Here we go!

[someguyinmi 0]

So far this site has proven to have many people with a lot of answers.

At this point I am still unclear on several things so I guess I will

simply post where we are and see what kind of responses we get.

My name is Dan, and I just recently married Sarah who also came

with a wonderful 12 year old daughter. Sarah and her daughter

are Canadian Citizens and I am a USC. Our intention is to bring

all of us together to the US legally to live out the rest of our

lives together.

Currently we are able to travel back and forth between the US and

Canada with no problem, however Sarah has been maintaining residency

in Canada as part of a need to work until we can settle all things

financial. We can live on what I make and having her be able to go

to work in the US will be comfort money.

I understand that I have to start by filing a form I-130 but that is

where things go haywire and I don't seem to be able to get a straight

answer from USCIS about what I need to do, so I am going to ask

you kind people for advice. I would prefer to have people who have

been in this exact situation tell me what they did so that I can

sort it out, but I am not so narrow that I won't accept advice from

others.

What we would like to do: At the end of this summer we should have

everything set so that Sarah can come to the US. It is our understanding

that once we file the I-130 that between Canada and the US we can simply

get an extended VISA for her that will allow her to stay in the US while

the entire process takes place, even though she will not be able to work.

Also of course is filing for the daughter (who I am purposely not naming)

that is included in this.

Is it true that this whole process can be handled with Sarah spending a

majority of her time in the US? Do I need to file separate I-130 requests

for both Sarah and the 12 year old daughter, and do I file the $420 fee

once for both of them, or once each for both of them (as in $840).

I don't want to ask too many specific questions because I would really

like to be open to any and all comments or suggestions including if

you made a mistake so that we can do this right.

I thank any of you who may respond and help us begin our journey.

[Brad and Vika 130]

Moving to the K-3 forum

[Ryan H 3,932]

It is our understanding

that once we file the I-130 that between Canada and the US we can simply

get an extended VISA for her that will allow her to stay in the US while

the entire process takes place, even though she will not be able to work.

Also of course is filing for the daughter (who I am purposely not naming)

that is included in this.

No such extended stay visa exists. If she were to be admitted to the US, she will have an authorized time of stay and she would have to leave when that authorized stay expires.

Do I need to file separate I-130 requests for both Sarah and the 12 year old daughter, and do I file the $420 fee

once for both of them, or once each for both of them (as in $840).

Yes, you will file two I-130 petitions, one for your wife, the other for your step-daughter. You are also correct that you will pay the $420 fee for each petition, totaling $840.

Your wife will apply for a CR-1 visa, your daughter will apply for a CR-2 visa down the road.

Moving from K3 Process & Procedures to IR-1/CR-1 Process & Procedures as this is the path the OP is likely to end up on.

[someguyinmi 0]

No such extended stay visa exists. If she were to be admitted to the US, she will have an authorized time of stay and she would have to leave when that authorized stay expires.

Yes, you will file two I-130 petitions, one for your wife, the other for your step-daughter. You are also correct that you will pay the $420 fee for each petition, totaling $840.

Your wife will apply for a CR-1 visa, your daughter will apply for a CR-2 visa down the road.

Moving from K3 Process & Procedures to IR-1/CR-1 Process & Procedures as this is the path the OP is likely to end up on.

Ok, that cleared up the part about filing for Both of them. Thank you.

The question still remains, I was told by the US border crossing guard

when I returned to the US after taking my wife and stepchild back to

Canada that once I got the I-130 form filed and had an acceptance I

couuld stop at the border and get the VISA for whatever length of

time would be necessary. What he did not tell me is if we would be able

to complete everything while remaining in the US. In other words, can

we use the office in Detroit rather than having to travel to Montreal

or Vancouver. Either of these places is quite a trip from where we

intend to live as well as a long way from where she currently resides.

So what I am looking for is some advice on if the journey can be

done from inside the US as long as they are here with a proper VISA.

Sorry that I was not clear before.

[canadian_wife 1,831]

Being Canadian, we dont need visas so I am shocked a CBP would mention one.

You can technically 'extend her stay' but that is rarely granted to Canadians and usually require some situation better than simply wanting to be with ones husband.

Now, what about the daughter, will she not attend school in this time? I do not believe she can attend school as a visitor as she is not a legal resident of the state you live in.

You can always try this plan of extending her stay, but I highly doubt it will work.

And to answer your other question, no - she must complete the entire process in Canada, including the medical and the interview in Montreal (not vancouver, Vancouvre will not play into this for you). She does not qualify for any adjustment of status so the process cannot be completed in the Canada

Good luck

[Ryan H 3,932]

I was told by the US border crossing guard

when I returned to the US after taking my wife and stepchild back to

Canada that once I got the I-130 form filed and had an acceptance I

couuld stop at the border and get the VISA for whatever length of

time would be necessary.

