Hi to everyone

I need some advice on what I can do and I really can't find the answers anywhere. The situation is that one of us is Canadian and the other is American. We are planning on getting married in the next few weeks in the US and we have a child together who was born in Canada, we were planning on filing a K3 VIsa. Is there any adivce or route that anyone can tell us on how to do this properly or if it's the right way to go? thanks

Hi,

We share an avatar, I see:-).

Actually, the best first step is to read the guides posted at the top of this particular forum thread, then visit the www.uscis.gov website and read up on the various topics listed there. All of the forms you need are also available on that site. Once you have read the guides on this forum you will be in a better position to understand what you want to accomplish and how to do it. Then, you can ask specific questions or just keep reading this forum and perhaps find your answers in someone else's post. There are lots of Canadian/American couples here and I know they are more than willing to help you with specific inquiries. Good luck.

No need to file for a K4 since the child has one parent that is an American, the child can claim American citizenship and move to the USA as such.

Read: http://www.uscis.gov/graphics/services/fac...t/howdoi/A4.pdf

As for process of K3 look here:

http://www.visajourney.com/forums/index.ph...mp;page=k3guide
http://www.visajourney.com/faq/k1faq.htm

Polychrome

In addition to YuAndDan post. Was the childs birth reported/registered at the consulate? You can read more HERE

YuAndDan Thanks for the links!

Aussiewnech, the baby hasn't been registered yet but it will be done in the next week.

I should've asked my question clearer, is there a way to apply so that none of us have to be seperated and have it done in a legal way?

thanks again!!

where are you all currently living? In Canada I assume? Is the US half of the equation a legal resident of Canada, or just a visitor? If the US half is a legal permanent resident of Canda, you can do a Direct Consular Filing (DCF). Which is basically applying directly at the US consulate for an immigrant visa.

If the US half is *not* a legal permanent resident of Canada, then you will have to do the K3/CR1 route, and that'll take some time.

I'm american and he's canadian. When we flew back we just told them that we were coming to introduce the baby to family and get the baby's status.

We plan on getting married soon. I just wanted to know if there was a way that when we file that we can avoid being seperated since there is our baby in this too. I'm just wondering if getting an immigration lawyer is the way to go.

If you are all in the U.S., and you didn't come in fraudulently (i.e. with the intent to trick them and stay), you should be able to adjust status once you are married. The main thing I am unclear on is after you apply for a Green Card, if it doesn't arrive before you have stayed more than 6 months, what the consequences are. Anyway, good luck.