Visa for Child and Custody Information

[musicfan24 2]

Hi all,

 

I am going to be submitting petitions for my son and husband shortly and I just had a question with regards to custody.

 

My husband is my son's biological father. I will be listing each of them on the other's application. 

 

We all currently live in Canada but I plan to move down to the US in the coming months to set things up. Since I will no longer be at the same address as my son will any custody questions come up? Obviously his father is on board as I am trying to bring them both down. 

 

I just want to know how it is looked at from NVC's perspective. Thank you!

[Ontarkie 14,542]

~~Moved to IR1/CR1 P&P - as the OP is petitioning for her spouse and child.~~

 

Mod hat off 

 

As you are still married it should not be an issue. 

[musicfan24 2]

2 minutes ago, Ontarkie said:

~~Moved to IR1/CR1 P&P - as the OP is petitioning for her spouse and child.~~

 

Mod hat off 

 

As you are still married it should not be an issue. 

 

Yes we are still married. Thanks for the response. I guess I was just wondering too since it doesn't ask for his father's signature anywhere on the I-130 application. 

Edited December 28, 2021 by musicfan24

[Ontarkie 14,542]

4 minutes ago, musicfan24 said:

 

Yes we are still married. Thanks for the response. I guess I was just wondering too since it doesn't ask for his father's signature anywhere on the I-130 application. 

You can always write a note when it comes time to  interview. Stating that you are giving consent to move your child along with husband to the US for family reunification. 

 

I doubt they will even ask though. 

[musicfan24 2]

2 minutes ago, Ontarkie said:

You can always write a note when it comes time to  interview. Stating that you are giving consent to move your child along with husband to the US for family reunification. 

 

I doubt they will even ask though. 

Thank you.  

[pushbrk 13,174]

2 hours ago, musicfan24 said:

Hi all,

 

I am going to be submitting petitions for my son and husband shortly and I just had a question with regards to custody.

 

My husband is my son's biological father. I will be listing each of them on the other's application. 

 

We all currently live in Canada but I plan to move down to the US in the coming months to set things up. Since I will no longer be at the same address as my son will any custody questions come up? Obviously his father is on board as I am trying to bring them both down. 

 

I just want to know how it is looked at from NVC's perspective. Thank you!

Custody is not an issue in this kind of case.  You'll be including your son's birth certificate with your petition for him.  That covers it.  Why is your son not entitled to US Citizenship instead of an immigrant visa?  There are possible reasons.  Just covering the bases here.

[musicfan24 2]

2 hours ago, pushbrk said:

Custody is not an issue in this kind of case.  You'll be including your son's birth certificate with your petition for him.  That covers it.  Why is your son not entitled to US Citizenship instead of an immigrant visa?  There are possible reasons.  Just covering the bases here.

I appreciate you asking this question. The issue is I got citizenship through my dad who grew up and lived in the US until he moved here to Canada in his 20s. I was born in Canada with no years lived in the US. I wanted to try and get my son a passport but I don't have the required years lived. It would actually only be a year I need since he was born before we were married and in 2016..but I don't even have that. So I was told visa is the next best option. What I don't get is why someone can use their grandparents years for the N-600K but not a passport. 

[pushbrk 13,174]

57 minutes ago, musicfan24 said:

I appreciate you asking this question. The issue is I got citizenship through my dad who grew up and lived in the US until he moved here to Canada in his 20s. I was born in Canada with no years lived in the US. I wanted to try and get my son a passport but I don't have the required years lived. It would actually only be a year I need since he was born before we were married and in 2016..but I don't even have that. So I was told visa is the next best option. What I don't get is why someone can use their grandparents years for the N-600K but not a passport. 

Sounds right.  Your son will become a US Citizen once the visa is used to live with you in the USA.  You can apply for a passport then.  Spouse gets a green card.

[musicfan24 2]

On 12/28/2021 at 8:57 PM, pushbrk said:

Sounds right.  Your son will become a US Citizen once the visa is used to live with you in the USA.  You can apply for a passport then.  Spouse gets a green card.

I was asked today why wouldn’t I have gone the N-600K route for my son. Wanted to get your opinion on this. We all still live in Canada. I will go down to the US in the next few months to establish domicile while they wait here for approval. At the time applying for visas for both my husband and son seemed like the best option. Now this person has me second guessing.

[pushbrk 13,174]

14 minutes ago, musicfan24 said:

I was asked today why wouldn’t I have gone the N-600K route for my son. Wanted to get your opinion on this. We all still live in Canada. I will go down to the US in the next few months to establish domicile while they wait here for approval. At the time applying for visas for both my husband and son seemed like the best option. Now this person has me second guessing.

Whomever asked that question, it's just a question.  I don't think your son qualifies for an N600k., but I don't know the full circumstances.   Study the N-600k instructions and satisfy yourself.

Edited January 12, 2022 by pushbrk

[Chancy 6,243]

19 minutes ago, musicfan24 said:

I was asked today why wouldn’t I have gone the N-600K route for my son.

 

While your son could possibly qualify for N-600K through your dad, N-600K is mainly for children who intend to reside outside the US.  Which your family does not.  So no need for second-guessing.  The I-130 route is the most straightforward path to US citizenship for your son, given your family's circumstances.

 

[ice-qube 649]

56 minutes ago, Chancy said:

 

While your son could possibly qualify for N-600K through your dad, N-600K is mainly for children who intend to reside outside the US.  Which your family does not.  So no need for second-guessing.  The I-130 route is the most straightforward path to US citizenship for your son, given your family's circumstances.

 

So just jumping in here out of curiousity does this mean that, even though @musicfan24's child could in hypothetical terms get the N600-K, this mere fact should not affect the child's ability to get approved to immigrate via I-130?

[jan22 3,068]

15 hours ago, ice-qube said:

So just jumping in here out of curiousity does this mean that, even though @musicfan24's child could in hypothetical terms get the N600-K, this mere fact should not affect the child's ability to get approved to immigrate via I-130?

It would not.  Having to use the grandparents' status to acquire US citizenship means that the child was not a US citizen at birth -- which he would have been if his mother was able to transmit US citizenship to her son. 

 

As he was not a US citizen at birth, he can be issued an immigrant visa after meeting all the requirements.  Once he is admitted to the US with that visa and is living in the US with his US citizen parent, he wii immediately acquire US citizenship.

[musicfan24 2]

23 hours ago, pushbrk said:

Whomever asked that question, it's just a question.  I don't think your son qualifies for an N600k., but I don't know the full circumstances.   Study the N-600k instructions and satisfy yourself.

I appreciate your response. Thank you. I think this was the best option for us. 

[musicfan24 2]

22 hours ago, Chancy said:

 

While your son could possibly qualify for N-600K through your dad, N-600K is mainly for children who intend to reside outside the US.  Which your family does not.  So no need for second-guessing.  The I-130 route is the most straightforward path to US citizenship for your son, given your family's circumstances.

 

Thank you, looking back this is exactly why we chose this route. I won’t be able to wait however long in Canada with my son until an N-600K is approved if I’m trying to also petition for my husband. It puts them both on the same path.