Immigrating with a Child

[jefft90 0]

My wife (USC) and I (Canadian) were planning to move to the US with our 3 year old daughter and just had a few questions regarding the immigration process. We currently live in Canada, and our daughter was born here. We have an interview set up with the Vancouver Consulate at the end of the month to get our daughter dual citizenship.

At the same time, my wife is planning on filing form I-130 for me. I was just wondering if she has to file a separate I-130 for our daughter, who should be a dual citizen by September? Should she wait to file I-130 until after our daughter gets her dual, since she shouldn't have to file the form for her? If she does not need a separate I-130, do we still need to include her on mine, regarding the passport style photo and birth certificate?

Another question, if we were to travel to the US soon, could she file within the US and have us legally stay there so I can live/work? Or do we have to remain in Canada during the immigration process?

Thanks!

Edited August 13, 2016 by jefft90

[aleful 1,905]

hi

you can't file for a GC for her since she is a USC

[Meg&Andrew 297]

Another question, if we were to travel to the US soon, could she file within the US and have us legally stay there so I can live/work? Or do we have to remain in Canada during the immigration process?

Thanks!

Your wife can, you can't. She can remain in the US during the immigration process, you can't.

[JFH 12,195]

I don't understand the comment about obtaining dual citizenship for your child. I assume the child was born in Canada. Her mother is a USC so (assuming your wife spent sufficient time in the USA before moving to Canada to be able to pass on citizenship) the child was a USC at birth by virtue of her being born to a USC.

She might not have a US passport yet. But that doesn't mean she's not a USC.

All USCs must enter the USA with their US passports. Even if they have dual nationality. It would be illegal for her to enter as a Canadian if she also has US citizenship.

[jefft90 0]

JFH, yes my wife spent the first 20 years of her life in the US, and our daughter has a Canadian passport though, so we should probably get that changed to an American passport? Thanks for answering my questions, we appreciate it!

[jwcir12016 32]

You don't have to change her passport, you go to the embassy and file CRBA for your daughter and she can get an American passport as well.

[jefft90 0]

Thanks, I was unaware someone could have two passports!

Edit - Should we include her passport and birth certificate in the I-130?

Edited August 13, 2016 by jefft90

[NikLR 13,234]

As evidence of your relationship to your wife? The copy of birth certificate with both of your names yes. Passport, no.