are there ways to keep green card for a child without a child living in US but with only visiting

[Girl777 2]

Hi all

 

I ran into a tough situation. I am pursuing CR1 visa ( only interview left and scheduled soon) to move to live with my husband in USA. I have 13 years old son from prior marriage and I received court permission for my son to move with me but his dad started to put the child against the move. Currently the situation is quite unstable and I am not sure if child agrees to move  to US with me. We have small baby with my husband so I have no choice but to move.

 

I am worried if I run into situation that I am moving without my son but later he changes his mind and wants to move, it will be again almost 2 year process going through visa application etc.

He is scheduled for an interview in Montreal in May and my understanding is that once visa is issued, we will only have 6 month to move or it will be expired. 

Note: - I understand that I can simply postpone his interview,I believe I can keep postponing it for a year since the date the 1st interview was scheduled ( correct me if I am wrong), but this is not an option for me due to specific circumstances that are long to explain here

-The only option right now, if he really does not want to move as of this moment, for me will be to come to some legal agreement with his dad that child stays with him here but is free to move if he decides later. 

So, scenario I see is that I do get visas for both of us but I go and he stays here. IF he does not want to move within 6 months after visa issuance, are there any ways to keep his green card without living in US but living in Canada. We will have ability to go back and forth for him to visit USA but he would have to attend school in Canada, therefore most of his time he will be living in Canada, Which options he has to be able to keep green card or there is none?

OR wouild you advise me to schedule a consultation with an immigration lawyer to clarify those nuances and possible options?

Thanks very much in advance

[Crazy Cat 41,809]

12 minutes ago, Girl777 said:

are there any ways to keep his green card without living in US but living in Canada. We will have ability to go back and forth for him to visit USA but he would have to attend school in Canada, therefore most of his time he will be living in Canada, Which options he has to be able to keep green card or there is none?

A Green card for the 13-year-old might not be a good idea at this time.  He can't live in Canada as a US Green card holder.   As you stated, visitation is quite easy for Canadians.   

Edited February 6 by Crazy Cat

[Ontarkie 14,215]

Yes it will be about 2yrs if you have to start all over.

 

I'm going to be straight with you here. You are the parent. You already have the court order to allow the move he is 13 no way capable of making a choice like that. Why is he getting so much say about the move, again you are the parent. 

Talk to your son about all the things and new places he can see. About giving school a chance, life in the US a chance and if he gives it an honest go then you can apply for re-entry permit after he gets his GC, to allow him more time to stay in Canada. 

 

If your ex is pulling this stuff just think of what he is going to tell your son after you leave without him.  

 

 

[Family 3,988]

Keep the interview date for both you and your 13 year old son . Enter with him to activate his LPR status and pay fee to generate physical card . 
 

The stamp at entry is sufficient for you to file an I-131 re entry permit as soon as he crosses. 
Plan for him to stay a couple of weeks to receive and complete biometrics . If he absolutely wants to go back to dad , then his green card is preserved without issues . ( 2 years and can do it once more 

 

 

If you naturalize before he turns 18 …he will have US citizenship.

 

Or , close your eyes and force the issue with your son. But I would NOT make any side deals with the EX…am sure it Was not easy getting that court order. 
 

 

[Girl777 2]

Nope not easy, 7 year wait and $$$$$$$ to legal fees

I am heart broken...

[Crazy Cat 41,809]

30 minutes ago, Girl777 said:

Nope not easy, 7 year wait and $$$$$$$ to legal fees

I am heart broken...

We're all wishing you the very best.....