Step-child moved to US from Canada, wants to return

[two-zees 0]

My step-daughter recently moved to the U.S. from Canada with her mother, who married a U.S. citizen shortly after their arrival in the United States in August.

I know little details about their specific status, but I assume the mother applied under a fiance visa.

They have not yet received their green cards. However, the child is miserable and wishes to return to Canada.

If she chooses not to wait until receiving her green card before moving back to Canada, what will the consequences be as far as her options to travel back to the U.S. to visit her mother?

[Gary and Alla 3,694]

My step-daughter recently moved to the U.S. from Canada with her mother, who married a U.S. citizen shortly after their arrival in the United States in August.

I know little details about their specific status, but I assume the mother applied under a fiance visa.

They have not yet received their green cards. However, the child is miserable and wishes to return to Canada.

If she chooses not to wait until receiving her green card before moving back to Canada, what will the consequences be as far as her options to travel back to the U.S. to visit her mother?

Canadians can travel freely without visas or even passport stamps, so she would always be able to visit her mother any time she wanted. She would only need to satisfy the border agents she intends to return. Usually some evidence of a home or apartment in canada or a job in Canada (recent check stub) would be all she needs to satisfy this, at most. I live 6 miles from canada. we travel freely back and forth as much as we want and the area here is full of Canadian day visitors. No problems.

She will not be able to get a job in the US or live here permanently without a green card.

[two-zees 0]

Canadians can travel freely without visas or even passport stamps, so she would always be able to visit her mother any time she wanted. She would only need to satisfy the border agents she intends to return. Usually some evidence of a home or apartment in canada or a job in Canada (recent check stub) would be all she needs to satisfy this, at most. I live 6 miles from canada. we travel freely back and forth as much as we want and the area here is full of Canadian day visitors. No problems.

Is this true even if she has applied for US citizenship but her green card has not gone through? We've been told that because her status is in limbo while waiting for the green card, not only does leaving the US veto her citizenship application, but she would also not be able to travel to the US for a minimum of 3 years, and she will never be allowed to apply for US citizenship again.

I have a feeling that the implications of her returning to canada are being exaggerated, as her mother wishes her to remain in the US

[Darnell 8,478]

Your step-daughter's mother married a USC? Pardon, who are you, in the process? I don't ask, to be rude, but simply cause I'm stumped.

The child should be able to transit back to Canada, once, without being stopped at the border. Hard to say about 'returning to USA' , though.

The child can have immediate USC status, IFF (If and Only IF ) the child qualifies as a step child of the USC, under a certain age, and then ONLY IF the USC files the proper paperwork with the proper set o documents.

I guess it's all convoluted, yes? How many step-parents are involved?

[Darnell 8,478]

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oh snap - that would mean, yer female, married to the step-daughter's biological FATHER.

Got it. My apologies for my confusion.

[two-zees 0]

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oh snap - that would mean, yer female, married to the step-daughter's biological FATHER.

Got it. My apologies for my confusion.

Yes I am the step-mother, married to child's biological father.

The child (15 years old) moved to the US with her mother in August, and her mother married her fiance (a US citizen) immediately upon arrival. They have not received their green cards yet, but I believe they have done their final interviews.

In the meantime, the child has desperately wanted to move back to Canada since September. But she does not want to jeopardize her chances of being able to visit her mother in the US, or move back to the US, at any time in the future. The mother is saying if the child leaves the US before receiving her green card she will not be able to travel back to the US for three years, and will never again be able to apply for US citizenship.

Given that she's a minor child with one parent in Canada and one parent in the US, I'm finding that really hard to believe. Mother is very manipulative, and neglected to inform us of the lengthy green card process and that chid wouldn't be able to travel back to Canada until receiving her green card. She signed a custody/access agreement that the child would spend Christmas in Canada, knowing full well that she likely wouldn't be able to travel. Mother knew that if father was aware of this lengthy process and that the child would be "stuck" in the US for this long, he would not have consented to mother taking child across the border

[Gary and Alla 3,694]

Is this true even if she has applied for US citizenship but her green card has not gone through? We've been told that because her status is in limbo while waiting for the green card, not only does leaving the US veto her citizenship application, but she would also not be able to travel to the US for a minimum of 3 years, and she will never be allowed to apply for US citizenship again.

I have a feeling that the implications of her returning to canada are being exaggerated, as her mother wishes her to remain in the US

You were told wrong. The K-1 is a single entry visa. It would have implications if she had a status to protect (applying for permanent residency) but since she intends to return to Canada permanently she does not need a green card. She would simply fall under the same rules that apply to all Canadian citizens. Anytime a Canadian has family members in the US there may be a higher risk of illegal immigration perceived by the border officers, this is why she should bring some evidence she will return, BUT there is no shoratge of Canadians with US relatives co I really do not thik this will be a difficult problem. Just be prepared, that is all.

her chances of being a citizen are the ame as they ever were. She will not be eligible for a K-2 visa again, but her family could apply for a CR-1, which may take a while, but she can visit in the meantime. No different than any other Canadian.

[Gary and Alla 3,694]

Yes I am the step-mother, married to child's biological father.

The child (15 years old) moved to the US with her mother in August, and her mother married her fiance (a US citizen) immediately upon arrival. They have not received their green cards yet, but I believe they have done their final interviews.

In the meantime, the child has desperately wanted to move back to Canada since September. But she does not want to jeopardize her chances of being able to visit her mother in the US, or move back to the US, at any time in the future. The mother is saying if the child leaves the US before receiving her green card she will not be able to travel back to the US for three years, and will never again be able to apply for US citizenship.

