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Joe Malleck

Moving to US from Canada - wife 2 kids are Canadian

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Filed: Timeline

Hi,

Been browsing this forum for a while now and I've got some good info, but I thought I would ask about my specific situation and see if anyone could be of help.

Here's my situation, it's not too complicated (I don't think ):

I am a us Citizen and I married a Canadian in Canada and I became a permanent resident. We've had two children up here. We are looking at moving down to the States in the near future. Just wondering what the process is to bring my family down with me?

I know this is probably pretty basic, but I haven't found anything straight forward enough.

Thanks!

Joe

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

Hi,

Been browsing this forum for a while now and I've got some good info, but I thought I would ask about my specific situation and see if anyone could be of help.

Here's my situation, it's not too complicated (I don't think ):

I am a us Citizen and I married a Canadian in Canada and I became a permanent resident. We've had two children up here. We are looking at moving down to the States in the near future. Just wondering what the process is to bring my family down with me?

I know this is probably pretty basic, but I haven't found anything straight forward enough.

Thanks!

Joe

Well you would have to fill out an I-130 for your wife and kids separately and thats how the process will begin! But you will need a US domicile... since you´re living in Canada right now and you are a perm. res. there that you can fill the I-130 DCF which means you fill directly to the consulate...I don´t know if the process in Canada is different from Mexico´s but here´s my input :) hope it helped! Canada folks pitch in!!

Edited by vanessa.diaz

Sent I-130---------6/6/11

NOA1---------------6/10/11

Touched------------6/15/11

Touched------------8/9/11

NOA2---------------10/14/11 :) yeeeaaahh no RFE´s

Interview----------02/10/12 ***** :) a piece of cake!!

Got Visa in hand---02/13/12 in Morelia,Mich.

uZFTm5.png

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ROC 2009
Naturalization 2010

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Filed: Timeline

Ok, well it will be later than Aug 15, so what do we do then? Get I130's for everyone and go through the Chicago Lock Box? How long does that take?

Thanks!

Joe

Hi there. I am going to move your thread from the Bringing Family Members forum over to the DCF forum. You'll find plenty of info there. You can also check out the Canada Forum. Lots of great help and Can/Am couples there too. Welcome to VJ. :)

Can I use my parents residence as my 'domicile'? They are in WA State.

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Filed: AOS (apr) Country: Canada
Timeline

