Question about traveling

[ABodden 3]

Hi all, it's been a while since I've asked a question on here so please bare with me. I think I'm asking in the correct place but if not, please point me in the right direction..

 

My husband is from Canada. He came to the US on a k1 visa and we've been married since 2019. In 2022, we filed to remove conditions on his greencard. The last update we got was March 2023 stating he has a 48 month extension while it's being processed. We now have a son and would like to visit family in Canada but I'm a bit confused. Does he have to fill out that travel form if we just plan to go for a weekend? His Canadian passport is also expired, does he need to renew it in Canada? Will there be any issues coming back to the US for him? We can't risk him getting stuck there and my son and I coming home alone.

 

Thank you in advance!

[Ontarkie 14,218]

~~moved to Working and Traveling, from AOs From K1/K3- as the OP's spouse is waiting on ROC~~

[OldUser 6,635]

Unless crossing by land, the husband needs to renew Canadian passport.

 

The kid needs to get a passport too. It well may be the child is both a US and Canadian citizen. In that case, US passport will be sufficient for travel, but can get a Canadian in addition.

[K1visaHopeful 2,814]

1 hour ago, ABodden said:

Does he have to fill out that travel form if we just plan to go for a weekend?

"That" travel form refers to what travel form?

 

1 hour ago, ABodden said:

His Canadian passport is also expired, does he need to renew it in Canada?

In Canada? No. He can renew it by mail while in the US.

Since you haven't specified how you will be traveling and it's unsure if you understand what a passport is needed for the basics are if he's flying, he'll need a passport. 

By border crossing, he'll likely be able to get over the border to Canada with just his Canadian BC but returning to US without a passport would likely be difficult but may be not impossible.

1 hour ago, ABodden said:

Will there be any issues coming back to the US for him? We can't risk him getting stuck there and my son and I coming home alone.

 

Thank you in advance!

Without further details on your part, the best advice would be to renew his passport from the US before any international travel. 

Renewing a passport in Canada in an emergency while there even if he could get in with his BC, may not be the best route to go. 

Edited March 21 by K1visaHopeful

[ABodden 3]

5 minutes ago, K1visaHopeful said:

"That" travel form refers to what travel form?

 

In Canada? No. He can renew it by mail while in the US.

Since you haven't specified how you will be traveling and it's unsure if you understand what a passport is needed for the basics are if he's flying, he'll need a passport. 

By border crossing, he'll likely be able to get over the border to Canada with just his Canadian BC but returning to US without a passport would likely be difficult but may be not impossible.

Without further details on your part, the best advice would be to renew his passport from the US before any international travel. 

Renewing a passport in Canada in an emergency while there even if he could get in with his BC, may not be the best route to go. 

The travel form i'm referring to is I-131. It does show a year or more BUT i've read online that he needs to either way so I was confused. 

We will be traveling by land but I'm told by his family that Canada doesn't have passport cards so either way he will need the book. I will look into renewing his passport by mail! Thank you for that!

[ABodden 3]

23 minutes ago, OldUser said:

Unless crossing by land, the husband needs to renew Canadian passport.

 

The kid needs to get a passport too. It well may be the child is both a US and Canadian citizen. In that case, US passport will be sufficient for travel, but can get a Canadian in addition.

Our son will only be 2 in May. We will be traveling by land so I've been told that we just need to bring his birth certificate. My sister in law did this for her two kids when they visited last year and they are older than he is. Is this true for going to Canada as it was for them coming from Canada? Thank you!

[OldUser 6,635]

13 minutes ago, ABodden said:

The travel form i'm referring to is I-131. 

I-131 is not required for travel that is shorter than 6 months for a GC holder.

 

[OldUser 6,635]

12 minutes ago, ABodden said:

Our son will only be 2 in May. We will be traveling by land so I've been told that we just need to bring his birth certificate. My sister in law did this for her two kids when they visited last year and they are older than he is. Is this true for going to Canada as it was for them coming from Canada? Thank you!

I'm not 100% sure how travelling on birth certificate works, especially for a dual citizen (if the child is both US and Canadian). Photo ID such as passport is the best proof. Plus you don't want to lose the birth certificate.

[K1visaHopeful 2,814]

19 minutes ago, ABodden said:

The travel form i'm referring to is I-131. It does show a year or more BUT i've read online that he needs to either way so I was confused. 

This statement here is still confusing. 

I131 is for those awaiting GCs, so those who aren't residents yet OR for residents who are planning to stay out of the US for more than one year. 

Neither is the case for you as your husband IS already a resident and is not leaving the US for a year.

19 minutes ago, ABodden said:

We will be traveling by land but I'm told by his family that Canada doesn't have passport cards so either way he will need the book.

No such thing. 

[garebear397 69]

I mean....just get everyone passports. Renew your husband's passport (can do by mail before you go). You are an international family, everyone should always have up-to-date passports, you never know when you need to travel urgently. Your child should eventually get two passports (US and Canadian) -- it isn't super necessary for the trip right now but it doesn't hurt to have dual-citizenship and documentation. 

Edited March 21 by garebear397

[ABodden 3]

10 hours ago, K1visaHopeful said:

This statement here is still confusing. 

I131 is for those awaiting GCs, so those who aren't residents yet OR for residents who are planning to stay out of the US for more than one year. 

Neither is the case for you as your husband IS already a resident and is not leaving the US for a year.

No such thing. 

It was on the notice of action we received. The first time I read it, I misread so I tried to Google it and that's where I found info that he had to fill out the form either way. But I reread it last week and I said to myself, this says only if it's a year or more. So I just wanted to clarify. I appreciate all your help!

[ABodden 3]

2 hours ago, garebear397 said:

I mean....just get everyone passports. Renew your husband's passport (can do by mail before you go). You are an international family, everyone should always have up-to-date passports, you never know when you need to travel urgently. Your child should eventually get two passports (US and Canadian) -- it isn't super necessary for the trip right now but it doesn't hurt to have dual-citizenship and documentation. 

We do plan to get him one but money is tight and so for this trip, I think we'll do the birth certificate.

I was looking into mailing the renewal form yesterday for my husband. Since it's going to take a while and they will need us to send in his expired passport, will this potentially be a problem if we hear back from uscis before we get it back? I mean he has a license, social, expired gc, etc. So it shouldn't, right?

Edited March 21 by ABodden

[ABodden 3]

11 hours ago, OldUser said:

I'm not 100% sure how travelling on birth certificate works, especially for a dual citizen (if the child is both US and Canadian). Photo ID such as passport is the best proof. Plus you don't want to lose the birth certificate.

Yeah I bought multiple copies of his bc. My MIL has one and we have two at home. I'm going to take the risk for this trip. I'll just be sure to not lose his bc lol but we do plan to get him a passport eventually. Thank you!

[mam521 2,062]

Hubs does not need the I-131.  He needs his expired greencard and extension letter to reenter the US.  

 

Canadian passports are taking about 5 weeks at the moment.  Since you're going to be in Canada, see if you can get an urgent passport renewal.  Yes, it will cost a bit more, but then he will have his proper travel document within 2 days and won't be without the expired passport while the new one is processing, as would be the case if you renew from the USA.  

 

For your 2yo to get a US passport, you'll have to book an appointment at the local post office and all 3 of you will have to turn up to file the application.  These were taking about 2 weeks not long ago. You can get a US passport card for your little one.  Once you get the passport, have hubs apply for your kiddo's Canadian citizenship.  

 

Don't forget your own ID when you travel!