US Citizen moving from Canada to US with Canadian husband and children

[Ellemerr 0]

My husband was just accepted to an American school so we, obviously, need to move down south. I have American citizenship (through a parent), but my husband and children do not.

I'm completely unsure of what the best thing to do is. We are planning on living there permanently after graduation.

Should I file an I130 for each of them? What else do I need to do? I am terrified that I'll do something wrong and they won't be able to cross the border.

[Redro 4,612]

47 minutes ago, Ellemerr said:

My husband was just accepted to an American school so we, obviously, need to move down south. I have American citizenship (through a parent), but my husband and children do not.

I'm completely unsure of what the best thing to do is. We are planning on living there permanently after graduation.

Should I file an I130 for each of them? What else do I need to do? I am terrified that I'll do something wrong and they won't be able to cross the border.

As your husband is Canadian he can try to enter the US on an F1 visa (student visa). 

You will need to research getting your children F-2 visas. 

For Canadians they are allowed to activate their F1s at the border so make sure your husband has his I-20 when he enters with the children. 

 

If you plan to move to the US  permanently you might want to consider filing I-130s for everyone and remaining in Canada after your husband moves to the US to begin his studies. As it is immigration fraud to move on a non-immigrant visa with the intent to adjust status. 

Edited March 27, 2022 by Kor2USA

[Lemonslice 4,977]

1 hour ago, Ellemerr said:

My husband was just accepted to an American school so we, obviously, need to move down south. I have American citizenship (through a parent), but my husband and children do not.

I'm completely unsure of what the best thing to do is. We are planning on living there permanently after graduation.

Should I file an I130 for each of them? What else do I need to do? I am terrified that I'll do something wrong and they won't be able to cross the border.

Have you ever lived in the US?

[Ellemerr 0]

Yes, for about 8 months.

[Ellemerr 0]

38 minutes ago, Kor2USA said:

As your husband is Canadian he can try to enter the US on an F1 visa (student visa). 

You will need to research getting your children F-2 visas. 

For Canadians they are allowed to activate their F1s at the border so make sure your husband has his I-20 when he enters with the children. 

 

If you plan to move to the US  permanently you might want to consider filing I-130s for everyone and remaining in Canada after your husband moves to the US to begin his studies. As it is immigration fraud to move on a non-immigrant visa with the intent to adjust status. 

What do you mean, why should I remain in Canada?

24 minutes ago, Lemonslice said:

Have you ever lived in the US?

Yes, for about 8 months.

[Lemonslice 4,977]

4 minutes ago, Ellemerr said:

Yes, for about 8 months.

Look at the requirements for CRBA, but I think your children will need visas to move to the US. 

https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

[Redro 4,612]

4 minutes ago, Ellemerr said:

What do you mean, why should I remain in Canada?

 

Moving to the US on a non-immigrant visa with the intent of immigrating is fraud. 

If you all move to the US with the intention of staying you might be denied at the border. 

 

See this situation: 

VISA WAIVER/ B1/B2/F1 they are all non-immigrant visas and you're telling CBP and IOs you plan to return to your home country after you've studied/visited/completed various business meetings. 

 

[Ellemerr 0]

11 minutes ago, Kor2USA said:

Moving to the US on a non-immigrant visa with the intent of immigrating is fraud. 

If you all move to the US with the intention of staying you might be denied at the border. 

 

See this situation: 

VISA WAIVER/ B1/B2/F1 they are all non-immigrant visas and you're telling CBP and IOs you plan to return to your home country after you've studied/visited/completed various business meetings. 

 

Ok, so I wasn't planning on filing those. The plan is to immigrate, so I'm asking which forms I need. It seems like I-130.

[Redro 4,612]

3 minutes ago, Ellemerr said:

Ok, so I wasn't planning on filing those. The plan is to immigrate, so I'm asking which forms I need. It seems like I-130.

If you plan on filing I-130s you need to go through the consulate as you are still in Canada. 

You cannot enter the US with the intention of filing an I-130 and staying in the US. 

This is immigration fraud. 

