Not sure what forms to file

[Mike E 11,742]

3 minutes ago, JessCauz said:

 

 

 

I see that a lot of you are suggesting that I file the I-130 for my youngest son as well. I have already applied for the N-600K on February 28, 2022, Can I still apply for the I-130 for him or do I have to wait out the N-600K?

I cannot say for certain that if you file I-130 for the younger (do you have more than 2 kids) child that the N-600K will be canceled. The problem is that you will likely have to move to the USA to establish domicile to enable your spouse’s visa to be approved due to the strict domicile enforcement of the Montreal consulate.  
 

Once you move, if the N-600K interview hasn’t happened it is over: you no longer live with your younger child outside the USA.  
 

Ideally, before you move to the USA the N-600K is approved.  
 

Otherwise you fall back to plan B: I-130 and an immigration visa. The younger child will become a U.S. Citizen immediately upon entering the USA on the visa. It’s just a matter of providing evidence that the two of you reside together in the USA.  Simply keeping the entire mailing from SSA to your child and any government mail to you will close the deal as long as both addresses on both mailings match. 
 

 

 

 

[Mike E 11,742]

24 minutes ago, JessCauz said:

Sorry one more thing. Some are mentioning a consulate in Montréal. We live in Ontario so would the one in Toronto be the one that we deal with?

All immigration visa interviews happen in Montreal 

 

And again, 2 people are telling you that your older child is not a U.S. Citizen because you don’t have 2 years of physical presence in the USA since age 14.  
 

While it is possible your older child is not a U.S. Citizen, because the birth was out of wedlock SS took place between 1986 and 2017, the “2 years after age 14” rule does not apply.  If you had at least a year  of continuous  presence in   the USA before age 15, your older child is a U.S. Citizen 

Edited August 26, 2022 by Mike E

[Letspaintcookies 2,310]

31 minutes ago, JessCauz said:

We were hoping to move to the states in a year. If the I-130 gets approved before we move can we move permanently to the states until the rest is finished? I'm so sorry if I am being a pain. I want the process to go smooth and easy as possible. We don't mind waiting to move if we have to.

One year is not realistic. More about two years. No your husband can't move to the US until he has his visa. You'll probably have to the US before him to meet the domicile requirements. 

[JeanneAdil 6,655]

17 minutes ago, JessCauz said:

Thank you everyone for your help! I truly appreciate it. 

 

I see that a lot of you are suggesting that I file the I-130 for my youngest son as well. I have already applied for the N-600K on February 28, 2022, Can I still apply for the I-130 for him or do I have to wait out the N-600K?

 

I am currently filling out the form for I-130 for hubby I'm on the part of the form where it is asking:

 

"At which USCIS office will the beneficiary apply for adjustment of status to lawful permanent resident?"

 

"At which U.S. Embassy or Consulate location will the beneficiary apply for an immigrant visa?"

 

I'm not sure which one to fill out. We were hoping to move to the states in a year. If the I-130 gets approved before we move can we move permanently to the states until the rest is finished? I'm so sorry if I am being a pain. I want the process to go smooth and easy as possible. We don't mind waiting to move if we have to.

 

Sorry one more thing. Some are mentioning a consulate in Montréal. We live in Ontario so would the one in Toronto be the one that we deal with?

 

Thanks so much again ya'll are amazing!!

He will not choose a USCIS office to AOS 

if granted a spousal visa,  he will be  LPR when he enters the US

married more than 2 years,  he will get 10 year green card

[JessCauz 0]

32 minutes ago, Mike E said:

32 minutes ago, Mike E said:

I cannot say for certain that if you file I-130 for the younger (do you have more than 2 kids) child that the N-600K will be canceled. The problem is that you will likely have to move to the USA to establish domicile to enable your spouse’s visa to be approved due to the strict domicile enforcement of the Montreal consulate.  
 

Once you move, if the N-600K interview hasn’t happened it is over: you no longer live with your younger child outside the USA.  
 

Ideally, before you move to the USA the N-600K is approved.  
 

Otherwise you fall back to plan B: I-130 and an immigration visa. The younger child will become a U.S. Citizen immediately upon entering the USA on the visa. It’s just a matter of providing evidence that the two of you reside together in the USA.  Simply keeping the entire mailing from SSA to your child and any government mail to you will close the deal as long as both addresses on both mailings match. 
 

 

 

 

I do have more than 2 kids. My oldest is 18 and is not planning on moving with us. So its just my daughter (2006) and my son (2015) who are coming with us. 

I plan on making an appointment with the US Embassy for my daughter to get the CRBA asap. Also I have to file for her long form birth certificate.

 

I apologize if I'm repeating myself I'm just trying to make sure I have all the information correct.

 

So for the I-130 should we move to the states then file for it that way we don't have to deal with the strictness on Montreal? We are hoping to all move to the US together. I'm concerned about the N-600K taking too long for my son.

 

Oh wait sorry I just re-read what you said, are you saying I should move to the states on my own first to establish an address first? If that's the case could I potentially use a family members address as my own for now? My entire family resides in the US

 

Edited August 26, 2022 by JessCauz

[JessCauz 0]

7 minutes ago, Letspaintcookies said:

One year is not realistic. More about two years. No your husband can't move to the US until he has his visa. You'll probably have to the US before him to meet the domicile requirements. 

I'm not sure if my dad has 2 years left to live. Pancreatic cancer

With my husbands work hours he cannot stay in Canada with the kids on his own. With the kids not having citizenship yet I can't move there with the kids because they wont be able to attend school. This is a more complicated process than I expected haha

[JessCauz 0]

9 minutes ago, JeanneAdil said:

He will not choose a USCIS office to AOS 

if granted a spousal visa,  he will be  LPR when he enters the US

married more than 2 years,  he will get 10 year green card

I'm so sorry I don't understand those acronyms.