CBP does not issue visas at all, period, full stop. There is also no such provision for visa issuance at a border entry point. Since CBP does not issues visas at all, the CBP officer you were speaking with was talking out of turn.

Canadian citizens are usually granted 6 months of authorized stay in the US, however, CBP is allowed to make that time shorter.

Canadian_wife hit the nail on the head with regards to extensions.

[someguyinmi 0]

Ok, great and clear information Canadian Wife and Ryan H. That was a solid answer

I was looking for.

Canadian Wife, I had never thought about using the daughters education as

a means to ask for special conditions, but this has been a concern of ours.

She (the daughter) was removed (by our choice) from her school in Canada as

a result of bullying ( to be clear, our daughter is not the bully ). I live

in Michigan, and it is part of what I need to do to find out exactly where

the State stands on this issue. We know that we would like her in a school

as opposed to home schooling (that is what we have had to do for the last

semester of her current school year) and I know that being in an area where

we have many legal migrant workers on farms in this area, that the children

of these workers are allowed to go to the Michigan schools.

I had not considered that as a reason for a petition, however her education

is in fact a high priority for us.

Thanks again, I am so glad I found this forum.

[bsd058 296]

Ok, great and clear information Canadian Wife and Ryan H. That was a solid answer

I was looking for.

Canadian Wife, I had never thought about using the daughters education as

a means to ask for special conditions, but this has been a concern of ours.

She (the daughter) was removed (by our choice) from her school in Canada as

a result of bullying ( to be clear, our daughter is not the bully ). I live

in Michigan, and it is part of what I need to do to find out exactly where

the State stands on this issue. We know that we would like her in a school

as opposed to home schooling (that is what we have had to do for the last

semester of her current school year) and I know that being in an area where

we have many legal migrant workers on farms in this area, that the children

of these workers are allowed to go to the Michigan schools.

I had not considered that as a reason for a petition, however her education

is in fact a high priority for us.

Thanks again, I am so glad I found this forum.

Not sure if this helps any.

Try this link.

[canadian_wife 1,831]

Ok, great and clear information Canadian Wife and Ryan H. That was a solid answer

I was looking for.

Canadian Wife, I had never thought about using the daughters education as

a means to ask for special conditions, but this has been a concern of ours.

She (the daughter) was removed (by our choice) from her school in Canada as

a result of bullying ( to be clear, our daughter is not the bully ). I live

in Michigan, and it is part of what I need to do to find out exactly where

the State stands on this issue. We know that we would like her in a school

as opposed to home schooling (that is what we have had to do for the last

semester of her current school year) and I know that being in an area where

we have many legal migrant workers on farms in this area, that the children

of these workers are allowed to go to the Michigan schools.

I had not considered that as a reason for a petition, however her education

is in fact a high priority for us.

Thanks again, I am so glad I found this forum.

Happy to help, however maybe you misread. Although I understand that your daughter's education is, and should be, of high importance to you, it is of no importance to CBP or USCIS.

Maybe I don't understand what you mean, but that child NEEDS to be in a good and safe school

Good luck

[someguyinmi 0]

Happy to help, however maybe you misread. Although I understand that your daughter's education is, and should be, of high importance to you, it is of no importance to CBP or USCIS.

Maybe I don't understand what you mean, but that child NEEDS to be in a good and safe school

Good luck

You are right, and that is a priority. As of this evening I have it on

good word that in the US they can not deny any child who is living here

the right to an education. Now, with that said, I know there are issues

with "living" here in the US, but I think those will be ok.

As I post my updates I will certainly post how that part goes for other

people to find as they find themselves in the same situation.

[canadian_wife 1,831]

You are right, and that is a priority. As of this evening I have it on

good word that in the US they can not deny any child who is living here

the right to an education. Now, with that said, I know there are issues

with "living" here in the US, but I think those will be ok.

As I post my updates I will certainly post how that part goes for other

people to find as they find themselves in the same situation.

Actually they can. I teach and with the new laws in Georgia regarding residency, we've denied education to lots of children because they are not in the country legally or they are 'just visiting'.

Good luck

[someguyinmi 0]

Actually they can. I teach and with the new laws in Georgia regarding residency, we've denied education to lots of children because they are not in the country legally or they are 'just visiting'.

Good luck

Correct, but I am not considering having them here ilegally

and once the forms are filed intent to immigrate has been

demonstrated. Just what the lawyer explained... if I was

the expert I wouldn't be looking for comment here.