US Immigration from Canada

On 11/5/2021 at 8:23 PM, pushbrk said:

In order to get an immigrant visa for a step child, your wife would need to get written permission for the child to immigrate permanently to the US....OR....have a court order awarding her full custody. Time to talk to the child's father.

What about the following fact pattern?

My Canadian wife has sole/legal custody (via signed seperation agreement) of her 9 year old (my step child). The biological father only has visitation rights. Hence, we're moving across the border so that the visitation right is not interrupted.

She and my 9 year old has an interview next month in Montreal (IR-1 and IR-2). We plan on bringing the seperation agreement. However, in general, we're not sure if we'll get rejected from immigrating since we don't know if we need his permission or not. The ultimate decision/legal (per seperation agreement) resides with my wife though not with the biological father.

Hello all, hopefully this is the right thread, apologies if it s not.

So my wife and I are Canadians living in the US. I am working under a P1 visa, and she is working under a TN visa. My P1 visa expires at the end of the year and my contract was not renewed/I was not able to find another contract to extend my P1. As such, I need to change my status as my Admit until Date on my I-94 is about to come up. For now, I want to fall under my wife s TN visa (I think it would be a TD visa) to continue living here until I can find another contract/different job and then apply for a work visa at that point.

So my plan was to drive to the border and flagpole around to change my status. Is this an option? Or is my only choice to file a I-539 from within the country and pay the (approx) $450? If flag-poling is an option, would I need anything else besides

• Proof of
  Canadian citizenship;
• Proof of
  relationship to the TN
  nonimmigrant, such as a marriage certificate or birth certificate;
• Photocopies of the TN
  nonimmigrant's admission documents; and
• Proof the TN
  nonimmigrant is maintaining his or her TNnonimmigrant status.
  

Lastly, the part that confuses me is as a Canadian, I see I don t need a TD, so this is something I need to actually do? I think I do just to change status but technically I wouldn t need a TD? Not sure if that makes sense

I appreciate any advice or input on this as I feel it is a unique circumstance. TYIA

In this specific section about "youth criminal charges", states that is one possible reason for denial but approve after an appeal. I'm just wondering specifics of that fact pattern for anyone to share with me.

My Canadian wife has a "youth criminal charge" when she was 18, she is now 45. It was a "shop lifting" charge (never went to trial since it was eventually dropped). That is the only blemish on her RCMP record. Any ideas if this is going to be a problem (i.e., rejection right away) where I need to file an appeal?

She has an interview in Montreal next month. I tried to get a more detail police record from the town she grew up and they told me there's no other information since the charges were dropped.

Hi, My son sponsored myself and my wife (his birth mom) for the family member visa. He was born in the US and has lived there since 2012. We each received our i-130 approval letters, filled out the required information on the US Dept. of State Consular Electronic Application Center website (https://ceac.state.gov/IV/Login.aspx) then submitted that, followed by submission of i-864 from our son for both of us. The only correspondence I have received back since submitting the i-864 is for myself. I have made multiple inquiries about the status of my wife's application but no reply.

Is her application now bundled with mine because she is referred to in my copy of the i-864 as the Intending Immigrant #2? I was sent a request to be fingerprinted and submitted that, yet she was not asked. Is this normal? Or has her application been misplaced?

Why I am concerned is that I received my notice of appointment at the Montreal consulate and want to make sure that her interview will also occur at the same time. We live in a suburb of Vancouver and don't want to have to travel to Montreal twice.

Thanks in advance.

Hi everyone,

I am currently getting closer to the expiration of my 2-year marriage-based GC (hubby is a U.S. citizen) and will be filing I751.

Meanwhile, I wonder if I'd be eligible for directly filing citizenship in conjunction with i-751.

Here's my timeline:

• Entered the U.S in November 2021 on a K-1 Fianc visa
• Got married in January 2022
• Received my 2-year GC in March 2023

I read through the USCIS website. For marriage-based Citizenship, one of the conditions says:

• Be a lawfully admitted permanent resident of the United States for at least three years immediately before the date you file Form N-400;

Does a "lawfully admitted permanent resident" start from the date indicated on my GC? or starts when I entered the country? The term is not clear to me and would make a big difference as If the case is the latter, I would be eligible for citizenship (November 21 - November 24). Has anyone experienced the same?

Thank you for your help.