Canadian Child with father in USA - Child wants to move here

[Incognito2025 0]

Greetings....new here, hope I don't inadvertently violate any rules or norms. Here's the situation:

I am a US citizen. Husband is US legal resident for over 10yrs. (applying for citizenship somewhat soon).

Child is 12, was born in Canada, and currently lives with his mom in Canada. Child visits us 2-3x a year and spends most of the summer months.

All of us, parents, child, and I get along well. No official court custody agreement, because it wasn't needed. We just toss the kid back and forth 😆Just kidding..lol.

 

Child wanted to stay here after the end of this past summer, but we started talking about it too late (school was about to start in US), so I decided child should go back and we could work it out appropriately. I handled my spouses USCIS process, so I'm familiar with the overall process. I'm just wondering how it differs or if something else applies since it's Canada and involves a minor child. Some of what I've read says that he has to be in the US for us to file most of the "easier" processes. What's the best/easiest approach?

[Lemonslice 4,960]

57 minutes ago, Incognito2025 said:

Greetings....new here, hope I don't inadvertently violate any rules or norms. Here's the situation:

I am a US citizen. Husband is US legal resident for over 10yrs. (applying for citizenship somewhat soon).

Child is 12, was born in Canada, and currently lives with his mom in Canada. Child visits us 2-3x a year and spends most of the summer months.

All of us, parents, child, and I get along well. No official court custody agreement, because it wasn't needed. We just toss the kid back and forth 😆Just kidding..lol.

 

Child wanted to stay here after the end of this past summer, but we started talking about it too late (school was about to start in US), so I decided child should go back and we could work it out appropriately. I handled my spouses USCIS process, so I'm familiar with the overall process. I'm just wondering how it differs or if something else applies since it's Canada and involves a minor child. Some of what I've read says that he has to be in the US for us to file most of the "easier" processes. What's the best/easiest approach?

When is your husband planning to become a citizen?

[Dashinka 24,740]

Your husband should file an I130 for his son and pursue consular processing.  Initially it will be classified as an F2A, but when your husband naturalizes, it will be reclassified as an IR2.  Your husband will also have to work out details of the custody situation, I am not sure of that particular process.

 

Good Luck!

[nastra30 2,334]

6 hours ago, Incognito2025 said:

Greetings....new here, hope I don't inadvertently violate any rules or norms. Here's the situation:

I am a US citizen. Husband is US legal resident for over 10yrs. (applying for citizenship somewhat soon).

Child is 12, was born in Canada, and currently lives with his mom in Canada. Child visits us 2-3x a year and spends most of the summer months.

All of us, parents, child, and I get along well. No official court custody agreement, because it wasn't needed. We just toss the kid back and forth 😆Just kidding..lol.

 

Child wanted to stay here after the end of this past summer, but we started talking about it too late (school was about to start in US), so I decided child should go back and we could work it out appropriately. I handled my spouses USCIS process, so I'm familiar with the overall process. I'm just wondering how it differs or if something else applies since it's Canada and involves a minor child. Some of what I've read says that he has to be in the US for us to file most of the "easier" processes. What's the best/easiest approach?

Either you or your husband can file I-130 now or even both could if you wanted. Really depends how the two of you want to proceed. However you choose to proceed, get the ball rolling right now. Good luck.

Edited Thursday at 12:11 PM by nastra30

[appleblossom 2,977]

6 hours ago, Incognito2025 said:

Some of what I've read says that he has to be in the US for us to file most of the "easier" processes. What's the best/easiest approach?

Consular processing is now your only option anyway. 
 

It would be better for you to petition your stepson as then he’ll be an immediate relative so it will be much quicker. If your husband did now then as said above it would be a F2A category application which takes longer (until your husband gets citizenship, but I’m guessing that would be at least a year away). 
 

Best of luck. 
 

 

 

[Dashinka 24,740]

4 minutes ago, nastra30 said:

Either you or your husband can file I-130 now or even both could if you wanted. Really depends how the two of you want to proceed. However you choose to proceed, get the ball rolling right now. Good luck.

Good catch, yes, the step-mother (OP in this case) can file the I130, then they don't have to worry about converting from F2A to IR2.

[Incognito2025 0]

5 hours ago, Lemonslice said:

When is your husband planning to become a citizen?

Later this year.

