US Born Citizen living in Canada wanting to return to US with non-citizen family

[macnine13 0]

Okay I have a bunch of questions so I'll start with my situation and then organize my questions:

I was born in the US in 1976 and lived there until 2004 when I immigrated to Canada because I married a Canadian. I have been here for 12 years and we now have four children (10, 7, 5, 3). We are wanting to move back to Pennsylvania where I am from but the more I look into this process the more laborious and expensive it is getting. I'm hoping there is a simpler way to do this without having to live for months apart while I settle in the states and then bring the rest of my family, as well as reduce costs as much as possible.

I understand the I-130 process with the USCIS and then following the process with the NVC and local consulate. Is there another way? This is going to likely cost us close to $10,000 (with half of that just having to pay for airfare to Montreal for an interview)

Some of my questions are (and please answer whichever ones you feel comfortable answering:

1. From what i can tell Montreal is the only Canadian consulate that does immigration interviews. Is this true? I know it is for K visas but what about immigration visas? Seems really expensive to have to fly my wife and four children to Montreal when they could be interviewed in Vancouver. I will phone Vancouver on Monday.

2. Should I apply for citizenship for my children first while abroad? Or do they need to be permanent residents first? They are all 10 and under and would meet the requirements for obtaining a certificate of citizenship.

3. Can we travel to the US as visitors knowing we want to immigrate so we can go after i find a job and then do the whole process from there? From what i can tell is if you know you are immigrating then you can't just go on a visitor visa. But what if we want to do a "trial" and aren't sure if we are immigrating for sure? If we went on a visitor visa would that work against us later when we apply for AOS?

Any suggestions or information you have would be greatly appreciated.

Thanks.

[p-ana 933]

1) check the embassy's website https://ca.usembassy.gov/visas/family-immigration/ they say immigrant visas are processed in Montreal

2) better to apply for their citizenship before.

3) the non us citizens can certainly visit, but not with the intention to stay and adjust. Do the right thing and don't try to twist the meaning and words to your personal agenda. It is fraud to come to the USA without a immigrant visa and with the intent to stay and adjust

Go file the i130 for your wife and get your children us citizenship. start planning and researching.

Good luck

[macnine13 0]

The other complicating factor is timing all of this and it seems as though I need to be in the states after the petition process and before the NVC process. Therefore I can only do this process by going ahead of my family? I realize there are K visas to allow them to come but then i'm just spending more money on those plus more on the i 485 AOS.

[aaron2020 11,651]

Hi,

Your children are US citizens. You will need to file CRBAs for them and get them US passports.

Your wife is the only one that needs an immigration visa.

Canadians do not need visitor visas. They can travel visa free to the US for 6 months.

It's illegal to enter the US on a nonimmigrant visitor basis with the intent to immigrate.

Best of luck.

[macnine13 0]

Not trying to twist any words, just looking for alternatives and to make sure I am clear on the process. I have done a ton of research and reading and it's not always clear. I was also told by a USCIS person on the phone that I would apply for citizenship for my kids after I arrived in the US.

[macnine13 0]

aaron2020 Do I apply for the CRBAs and passports at the embassy or through USCIS? Thanks for your help!

[aaron2020 11,651]

The other complicating factor is timing all of this and it seems as though I need to be in the states after the petition process and before the NVC process. Therefore I can only do this process by going ahead of my family? I realize there are K visas to allow them to come but then i'm just spending more money on those plus more on the i 485 AOS.

You can move with your wife gets an immigration visa and you have secured US passports for your kids.

For your wife, you will need to have a US income of $40,000 to bring your wife to the US (household of 6). If your income is short, you will need a Joint Sponsor who can sponsor your wife.

Have you been filing US tax returns? As a USC, you are required to file a US tax return on your worldwide income even if nothing is earned in the US. With the Foreign Earned Income Exemption of $90,000+, you are unlikely to owe anything but you are required to file. You will need 3 years of tax returns to file for your wife.

aaron2020 Do I apply for the CRBAs and passports at the embassy or through USCIS? Thanks for your help!

You file in Canada. Google "Canada CRBA."

Not trying to twist any words, just looking for alternatives and to make sure I am clear on the process. I have done a ton of research and reading and it's not always clear. I was also told by a USCIS person on the phone that I would apply for citizenship for my kids after I arrived in the US.

No. Stop calling the MisInformation Line.

[macnine13 0]

I have filed since being here but I need to get caught up and file for the past three years. I have filed in Canada obviously so i have the information I just need to report it on the worldwide income for the past three years.

The misinformation line? The USCIS doesn't have correct information?

[macnine13 0]

I can't get a visa for my wife without proving I have US income so I still need to move before she and the kids do.

[aaron2020 11,651]

I have filed since being here but I need to get caught up and file for the past three years. I have filed in Canada obviously so i have the information I just need to report it on the worldwide income for the past three years.

The misinformation line? The USCIS doesn't have correct information?

You can not rely on the information from the USCIS Information Line. That's the US Government's position. If you get the wrong information, it's on you if you fail to check out their information and it's wrong.

Hang out here and you'll see how often people report getting wrong information from USCIS.

The US requires US citizens to enter the US as US citizens. Your kids are US citizens. They can not enter the US on any other nationality. They must enter as US citizens. You need to file for their CRBAs. Don't create a headache for yourself by letting them enter as Canadians.

I can't get a visa for my wife without proving I have US income so I still need to move before she and the kids do.