Given that she's a minor child with one parent in Canada and one parent in the US, I'm finding that really hard to believe. Mother is very manipulative, and neglected to inform us of the lengthy green card process and that chid wouldn't be able to travel back to Canada until receiving her green card. She signed a custody/access agreement that the child would spend Christmas in Canada, knowing full well that she likely wouldn't be able to travel. Mother knew that if father was aware of this lengthy process and that the child would be "stuck" in the US for this long, he would not have consented to mother taking child across the border

the child should decide where she wants to live, or the parents do this for her. She will have nlo trouble traveling back and forth regardless (for visits) Unless she applies for and receives her green card within one year of her mother's K-1 it would be difficult for her to get a green card in the future. If she chooses to live in Canada this is of no importance at all. ALL Canadians, unless they are criminals, are free to travel to the US for visits. Seriously, I live 6 miles from Canada. we consider Montreal our "home city" so to speak as it is the nearest city of any size to us. We go there for dinner, shopping, etc, just the way someone who lives in the suburbs goes to Chicago or New York or any other big city nearby. Passing the border normally takes 2-3 minutes, tops. It is a non-issue. There is absolutely no trouble for us to visit Canada and around here half the license are from Quebec, it just is not an issue at all for visiting.

[Darnell 8,478]

two-zees - this is a bit hard, so bear with me, ah? I'm not gonna address the family bits.

There are immigration things needing to unwind for the child, currently. I suggest that these things take their natural course, for now.

IF the daughter returns before a gc is issued, she will lose any future status (IMO ).

There's a timeclock on things, and once she leaves the USA, that timeclock stops.

All of the derivative status for a K-2, stops, if the child leaves before the Adjustment of Status is complete.

I suggest that the daughter not leave until either:

1. greencard in hand or

2. us citizenship approved.

You might want to ask for a copy of all of the paperwork that the USC filed for the child, to get a better idea of what has transpired, to date.

Edited January 7, 2010 by Darnell

[Darnell 8,478]

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what I wrote in post #9 is specific to the child having status in the USA. If 'status in the usa' as a PR or USC doesn't matter to her, then sure, she can return to Canada immediately.

I don't think she'll have any ban on her for subsequent TRIPS into the USA, even as she's abandoned any 'change of status' for USA PR or USC. I could be wrong on that one point, though... You'll probably want to do some other research, or perhaps the Canadien Krewe can check in about this...

Good Luck to you, however it turns out.

[Gary and Alla 3,694]

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what I wrote in post #9 is specific to the child having status in the USA. If 'status in the usa' as a PR or USC doesn't matter to her, then sure, she can return to Canada immediately.

I don't think she'll have any ban on her for subsequent TRIPS into the USA, even as she's abandoned any 'change of status' for USA PR or USC. I could be wrong on that one point, though... You'll probably want to do some other research, or perhaps the Canadien Krewe can check in about this...

Good Luck to you, however it turns out.

This is correct. I had some second thoughts also about my post, covered in Darnells earlier post.

IF the girl (and her parents agree) that status as a US permanent resident or future citizen is not important, then by all means she can leave and never have a problem to VISIT. I promise.

However, if her parents want to provide for her the opportunity to have a green card, work ability in the USA and a chance at future citizenship (dual citizenship) then why not? Our 18 year old has a green card bu spends 10 months per year in Russia as a Student. She could get a green card and still spend considerable time with her father in Canada, even go to school in Canada and when she is older have a dual citizenship and be able to live and work in both countries. I would be reluctant (actually I would NEVER allow) a 15 year old to make this decision, it should be made by the parents.

There are no terrible consequences of she doesn't stay, but it is something to consider as a long term decision and act accordingly. If her mother and step-father are proceeding with the AOS, then why not let it run it's course. Once she has her green card she can travel back and forth all she wants. I think a few months separation is a small price for a vary large opportunity for the girl. Just my opinion.

[Ontarkie 14,260]

The mother of the child probably did not lie to the father about her going home at Christmas, sometimes the green cards take longer then others to come in. Also who knows what she was told, its possible they were informed it would be in by then. There's ppl who have been told that.

As for the child remember she is just that a child. 15 is not old enough to see past the now and into the future. She is probably home sick and going through a very big adjustment with school and friends. If she where to move back to Canada with her father will she be back in the area she lived in. Will she be yet again going through the adjustments of a new school finding new friends etc. I would assume she would. And what happens when she realizes the wants to be with her mother again, and can't just cross over to live with her. As you did say she may want to in the future.

Its the whole process once again. Are you and her father willing to take her to her medical, get her a background check and then get her to her Interview in Montreal. All things to consider before she moves. Its not a cheap process.

As a mother of 4 who moved from Ontario to Arkansas I can say its not easy on anyone. We have been here about 1yr 8mo and still not fully adjusted.

I would encourage you to dig deeper with your step daughter to find out why she wants to move back. Talk to her mother and try not to think the worse of the women this is her daughter that she will be loosing. Make sure your stepdaughter is not just blowing things out of proportion. Remember the school year started about the same time she said she wanted to go home. Schools very different In the states then Canada lots to take in for a a teenage girl.

I think it is way too soon for her to be allowed to make a big decision like this and needs to be left up to the mother. Their green cards should be in soon if they had the interview already, then have her go for a visit.

[payxibka 10,045]

Is this true even if she has applied for US citizenship but her green card has not gone through?

How is it possible for the child to have applied for citizenship?... greencard does not equate citizenship but residency

moving out of the K-1 Fiance(e) visa forum as this is not a K-1 topic

Edited January 7, 2010 by payxibka