You also might want to look at the Affidavit of support too. You will have to have a home and income to bring your family back into the USA.

~~~ Hes the chance Im taking ~~~

April 2007 - Met online

Oct. 2008 - He came to Canada to meet me

Dec 25 2009 officially engaged

March 2010 - sent off I-129F

March 27 2010 - Vermont receives package :)

April 3 2010 - Informed through mail that cheque is cashed NOA1

May 28 2010 - RFE notification ( yeah Im online checking alot >.< )

June 5 2010 - RFE hardcopy received

June 18 2010 - RFE returned ( had done it June 7 - but USPS returned grrrr )

--- case says we should hear from them in 60 days from June 18 ---

June 23 - Touched

Aug4 - Email notification of NoA2 :)

Aug. 10 - NOA2 Hardcopy received

Sept. 13 - Faxed off Package 3

Sept 14 - Interview notification set for Oct. 5

Oct. 5 2010 Interview Passed

March 17 2011 POE Canadian/US border

April 1 2011 Marriage

Mailed AOS June 1

Chicago Lockbox confirms delivery June 3

Check cashed through bank - notification June 9

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Filed: Timeline

You also might want to look at the Affidavit of support too. You will have to have a home and income to bring your family back into the USA.

I am self employed and plan on doing business down in the states. I can keep all of my Canadian clients. Do I need to get a 'real' job in order to bring my family down? Could my Father be the one to give me the Affidavit of support?

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Your children may be eligible for US Citizenship. You would need to file Consular Report of Birth Abroad and get them their passports - they won't be eligible for visas. There is some restrictions on their eligibility for Citizenship, depending how long you lived in the US, but if you were born in the US and lived here 5 years after you were 14 then they are US CItizens already - you just have to do some paperwork. Good luck.

Edit: Yes your father can be a co-sponsor.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: Timeline

Your children may be eligible for US Citizenship. You would need to file Consular Report of Birth Abroad and get them their passports - they won't be eligible for visas. There is some restrictions on their eligibility for Citizenship, depending how long you lived in the US, but if you were born in the US and lived here 5 years after you were 14 then they are US CItizens already - you just have to do some paperwork. Good luck.

Edit: Yes your father can be a co-sponsor.

Hi thanks! I've been wondering about that. I was born in the states and came up to Canada when I was 25. Thanks for the tip!

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Filed: Country: Canada
Timeline

I agree, it would be a lot easier for you to register your children's birth abroad and get them citizenship then you just have to file for your wife. MY husband the USC and I filed the Report of Birth Abroad last August and had her citizenship and passport before Christmas. We are in the process of moving to the states, my husband actually left yesterday to re-establish domicile, and we did direct consular filing at the US Embassy in Toronto. I am unsure about the new procedures but you should go ahead and file before the August 15th deadline, you will have lots of time to get the rest of the documents required before your actual interview.

I suggest (in order to get in before the change) that you file and I-130 petition for your wife and each of your kids seperately ASAP. All you need to submit it and get the ball rolling is:

* I-130 petition form for each intending immigrant, regardless of age

* G-325A form, including one for the petitioner, and one for the beneficiary (if filing for a spouse);

* 1 passport style photo for petitioner and beneficiary

* Valid U.S. passport and/or original civil birth certificate of petitioner;

* Documents to show legal status in Canada for petitioner and beneficiary; (this would be your PR card and her birth certificate)

* Marriage certificate (if applicable);

* Petitioner's birth certificate (long form certificate showing parents names) if you are filing for a child or a parent;

* Beneficiary's complete long form birth certificate showing parents names.

* Divorce/Death certificate (if applicable);

* Email contact for petitioner and beneficiary;

* $420.00 USD filing fee (cash, visa credit card or money order paid to U.S. Treasury)

Good luck~!

Hi thanks! I've been wondering about that. I was born in the states and came up to Canada when I was 25. Thanks for the tip!

March 1999 - Met online

July 5th, 2001 - Met in person

December 19, 2003 - Got engaged

September 26, 2004 - Got married in Canada and husband (USC) becomes a PR

July 5, 2007 - Our daughter Samantha is born

April 5th, 2011 - I-130 Submitted to Toronto Consulate

April 29th, 2011 - Interview at Toronto Consulate

June 8th, 2011 - Packet 3 received via email

June 9th, 2011 - Packet 3 returned via Expresspost overnight

June 13th, 2011 - Packet 3 received by Consulate

June 16th, 2011 - Packet 3 Logged

June 16th, 2011 - Packet 4 Dated

June 22nd, 2011 - Packet 4 Logged

September 12, 2011 - Medical in Toronto

September 29, 2011 - Interview - APPROVED!

? - Visa Received

? - POE

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Filed: Timeline

I agree, it would be a lot easier for you to register your children's birth abroad and get them citizenship then you just have to file for your wife. MY husband the USC and I filed the Report of Birth Abroad last August and had her citizenship and passport before Christmas. We are in the process of moving to the states, my husband actually left yesterday to re-establish domicile, and we did direct consular filing at the US Embassy in Toronto. I am unsure about the new procedures but you should go ahead and file before the August 15th deadline, you will have lots of time to get the rest of the documents required before your actual interview.

I suggest (in order to get in before the change) that you file and I-130 petition for your wife and each of your kids seperately ASAP. All you need to submit it and get the ball rolling is:

* I-130 petition form for each intending immigrant, regardless of age

* G-325A form, including one for the petitioner, and one for the beneficiary (if filing for a spouse);

* 1 passport style photo for petitioner and beneficiary

* Valid U.S. passport and/or original civil birth certificate of petitioner;

* Documents to show legal status in Canada for petitioner and beneficiary; (this would be your PR card and her birth certificate)

* Marriage certificate (if applicable);

* Petitioner's birth certificate (long form certificate showing parents names) if you are filing for a child or a parent;

* Beneficiary's complete long form birth certificate showing parents names.

* Divorce/Death certificate (if applicable);

* Email contact for petitioner and beneficiary;

* $420.00 USD filing fee (cash, visa credit card or money order paid to U.S. Treasury)

Good luck~!

Thanks for the info! Would I still need to fill out I-130's for my kids if I just register their birth abroad?

Thanks!

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Filed: Country: Canada
Timeline

No, if you register their birth abroad you won't have to file for them.

Thanks for the info! Would I still need to fill out I-130's for my kids if I just register their birth abroad?

Thanks!

March 1999 - Met online

July 5th, 2001 - Met in person

December 19, 2003 - Got engaged

September 26, 2004 - Got married in Canada and husband (USC) becomes a PR

July 5, 2007 - Our daughter Samantha is born

April 5th, 2011 - I-130 Submitted to Toronto Consulate

April 29th, 2011 - Interview at Toronto Consulate

June 8th, 2011 - Packet 3 received via email

June 9th, 2011 - Packet 3 returned via Expresspost overnight

June 13th, 2011 - Packet 3 received by Consulate

June 16th, 2011 - Packet 3 Logged

June 16th, 2011 - Packet 4 Dated

June 22nd, 2011 - Packet 4 Logged

September 12, 2011 - Medical in Toronto

September 29, 2011 - Interview - APPROVED!

? - Visa Received

? - POE

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