received
2013-09-17: Greencard Received

2013-09-28: Wedding! smile.png

2015-06-15: Sent I-751 Application - Removal of Conditions.
2015-11-23: Approved
2015-12-02: 10 yr Green Card Rec'd.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...