[Incognito2025 0]

19 minutes ago, appleblossom said:

Consular processing is now your only option anyway. 
 

It would be better for you to petition your stepson as then he’ll be an immediate relative so it will be much quicker. If your husband did now then as said above it would be a F2A category application which takes longer (until your husband gets citizenship, but I’m guessing that would be at least a year away). 
 

Best of luck. 
 

 

 

Makes sense....the crummy part is that the Consular is in Montreal and the child lives in Toronto. It'll be a pain to get him there... 🫤

[appleblossom 2,977]

1 minute ago, Incognito2025 said:

Makes sense....the crummy part is that the Consular is in Montreal and the child lives in Toronto. It'll be a pain to get him there... 🫤

If he lived in Vancouver it would be far worse!  The train from Toronto to Montreal is pretty good. 

[Boiler 45,952]

There is only one process and it is easier and quicker of you file for the child, file that I 130.

 

Canada is not quick, 18 months or so. 

 

Personally I would look into the legal side of things and ensuring the Mother can not change her mind. That would be a Canadian Family Law issue.

[siamnet74 4]

12 hours ago, appleblossom said:

If he lived in Vancouver it would be far worse!  The train from Toronto to Montreal is pretty good. 

 

Since, I'm super old, there is a 80s movie with John Candy called "Planes, Trains and Automobile" and was our exact situation this past Monday.

We flew from Toronto to Montreal for our interview on Tuesday and took the train back and then car home to Cambridge, ON. The roundtrip flight per person was going to cost ~700 CAD per person. 

 

Yes, the train was super easy/economical. There was free WIFI so you're not as bored.

[siamnet74 4]

19 hours ago, Incognito2025 said:

Greetings....new here, hope I don't inadvertently violate any rules or norms. Here's the situation:

I am a US citizen. Husband is US legal resident for over 10yrs. (applying for citizenship somewhat soon).

Child is 12, was born in Canada, and currently lives with his mom in Canada. Child visits us 2-3x a year and spends most of the summer months.

All of us, parents, child, and I get along well. No official court custody agreement, because it wasn't needed. We just toss the kid back and forth 😆Just kidding..lol.

 

Child wanted to stay here after the end of this past summer, but we started talking about it too late (school was about to start in US), so I decided child should go back and we could work it out appropriately. I handled my spouses USCIS process, so I'm familiar with the overall process. I'm just wondering how it differs or if something else applies since it's Canada and involves a minor child. Some of what I've read says that he has to be in the US for us to file most of the "easier" processes. What's the best/easiest approach?

 

I can only speak to issue of custody since there is no seperation agreement in place. The consulate would need either a court order or signed permission from the custodial parent (mother in this case) because they need to establish which biological parent has sole custody/permission to immigrate.

 

For example, my Canadian wife (IR1) has sole custody of her 9 year old (IR2) but access right from the father and most folks on the forum stated that even if you have sole custody (either by court or seperation agreement), you "may" still need a signed permission from the non-custodial parent to immigrate.  We were probably lucky that the Interviewer in Montreal didn't ask for any of that (I uploaded the seperation agreement to CEAC prior to the interview but had it printed it out just in case).

 

I would think it would be easier to ask the mother to sign a permission (have it notarized) allowing her child to immigrate. If she says no then you'll have to go the court order route.

 

[Ontarkie 14,419]

1 hour ago, siamnet74 said:

 

I can only speak to issue of custody since there is no seperation agreement in place. The consulate would need either a court order or signed permission from the custodial parent (mother in this case) because they need to establish which biological parent has sole custody/permission to immigrate.

 

For example, my Canadian wife (IR1) has sole custody of her 9 year old (IR2) but access right from the father and most folks on the forum stated that even if you have sole custody (either by court or seperation agreement), you "may" still need a signed permission from the non-custodial parent to immigrate.  We were probably lucky that the Interviewer in Montreal didn't ask for any of that (I uploaded the seperation agreement to CEAC prior to the interview but had it printed it out just in case).

 

I would think it would be easier to ask the mother to sign a permission (have it notarized) allowing her child to immigrate. If she says no then you'll have to go the court order route.

 

I'm so happy to see that you didn't need it. Yay!!!

 

In this situation if they want to pass on US citizenship to the child after entry they will need something that states the father has custody of the child too.