confused...options...ideas?

[mikgag 0]

My wife is American by birth and we have been married here in Canada for 8 years. We have 2 small children born here, ages 1 and 3. My wife wants to move back to the US to be closer to her mother. She now has the opportunity to get a job 20 mins from her mothers house paying quite a large salary(!!). What would be our best/fastest option for the entire family to move there? We would be living at her mothers house.

- Do we file the I-130 here before she leaves?

- Can we all go, and then file the forms in the US providing I come back every 6 months for a bit?

- Can the kids stay with her as well?

I'm trying to find a solution that means the least time seperated from my kids.

[YuAndDan 153]

- Do we file the I-130 here before she leaves?

You can do this either DCF through Montreal or IR-1 through USCIS

- Can we all go, and then file the forms in the US providing I come back every 6 months for a bit?

Many visit from Canada while waiting, but not for that long.

- Can the kids stay with her as well?

If the children are her's by birth then they will be considered to be US Citizens already and can live in the U.S., some paperwork may need to be done at the Consulate show this.

Citizenship of Children

[riblet 0]

Haven't seen you in awhile YuAndDan - have you heard about the new legislation which has basically put a stop to DCF?

- Do we file the I-130 here before she leaves?

You can do this either DCF through Montreal or IR-1 through USCIS

- Can we all go, and then file the forms in the US providing I come back every 6 months for a bit?

Many visit from Canada while waiting, but not for that long.

- Can the kids stay with her as well?

If the children are her's by birth then they will be considered to be US Citizens already and can live in the U.S., some paperwork may need to be done at the Consulate show this.

Citizenship of Children

[mikgag 0]

If the children are her's by birth then they will be considered to be US Citizens already and can live in the U.S., some paperwork may need to be done at the Consulate show this.

unfortunatly, she hasn't lived in the US since she was 1 year old.....I don't think they qualify

[riblet 0]

I think your best option would be for your wife to file the I130's for you and your children from Canada, that way she can stay in Canada with you as long as possible. If you are mainly concerned with speed, she could also file a I129F for you - but if you enter on the I129F you won't be work authorized and will have to apply for employment authorization.

Being that you are in Canada, it makes it slightly easier because you can enter on the K3, apply for work authorization and then go back to Canada for a few months until your work authorization is approved. Filing a I129F will allow your children to get derivative K4 visas, and these will almost certainly be faster than the IR/CR1, and will get them back to their mother faster. Also, once you get the K3 you have the option of continuing to pursue the IR/CR1 and returning to interview in Montreal OR adjusting status in the U.S.

Also, someone correct me if I'm wrong but I think that once your children get permanent resident status, they will immediately be eligible to apply for citizenship.

Sorry if this is garbled, good luck, and definitely read the guides on this site they are a great resource!

[mikgag 0]

So if I understand this correctly, if my wife applies for this job and gets it, she can file the I-130 for me before she leaves, the kids can go with her and get adjusted there, but I have to stay here for 8-12 months until the process if finished?

[Reba 2]

I don't think the kids can go with her unless they have status in the US as citizens. They'd have to stay in Canada with you until they get their visas.

[mikgag 0]

I don't think the kids can go with her unless they have status in the US as citizens. They'd have to stay in Canada with you until they get their visas.

Even though they're 1 and 3 years old?....that sucks. My wife would never go for that.

[riblet 0]

It would probably be a good idea for you to consult with an attorney. I'm fairly certain that she should be able to stay in Canada until fairly late in the process (when it's coming near to the time to submit the Affidavit of Support) as long as she will be able to meet the financial requirements. Are her parents able to be joint sponsors?

[mikgag 0]

It would probably be a good idea for you to consult with an attorney. I'm fairly certain that she should be able to stay in Canada until fairly late in the process (when it's coming near to the time to submit the Affidavit of Support) as long as she will be able to meet the financial requirements. Are her parents able to be joint sponsors?

Her mother could be a joint sponsor. I might have see an attorney. This process is crazy, I ask the same question to 5 people and get 5 different answers....so frustrating. oh well.....I'll keep digging.

[misa 2]

If the children are her's by birth then they will be considered to be US Citizens already and can live in the U.S., some paperwork may need to be done at the Consulate show this.

unfortunatly, she hasn't lived in the US since she was 1 year old.....I don't think they qualify

But did you see this part in the PDF? Are your wife's parents in the U.S.? Might be something to inquire about further. Maybe your wife can call the U.S. Consulate closest to you and ask for some advice regarding your children's citizenship.

I was born overseas. One of my parents was a U.S. citizen but never lived in the U.S. One of my grandparents

was also a U.S. citizen. Could I have derived U.S. citizenship?

If your parent was a U.S. citizen when you were born but had not lived in the U.S. for the required amount of time before your birth, but one of your grandparents was also a U.S. citizen and had already met the residence requirements, then you may still have derived U.S. citizenship. For more information, please check our website, or the State Department website at www.state.gov.

Edited February 1, 2007 by misa

[mikgag 0]

But did you see this part in the PDF? Are your wife's parents in the U.S.? Might be something to inquire about further. Maybe your wife can call the U.S. Consulate closest to you and ask for some advice regarding your children's citizenship.

If your parent was a U.S. citizen when you were born but had not lived in the U.S. for the required amount of time before your birth, but one of your grandparents was also a U.S. citizen and had already met the residence requirements, then you may still have derived U.S. citizenship. For more information, please check our website, or the State Department website at www.state.gov.[/i]

whoa....gotta check this out. Her mom is a US citizen and moved back there 10 years ago. hmmmmm....

[misa 2]

Sounds like your kids might derive citizenship after all.

[mikgag 0]

Sounds like your kids might derive citizenship after all.

Boo-Yaa !!

- At least one parent of the child is an American citizen by birth or naturalization.

- The American citizen parent has been physically present in the United States for a total of at least five years, at least two of which are after the age of 14. If the child''s American citizen parent cannot meet the physical presence requirement, it is enough if one of the child''s American citizen grandparents can meet it.

- The child is under the age of eighteen.

- The child lives abroad in the legal and physical custody of the American citizen parent and has been lawfully admitted into the United States as a nonimmigrant.

[misa 2]

One problem solved! I think you will need to register the births, etc. at the closest U.S. Consulate to you. Get your wife to give them a call.