Help an US Citizen in Canda :)

[ginonca1 0]

Good Afternoon Everyone,

I'm very confused and trying to find the proper way to relocate my Canadian family to the US.

Facts:

• I am a US citizen via my birth parents and hold a valid US passport.
• I've lived in Canada since I was 6 and briefly lived and worked in Michigan when I was 16/17 for 4 months.
• I adopted a Canadian child in 2008
• I'm engaged to a Canadian (we could get married either in Canada or after moving, no set date)
• I still hold and use from time to time my american bank acocunt

Questions

• What is the easiest way for my Child to legally relocate to the US? I-130 or N-600K or is it both? (my ex has no concerns with me applying for green card / citizenship)
• What is the easiest way for my spouse to relocate to the US? I-130?
• For the affidavit of support, because i'm not living there or have an american income lined up yet (I dont want to take a job 1st in case they are denied and give up my job here in Canada), is that a problem to show the ability to support them?

I've been reading and am very confused

Thanks everyone for reading.

[NikLR 13,227]

1) I think an I-130 leading to a IR2 visa path. Child needs to be an LPR first. https://travel.state.gov/content/adoptionsabroad/en/us-visa-for-your-child/acquiring-us-citizenship-for-your-child.html

2) I-130 is the only method for a spouse but an I-129F for a fiancé. Check the comparision guides.

3) it's required either you have a job (that will continue after moving) that makes over the guidelines for a family of your size or have a joint sponsor. You will also need to show US domicile or reestablishment of such.

[ginonca1 0]

Thanks NLR for the quick response. So basically I-130 is the path to LPR in both cases? Can they enter the US after we've submitted I-130 while we wait or no?

I'm fine applying for it, and moving ahead of them to establish the job, but am hesitant in making the move and then finding out that they cant be approved for some reason (i cant think of any reason they wont though)

[NikLR 13,227]

They can visit, they cannot live.

Until they get the visa they both must continue to live in Canada.

the I-129F leads to a fiance visa which needs an adjustment of status. You and your partner have to decide if you want to do the K1 or the CR1 route. Look through the positives and negatives in the comparison guide and decide the best route for you as a couple. Fastest isn't necessarily better for instance.

For instance, many people want to live together as soon as they are married and don't mine the extra money this costs them. So they choose the K1 route which is generally faster to visa. However, I would never have gone the K1 route because not being able to leave the USA for 2-3 months or more, while waiting for my AP (advance parole) was a deal breaker. My daughter did not move to the USA with me and there is no way that emergency AP would be as fast as just booking a plane ticket and leaving should something have happened to her. But what is right for me isn't necessarily right for you, and vice versa. It takes a lot of thought and discussion in my opinion, for you guys to choose the direction you want. Just know that the child to LPR route will take longer than a K1 visa but about the same time as a spouse visa. (Approximately 1 year.) So it could be that makes your decision for you.