[Chancy 6,243]

"At which USCIS office will the beneficiary apply for adjustment of status to lawful permanent resident?" -- Leave this blank.  There are reports from other VJ members who had to endure many months of delay and additional filing fees because they mistakenly filled out that section even though the case is intended for visa processing outside the US.  Do not make the same mistake.

 

"At which U.S. Embassy or Consulate location will the beneficiary apply for an immigrant visa?" -- Montreal.  It is the only US consulate in Canada that handles immigrant visa processing.  Your husband will have to travel to Montreal for his visa interview.

 

30 minutes ago, JessCauz said:

If the I-130 gets approved before we move can we move permanently to the states until the rest is finished?

 

No, an approved I-130 petition does not grant immigration status.  It will only make your husband eligible to apply for a spouse visa.  He may visit, but he cannot legally reside in the US until after being issued a spouse visa.  There are also reports here from other Canadian members who were denied entry at the border when CBP suspected (wrongly or not) that they were attempting to move to the US without the proper visa.

 

[JessCauz 0]

3 minutes ago, Chancy said:

"At which USCIS office will the beneficiary apply for adjustment of status to lawful permanent resident?" -- Leave this blank.  There are reports from other VJ members who had to endure many months of delay and additional filing fees because they mistakenly filled out that section even though the case is intended for visa processing outside the US.  Do not make the same mistake.

 

"At which U.S. Embassy or Consulate location will the beneficiary apply for an immigrant visa?" -- Montreal.  It is the only US consulate in Canada that handles immigrant visa processing.  Your husband will have to travel to Montreal for his visa interview.

 

 

No, an approved I-130 petition does not grant immigration status.  It will only make your husband eligible to apply for a spouse visa.  He may visit, but he cannot legally reside in the US until after being issued a spouse visa.  There are also reports here from other Canadian members who were denied entry at the border when CBP suspected (wrongly or not) that they were attempting to move to the US without the proper visa.

 

Thank you so much!! So I'll put Montréal then just wait for it to be approved. Continue to live here until he is approved for the spouse visa.

[JeanneAdil 6,655]

54 minutes ago, JessCauz said:

Thank you everyone for your help! I truly appreciate it. 

 

I see that a lot of you are suggesting that I file the I-130 for my youngest son as well. I have already applied for the N-600K on February 28, 2022, Can I still apply for the I-130 for him or do I have to wait out the N-600K?

 

I am currently filling out the form for I-130 for hubby I'm on the part of the form where it is asking:

 

"At which USCIS office will the beneficiary apply for adjustment of status to lawful permanent resident?"

 

"At which U.S. Embassy or Consulate location will the beneficiary apply for an immigrant visa?"

 

I'm not sure which one to fill out. We were hoping to move to the states in a year. If the I-130 gets approved before we move can we move permanently to the states until the rest is finished? I'm so sorry if I am being a pain. I want the process to go smooth and easy as possible. We don't mind waiting to move if we have to.

 

Sorry one more thing. Some are mentioning a consulate in Montréal. We live in Ontario so would the one in Toronto be the one that we deal with?

 

Thanks so much again ya'll are amazing!!

He will not choose a USCIS office to AOS 

if granted a spousal visa,  he will be  LPR when he enters the US

married more than 2 years,  he will get 10 year green card

[JeanneAdil 6,655]

9 minutes ago, JessCauz said:

I'm so sorry I don't understand those acronyms.

Aos can be addavit of support that will fill out when case(s) reach the 2nd stage of the procees

or Adjustment of status if the person was already in the US and adjusting to stay (not in your case)

 

LPR is lifetime permanent resident

 

 

[Chancy 6,243]

1 minute ago, JessCauz said:

Continue to live here until he is approved for the spouse visa.

 

Correct.  Note that he may visit the US during the I-130 and spouse visa process.  Visit, as in, short stay and no working (not even remotely) while in the US.  Make sure he maintains strong ties to Canada and bring evidence of those ties if he comes for a visit.  Check this thread for more details -- https://www.visajourney.com/forums/topic/744770-travelling-on-tourist-visa-whilst-waiting-for-i-130/?do=findComment&comment=10572213

 

[SalishSea 18,145]

1 hour ago, JessCauz said:

 

You can’t do that.   You can move anytime, but your husband needs an immigrant visa to move to the US.  
 

This process will not be completed in a year.

[SalishSea 18,145]

1 hour ago, JessCauz said:

I'm not sure if my dad has 2 years left to live. Pancreatic cancer

With my husbands work hours he cannot stay in Canada with the kids on his own. With the kids not having citizenship yet I can't move there with the kids because they wont be able to attend school. This is a more complicated process than I expected haha

Sorry to hear about your dad.

 

US immigration is not fast,  simple, or cheap.

[Mike E 11,742]

1 hour ago, JessCauz said:

 .

 

Oh wait sorry I just re-read what you said, are you saying I should move to the states on my own first to establish an address first?

Not first.  
 

File  I-130 for your youngest child.  File I-130 and I-130A for your spouse.  
 

When those are approved, the cases move to NVC. Before you sign and upload I-864 for your spouse; you move to USA to establish domicile  

1 hour ago, JessCauz said:

 

If that's the case could I potentially use a family members address as my own for now? My entire family resides in the US

Yes you should use a family member with a stable address for mailing purposes.  Your physical address remains your address in Canada until you physically move.