Spouse and Children are Canadian

[jalandva 0]

Hello,

I recently married a wonderfull Canadian women with 2 children. We are both in Medical School and we are having issue of them letting her kids into the country without being citizens. This issue is they wont let them in without proof of enrollment in a private school and they will not be allowed in the public school system. My wife can get a student visa, however the kids right now are not allowed in the country. Does anyone have any advice as of what I can do to expedite them becoming citizens to they can join the public school system? Any adive, guidance, or information would be much appreciated.

Thank you in advance

Jake

[aaron2020 11,652]

Jake,

If you are a US citizen, why don't you just petition immigration visas for your wife and step kids so they can legally live, work and go to public school in the US?

To gain US citizenship, your wife must meet these three general requirements; 1) be married to a US citizen for three years, AND 2) live with the US citizen spouse for 3 years, AND 3) have a green card (legal permanent residency) for three years before she can apply for US citizenship. Alternatively, she can apply after having a green card for 5 years without the spousal requirement. There is no way to "expedite" citizenship without meeting the 3 or 5 years of having a green card.

Once she gets US citizenship, ONLY her minor children living with her with green cards of their own would automatically get derivative US citizenship from here. If the kids don't live with her or have green cards o their own, then no US citizenship for them.

Edited October 18, 2012 by aaron2020

[jalandva 0]

Hello,

I recently married a Canadian with two prior children.Both me and her and in medical school, however in order for her children to be allowed into the United States they are stating that they need proof of private school enrollment or American citizenship. we obviously cant afford the private school as two students. what can I do to get the children their citizenship as soon as possible so they will be allowed entrance into the country and into the public school systems? Any information would be much appreciated.

Thanks

jake

[Teddy B 17,252]

Hello,

I recently married a Canadian with two prior children.Both me and her and in medical school, however in order for her children to be allowed into the United States they are stating that they need proof of private school enrollment or American citizenship. we obviously cant afford the private school as two students. what can I do to get the children their citizenship as soon as possible so they will be allowed entrance into the country and into the public school systems? Any information would be much appreciated.

Thanks

jake

Has your wife gotten her US greencard yet? That's the way to go, the kids can come with her. Is she still in Canada, or in the states?

[Ban Hammer 14,910]

duplicate topics merged

[jalandva 0]

Jake,

If you are a US citizen, why don't you just petition immigration visas for your wife and step kids so they can legally live, work and go to public school in the US?

To gain US citizenship, your wife must meet these three general requirements; 1) be married to a US citizen for three years, AND 2) live with the US citizen spouse for 3 years, AND 3) have a green card (legal permanent residency) for three years before she can apply for US citizenship. Alternatively, she can apply after having a green card for 5 years without the spousal requirement. There is no way to "expedite" citizenship without meeting the 3 or 5 years of having a green card.

Once she gets US citizenship, ONLY her minor children living with her with green cards of their own would automatically get derivative US citizenship from here. If the kids don't live with her or have green cards o their own, then no US citizenship for them.

[jalandva 0]

Hello,

I really appreciate your response. I did not know that I could just petition for immigration visas and they would be allowed to live and the children participate in the public school systems. This definately sounds like the best option. I am rather new to this whole thing, and now I atleast have some direction. Do you know bt chance what forms I will need for this petition for immigration and where to get it?

Thanks Again,

Jake

[Teddy B 17,252]

Hello,

I really appreciate your response. I did not know that I could just petition for immigration visas and they would be allowed to live and the children participate in the public school systems. This definately sounds like the best option. I am rather new to this whole thing, and now I atleast have some direction. Do you know bt chance what forms I will need for this petition for immigration and where to get it?

Thanks Again,

Jake

If your wife is currently in the US, then she may want to adjust her status and file for immigrant visas for the kids. That would be forms I-130 and I-485 and the consequenting forms that go with it. I-765 for work authorization, etc. You can start here: I-130

If your wife is in Canada then you would file either IR-1 or CR-1 depending on how long you have been married. Those forms are here: IR-1/CR-1

There's a lot of great info in the guides section on this site. Good luck!

[aaron2020 11,652]

Hello,

I really appreciate your response. I did not know that I could just petition for immigration visas and they would be allowed to live and the children participate in the public school systems. This definately sounds like the best option. I am rather new to this whole thing, and now I atleast have some direction. Do you know bt chance what forms I will need for this petition for immigration and where to get it?

Thanks Again,

Jake

Follow the Guides - the button is at the tophog this page.

You would file separate I-130 for each immigrant - 3 in your case. You wait 5-6 months for them to be approved. Meanwhile you get all the required documents together. After the I-130 are approved, your family can apply for immigrant visas (DS-230). You send in an Affidavit of Support with your financial info (I-864). The entire process takes 6-12 months. Once they enter the US on their immigrant visas, they can work, live, and go to public school in the US.

Edited October 19, 2012 by aaron2020

[NikLR 13,235]

I would also look at the poverty line you need before you start filing petitions. While you're both in medical school right now, it probably means you don't have an income right now either most likely. Which means you'll need a joint sponsor or you should wait until you're out of school and can prove you can financially support your family of 4.

Also just as a note, because I have a child, if those children ever leave Canada, they need a travel consent form that has been notarized and signed by their biological father or else their mother needs to have firm custody agreement saying she can travel without such a form. Or she needs their father's death certificate if he's no longer alive.

Take a look at all the guides on this site... they are listed up at the top of the page. Also look at http://www.uscis.gov/portal/site/uscis and follow the links. Keep in mind they still tell you about a K3 visa on there that is very hard to get and also twice as expensive (and also takes just as long) as the CR1/IR1 visa. Pass that one as virtually non-existent.