You can have a Joint Sponsor who meets the requirements if you don't. Do you have any friends or relatives in the US who can sponsor your wife?

[macnine13 0]

Yes, I have family who can joint sponsor. Thanks for the info.

I noticed this on the Canadian embassy site. Maybe I only need to apply for a passport:

(Note: It is not necessary to obtain a CRBA. If it is more convenient, you may apply for a passport in lieu of a CRBA. In Canada, please consult the Apply for a Passport section of this website. In the United States, you may apply at any passport acceptance agency. Consult the State Department website to find the passport acceptance agency closest to you.)

[aaron2020 11,651]

Yes, I have family who can joint sponsor. Thanks for the info.

I noticed this on the Canadian embassy site. Maybe I only need to apply for a passport:

(Note: It is not necessary to obtain a CRBA. If it is more convenient, you may apply for a passport in lieu of a CRBA. In Canada, please consult the Apply for a Passport section of this website. In the United States, you may apply at any passport acceptance agency. Consult the State Department website to find the passport acceptance agency closest to you.)

Read through and you will see that your kids will need proof of US citizenship to apply for a US passport. You will need the CRBAs. Without the CRBAs, you have no proof that your kids are US citizens.

[NikLR 13,220]

Okay I have a bunch of questions so I'll start with my situation and then organize my questions:

I was born in the US in 1976 and lived there until 2004 when I immigrated to Canada because I married a Canadian. I have been here for 12 years and we now have four children (10, 7, 5, 3). We are wanting to move back to Pennsylvania where I am from but the more I look into this process the more laborious and expensive it is getting. I'm hoping there is a simpler way to do this without having to live for months apart while I settle in the states and then bring the rest of my family, as well as reduce costs as much as possible.

I understand the I-130 process with the USCIS and then following the process with the NVC and local consulate. Is there another way? This is going to likely cost us close to $10,000 (with half of that just having to pay for airfare to Montreal for an interview)

Some of my questions are (and please answer whichever ones you feel comfortable answering:

1. From what i can tell Montreal is the only Canadian consulate that does immigration interviews. Is this true? I know it is for K visas but what about immigration visas? Seems really expensive to have to fly my wife and four children to Montreal when they could be interviewed in Vancouver. I will phone Vancouver on Monday.

2. Should I apply for citizenship for my children first while abroad? Or do they need to be permanent residents first? They are all 10 and under and would meet the requirements for obtaining a certificate of citizenship.

3. Can we travel to the US as visitors knowing we want to immigrate so we can go after i find a job and then do the whole process from there? From what i can tell is if you know you are immigrating then you can't just go on a visitor visa. But what if we want to do a "trial" and aren't sure if we are immigrating for sure? If we went on a visitor visa would that work against us later when we apply for AOS?

Any suggestions or information you have would be greatly appreciated.

Thanks.

1) yes Montreal is the only consulate for K or immigrant visas.

2) You meet the requirements so you should DEFINITELY file a CRBA for all of your children. https://ca.usembassy.gov/u-s-citizen-services/birth/ After that is granted you would get them US passports. In fact because they're eligible for the CRBA, the I-130 for them would be denied and a complete waste of time and money. There is zero need to get a certificate of citizenship, just get the passports.

Since the children would not need to interview this would mean you could stay with the kids and your wife could solo fly to Montreal for an overnight stay to get the interview done. She can get her medical done in Surrey.

3) no. This is illegal and is immigration fraud. The CBP would deny your family entry.

Do you have someone that could joint sponsor your wife so you don't necessarily have to leave your family too far ahead of time? You will still need savings or a job anyhow to support your large family. Your household count would be 6 so according to the I-864p you need a continuing income of $40,725 or assets of $122,175. (you can't use a primary house or car.) If you had a joint sponsor who was single or married without children, their income level would be significantly lower.

Edited July 16, 2016 by NLR

[macnine13 0]

APPLICANTS BORN OUTSIDE THE UNITED STATES: Submit a previous U.S. passport, Certificate of Naturalization, Certificate of Citizenship, Report of Birth Abroad, or evidence described below:

• - If you claim citizenship through naturalization of parent(s): Submit the Certificate(s) of Naturalization of your parent(s), your foreign birth certificate (and official translation if the document is not in English), proof of your admission to the United States for permanent residence, and your parents' marriage/certificate and/or evidence that you were in the

  legal and physical custody of your U.S. citizen parent, if applicable.

• - If you claim citizenship through birth abroad to at least one U.S. citizen parent: Submit a Consular Report of Birth (Form FS-240), Certification of Birth (Form DS-1350 or

  FS-545), or your foreign birth certificate (and official translation if the document is not in English), proof of U.S. citizenship of your parent, your parents' marriage certificate, and

  an affidavit showing all of your U.S. citizen parents' periods and places of residence/physical presence in the United States and abroad before your birth.

• - If you claim citizenship through adoption by a U.S. citizen parent(s): Submit evidence of your permanent residence status, full and final adoption, and your U.S. citizen

  parent(s) evidence of legal and physical custody. (NOTE: Acquisition of U.S. citizenship for persons born abroad and adopted only applies if the applicant was born on or after 02/28/1983.)

Looks like it can be a part of the passport application process. This is from the passport application. I just have to submit information that proves my residency in the stats from 1976 to 2004.

[macnine13 0]

Thanks NLR. Do you think I could get started applying the petition for my wife now while I simultaneously take care of my kids citizenship or will i probably need to do that afterward I get their passports so we can identify on her petition that they are US citizens?