US Citizen Abroad - Wanting to move back

[ginonca1 0]

Good Afternoon Everyone,

I'm an american citizen but have been living in Canada since I was 7. I've adopted a child while living in Canada (with my former spouse) and am thinking of relocating back to the US to expand my career options - My ex is ok with this too, and will sign anything if required.

What's the easiest & quickest way for me to move to the US with my son? Is there a way to get him in asap and then do adjustment of status once there?

Because i'm currently living in Canada, how do I show affidavit of support around the domicile question?

USCIS phone agent told me to do I-130 and then it would be sent to the Canadian consulate for processing... is this correct? If so it goes back to, will they ask for the affidavit of support.

I feel like i'm in a chicken and egg situation, if I move to the US on my own and have house and job it wouldn't be a problem.

Any advise you can all provide would be much appreciated.

[Boiler 46,147]

In the Canada section there is a long thread out obtaining a US domicile, so that is your first major issue.

Then yes you will need to go the I 130 route.

Have you been filing US taxes?

[ginonca1 0]

Yes i've been filing my US taxes for several years now so I'm good that way. For child do they ask for I485 or is that only spouse?

[Boiler 46,147]

From ememory, ie check, the child will be a USC on entry so not AoS needed.

[ginonca1 0]

From ememory, ie check, the child will be a USC on entry so not AoS needed.

This is the part I dont know. Some places imply the child is automatically a USC; but i still need a green card to legally bring him to the states to live.. right?

[newacct 688]

This is the part I dont know. Some places imply the child is automatically a USC; but i still need a green card to legally bring him to the states to live.. right?

Upon entering the US with an immigrant visa, the child will immediate become a US permanent resident, and then immediately become a US citizen. Since the child will immediately become a US citizen, an I-864W can be filled out instead of an I-864. The child will still receive a green card like all people who enter on an immigrant visa. The green card + proof of the parent's US citizenship will serve as proof of the child's US citizenship.

[ginonca1 0]

Thanks for your reply everyone. A few more things I've just been reading about. For my child under section 320 it says my child will automatically become usc but that section is for children already residing in the us. We currently reside in Canada and can't relocate obviously until this is all done. Does that mean I need to go via section 322? The problem with 322 is that I didn't live in the us after age 14. Will they let me use section 320 so we can then start to relocate to states?

[ginonca1 0]

Bump

[newacct 688]

Thanks for your reply everyone. A few more things I've just been reading about. For my child under section 320 it says my child will automatically become usc but that section is for children already residing in the us. We currently reside in Canada and can't relocate obviously until this is all done. Does that mean I need to go via section 322? The problem with 322 is that I didn't live in the us after age 14. Will they let me use section 320 so we can then start to relocate to states?

So your child is not a US citizen how. Your child will enter the US as a foreigner, with an immigrant visa. Once they enter the US with the immigrant visa, they automatically become a US permanent resident, and then automatically become a US citizen under INA 320.