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siamnet74

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Everything posted by siamnet74

  1. siamnet74
    Fingers crossed, I've given the father notice to discuss consent/permission to the move. He stated that he will "discuss" it with us when he comes to pick up the child this Friday (his weekend). I guess it's not an outright NO. However, I'm sure there will be some sort of demands as part of that discussion. Either way, I'm prepared to shell out for a family lawyer to obtain a court order/consent decree. The father rarely follows the seperation agreement anyways. There were requirements for him to keep a life insurance policy, when to pay child support and how much child support to pay. Per the agreeemnt that he signed, he was supposed to show us his tax return each year but he never does and threatens to quit his job and work under the table when we ask for it. Thus, the child support payment has been "stuck" at whatever amount per his salary from 2019. He's never been easy to deal with and doesn't think the law applies to him.
  2. siamnet74
    It is an "at-will" contract. They can fire/lay me off anytime. And yes, I'm paid in USD, have W2, etc. I can leave the company any time but I cannot due to my family obligation with my Canadian wife and kid. My kid doesn't want me to "work" anywhere else since she wants me "home" every day. Hence, I'm "stuck" working for my current company so that I can spend quality/valuable time with my kid. Eventually, once she is 12+ years old, she won't care much about me if I'm home or not then I'll go find a new job/city.
  3. siamnet74
    I'm back and forth since it's a remote job. When there are physical meetings, I attend those in person in the US. Otherwise, my company classifies me as a full time remote worker.
  4. siamnet74
    Thank you, I will readup on the Hague convention. I (petitioner) work for a US company.
  5. siamnet74
    That is correct. Ideally, if granted permission to immigrate then we'll immediately move to Buffalo and wait out till the child turns 12 (for her to choose which parent she wants to live with on a full time basis) before we move further down South or Southwest. I cannot search or find a new job until we move to Buffalo or all of us live together in the US. I've put my career on hold (e.g., still toiling at the same company and not looking at other places) since 2021 due to the fact that I work from home and I spend most of my time taking care of the kid, house, etc. (my wife works 2 jobs just to get by in Canada). This wouldn't be a problem where my wife doesn't have to work at all if i am "allowed" to find a new job (i.e., once we live in the same household in the US).
  6. siamnet74
    Well, I guess we're going to wait this out after the interview. If denied immigration due to that sole reason (needing court permission for the child to immigrate) then we will initiate a court proceeding immediately. We don't want to wait for her to turn 18, we'd rather have this resolve before she starts high school in the US.
  7. siamnet74
    I spoke with a Family lawyer friend who stated that Canadian court looks at the maturity level of a child but 12 seems to be a "target" number. Some kids may be emotional mature before 12 or some may not be at the age of 12. I'm still trying to figure out how mature my kid is in the eyes of the court. The mental therapist of the kid told me the same thing as the family lawyer friend about the age can be younger than 12...depends on emotional maturity level of the child. She doesn't want to live with her dad since he's not very nice. She sometimes doesn't want to visit but feels bad because he uses guilt trip a lot on her.
  8. siamnet74
    That's good news. We await our interview next month before we can start making plans but good to know about no duty on a car not made in US/Mexico !!!
  9. siamnet74
    Hmmm...I would have thought NVC/USCIS would have asked for a letter of consent already. He is definitely not giving consent but he is aware of that we applied for a green card for the child since I told him that it would give the child a better opportunity for college, etc. etc. He wasn't against that idea of the child moving but wanted to wait until the child was 18. The child can decide for herself around the age of 12, she is currently 9 years old. The father barely and under pays child support and seems to spend his money on trips and toys instead the child. Child services has been involved twice (school initiated it since the kid complained about it at school) but they couldn't proof the physical abuse since it wasn't frequent. My kid has ADHD, emotional regulation and other behavioral issues that I pay out of pocket for a mental health therapist to come see my kid 2-3x a month. The father doesn't seem to care about that at all and would rather focus on doing fun stuff with her instead of being a real parent.
  10. siamnet74
    This circumstance, vistitation rights will not be impacted at all. Currently, my wife lives 2 hours from the biological father (he chose to move away after seperation). We're only moving to my house in Buffalo which is only 2.5 (extra 30 mins) away from the biological father's house. Thus, we plan crossing back and forth to bring the child to see him during this normal weekends. His visitation will not be impacted. The family lawyer that drafted her seperation agreement is on vacation until Jan 6th. Thus, I plan on contacting that same lawyer for advice on the agreement (not sure if she practices immigration law but at least she can help with modification to the seperation agreement or start a court proceeding that will allow my stepchild immigrate).
  11. siamnet74
    Thank you and I'm contacting the attorney that drafted and executed my wife's seperation agreement just to make sure. The attorney told me to contact her again back on Jan 6th since she's on vacation. Our interview is Jan 29. The language in the agreement specified 3 circumstances and I just want to make sure that my wife's sole custody extends to all circumstances and not just to those explicitely mentioned: The way it's written (I'm not a family law expert), it seems to only give my wife ONLY full decision/legal custody only to 1) health, 2)religion and 3) health. THe child resides with my wife and father just has visitation rights (with specific holiday schedules). Hence, I'm a bit leery but I don't know if the Officer at the interview is going to understand the nuance/condition or just read it as full general legal custody for my wife. Thank you for your answer.
  12. siamnet74
    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.
  13. siamnet74
    Regarding the Trump tariff commment, does it matter if the car was made whollymade in the US but was sold/purchased in Canada? I recall people stating that cars made in US/Mexico wouldn't be subject to duty fee (when importing). I guess, "Would Trump's tariff threat still apply on cars that were NOT made/assembled in Canada"? I don't know if duty fee is the same as tariff? My car was made in California and sold in Canada. However, my wife's car (2021 Tesla Model 3) was probably made in China, which I suspect would be subject to some (2.5%) duty fee when we import it. Our interview is Jan 29 2025 and Trump will be in Office already and not sure how long until we're approved after the interview. Or is this tariff "threat" not relevant to importing used cars?
  14. siamnet74
    Did you receive an email or a physical letter for an interview? We received an email..just curious if that's good enough to print out to bring.
  15. siamnet74
    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.
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