Edited March 27, 2022 by Kor2USA

[Ellemerr 0]

13 minutes ago, Kor2USA said:

If you plan on filing I-130s you need to go through the consulate as you are still in Canada. 

You cannot enter the US with the intention of filing an I-130 and staying in the US. 

This is immigration fraud. 

Thank you for your help. I have no intention of filing while already there.

[JeanneAdil 6,671]

34 minutes ago, Ellemerr said:

What do you mean, why should I remain in Canada?

Yes, for about 8 months.

It means u can live in the US as a USC but your children need to get a visa per to move here as they are not citizens/ u only lived here 8 months so they are not USC (I 130 for them )

your husband can also come on F1 student visa per those requirements

 

So,  do u come with husband and leave children in Canada waiting for their interview or stay with them 

 

check requirements of the school (college) too 

like is he a freshman in college and some require freshmen to live on campus (meaning u could not live with him )

 

u also as a USC need to have been filing US tax returns and we do have tax treaty with Canada so no issue there

to petition your children u have to show US residency (can be address of a relative, state ID or driving license or US back account)  and US income according to poverty guidelines

 

read thru the guides above to see the process

[carmel34 3,657]

Check out the Canada/Montreal portal here on VJ.  Montreal is very backed up for spousal visas.  If your intention is to immigrate to the US permanently, the spousal visa for your husband is the way to go.  F-1, a student visa for your husband, is only for studying temporarily in the US, then return to Canada.  File I-130 petitions for your husband and each child now.  The process will take 1-2 years from the date you file until the visas are approved.  I suggest that your husband contact the school in the US where he was accepted, and request a deferred admission to Fall 2023.  Hopefully his visa will be approved by then.  If not, he can ask for another deferral.  Another thing to research (search for "domicile" on the Canada portal) is the strict interpretation and application of US domicile for the USC spouse, the petitioner.  You may have to move to the US before your family to satisfy this requirement.  A few applicants have been able to get visas with evidence of "intent to re-establish US domicile."  Good luck!

 

https://www.visajourney.com/portals/index.php?country=Canada

Edited March 27, 2022 by carmel34

[Ontarkie 14,510]

~~One post removed. The OP's post already states their intent. DO not post comments about options not available to them.~~

Edited March 27, 2022 by Ontarkie

[pushbrk 13,133]

10 hours ago, Ellemerr said:

My husband was just accepted to an American school so we, obviously, need to move down south. I have American citizenship (through a parent), but my husband and children do not.

I'm completely unsure of what the best thing to do is. We are planning on living there permanently after graduation.

Should I file an I130 for each of them? What else do I need to do? I am terrified that I'll do something wrong and they won't be able to cross the border.

There's often (This is one of those cases.) where there's a big difference between need and want, and also between what you want or need and what you actually can do.

 

It's natural for families to want to be together, even NEED to be together.  There's more than one way for your family to spend time together in the USA, while your husband is in school, including frequent visits in both directions or even possibly F2 visas for the children, but those are temporary solutions.  If your real intention is to move and live in the USA permanently, then you use the immigration process, PERIOD.

 

The fact that your husband was accepted to an American School is not even a guarantee HE will be granted a student visa.  Chances of him getting that visa are much better if his wife and family are staying behind in Canada and will only be visiting.  It's not enough just to say that though.  You would need to show that you have a home and job in Canada tying you to Canada, for him to even get the Student visa.  Depending on circumstances AND YOUR TIES TO CANADA, the children might get F2 student visas.

 

This is something frankly, you should have researched thoroughly BEFORE he even applied to any schools in the USA.  That you failed to do so, is NOT the responsibility of any US Government agency.

 

Note that if your goal is permanently living in the USA, your husband and children will go through a two year plus immigration process to get immigrant visas, IR1 for husband and IR2 for children.  Once immigrate using those visas, your children become US Citizens, but your husband just gets a green card signifying lawful permanent residence.

[Mike E 11,742]

Canadian citizen and former student here.  As a Canadian,  I did not need an F-1 visa to study in the USA nor was I permitted to apply for one.  

Edited March 28, 2022 by Mike E