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CanuckStuck

Marital Breakdown - no longer going to Sponsor me.. Can't see my kids!!

By CanuckStuck in General Immigration-Related Discussion

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CanuckStuck Rookie

CanuckStuck   0

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Filed: Other Country: Canada
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Posted

Stuck in Canada - tried to enter USA prior to getting my correct docs (yeah, stupid, I know) - my wife and kids are USA citizens (kids Canadian by Birth), have been apart from them for two years due to spouse unable to get work.

NOW, she has a job, was sponsoring me, but life happened and no longer wants me down there!!

No cutody agreement, nothing, we are technically separtated,.. I can not see my kids!! How do I get into the USA?

Do I have no rights to access my kids?

I Assume I have to forgo my Green Card/Marriage Visa we were going for.

Thoughts?

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Ontarkie
Ontarkie

Doing CRBA and their passports is not giving her permission to move permanently. Although after all this time I'm sure her lawyer can say you basically did but this is for a lawyer to fight for you.

Ontarkie
Ontarkie

Where were they born? If they were born in the US she never moved them, if in Canada then did you give consent to take the kids across the border to live? If your marriage is over then get a lawyer a

Boiler
Boiler

He did do it. First he complains about kidnapping and Hague Convention. Then it turns out they moved to the US, without the appropriate paper work, he made a trip back to Canada and when seeking re

Boiler Grand Master

Boiler   43,381

Posted
Filed: K-1 Visa Country: Wales
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Posted (edited)

To visit them?

You make it sound like you were bounced by Immigration previously.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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CanuckStuck Rookie

CanuckStuck   0

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Filed: Other Country: Canada
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Yes, as mentioned, Family was living in the States and I was stopped at border for trying to immigrate unlawfully. That was 2.5 years ago. Need a VISA (Which one now!!) to get across border and not just passport no?

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Ontarkie Grand Master

Ontarkie   13,897

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Filed: Citizen (apr) Country: Canada
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Yes, as mentioned, Family was living in the States and I was stopped at border for trying to immigrate unlawfully. That was 2.5 years ago. Need a VISA (Which one now!!) to get across border and not just passport no?

Many Canadians are turned around at the border and then they are still able to cross. Did something more happen?

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Engaged 9-15-2006
K-1 & 4 K-2'S
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Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
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Roc X5
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Citizenship
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Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

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NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Marco&Bettina Proficient

Marco&Bettina   502

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Filed: Lift. Cond. (apr) Country: Germany
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Yes, as mentioned, Family was living in the States and I was stopped at border for trying to immigrate unlawfully. That was 2.5 years ago. Need a VISA (Which one now!!) to get across border and not just passport no?

Ouch. Unlawful immigration attempts have very long repercussions.

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Boiler Grand Master

Boiler   43,381

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Filed: K-1 Visa Country: Wales
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Devil in the detail.

Children can presumably visit you.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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kzielu Experienced

kzielu   1,144

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Filed: Citizen (apr) Country: Poland
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A: The whole being stopped at the border is no longer an issue. I need a Visa -- which one?

B. Yes the kids can visit but they are not permitted to.

If you are asking whether you can "demand" or are "entitled to" visa having USC kids that are not allowed to visit you, answer is no. Visa you can apply for is B2 (among others - work ones come to mind), but unlikely to get it.

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CanuckStuck Rookie

CanuckStuck   0

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Filed: Other Country: Canada
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Posted

They are Canadian Citizens, we are not divorced, no custody agreement. She has basically kidnapped them. The Hague Convention does not allow her to do this.

I should be able to get a TN Visa I believe.

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JohnR! Grand Master

JohnR!   5,495

Posted
Filed: Country: Monaco
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You can apply for a visitor visa - B2 - but the problem still remains that you may be denied entry into the US at the border, even with a visa. Off topic: Consider getting a lawyer who can help you with the custody issue or even visitation rights, since your kids are Canadian by birth.

Good luck!

A: The whole being stopped at the border is no longer an issue. I need a Visa -- which one?

B. Yes the kids can visit but they are not permitted to.

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Ontarkie Grand Master

Ontarkie   13,897

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Filed: Citizen (apr) Country: Canada
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Posted (edited)

They are Canadian Citizens, we are not divorced, no custody agreement. She has basically kidnapped them. The Hague Convention does not allow her to do this.

I should be able to get a TN Visa I believe.

Where were they born? If they were born in the US she never moved them, if in Canada then did you give consent to take the kids across the border to live?

If your marriage is over then get a lawyer and fight for visitation or custody.

If you really believe she kidnapped them you need a lawyer and now!

Edited by Ontarkie
Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Boiler Grand Master

Boiler   43,381

Posted
Filed: K-1 Visa Country: Wales
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Posted

Seems they were all moving but he never made it.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Ontarkie Grand Master

Ontarkie   13,897

Posted
Filed: Citizen (apr) Country: Canada
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Posted

~~Moved to General Immigration Related Discussion, from Bringing Family Members of US Citizens to America - As this topic has many things going on and doesn't fit in just one spot.~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Ontarkie Grand Master

Ontarkie   13,897

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Seems they were all moving but he never made it.

That's what it looks like, so he would of had to give permission for her to take the kids.

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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