Delaying Moving to the US because of children

[aug 1]

Hello All,

We have just recently received our GC Visa through IR. We are excited and unsure about our next move because of our children. We have 2 kids under 21 years and 1 unmarried over 21 year. We would like to move to the US but not without the children especially the minors.

What is the best way to approach residency in the US?

Should we land and then come back to Canada to wait for about 22 months until the minors get their GC (not staying more than 6months outside US?

Can we move legally with the children and apply from within the US without their overstaying (Canadians)? We don't wait them to overstay and have a problem.

Is it okay to land in the US, return to live in Canada, apply for the children and move when the minors get their GC (approx. 22-24 months)?

Thanks in advance for all your input

 

[Boiler 45,659]

OK the older one would not have got anything but why were the younger ones not included?

 

Legal PERMANENT Resident btw.

 

[aug 1]

Single visa. My daughter applied for us. i.e. US citizen applying for parents. It takes longer if she applied for her siblings. F2B VERSUS F2A

[aaron2020 11,651]

8 hours ago, aug said:

Hello All,

We have just recently received our GC Visa through IR. We are excited and unsure about our next move because of our children. We have 2 kids under 21 years and 1 unmarried over 21 year. We would like to move to the US but not without the children especially the minors.

What is the best way to approach residency in the US?  One parent immigrates first and files for the children.  Other parent stays in Canada to be with the children while waiting for their visas.

Should we land and then come back to Canada to wait for about 22 months until the minors get their GC (not staying more than 6months outside US?  Staying out for less than 6 months each time can still cause problems.  You would essentially be living in Canada to take care of the kids with brief trips to the US every 6 months.  That's not what a green card is for.

Can we move legally with the children and apply from within the US without their overstaying (Canadians)? We don't wait them to overstay and have a problem.  Absolutely not.  There is no basis for them to legally move to the US.  What about school?  

Is it okay to land in the US, return to live in Canada, apply for the children and move when the minors get their GC (approx. 22-24 months)?

Thanks in advance for all your input  Absolutely not.  A green card is for living in the US.  It is not for living in Canada.

 

The typical solution is for one parent to immigrate to the US and file for the children while the other parent stays behind to take care of the children while their visas are processing.  

[aug 1]

3 minutes ago, aaron2020 said:

The typical solution is for one parent to immigrate to the US and file for the children while the other parent stays behind to take care of the children while their visas are processing.  

Thanks. I really appreciate your input. It is in line with what we are thinking but how about the other parent's GC status? Would it not be jeopardized while we are waiting for the Minors GC to come through? Assuming that I stay back in Canada and hubby moves, can I delay my landing closer to the 6 month expiration time? How do I resolve staying back in Canada without jeopardizing my GC status until the Minors get their GC approx. wait timeline is about 26-28 months now.

[aaron2020 11,651]

6 minutes ago, aug said:

Thanks. I really appreciate your input. It is in line with what we are thinking but how about the other parent's GC status? The other parent does not immigrate and would not have a green card.  The green card parent then petitions for his/her spouse which would include the kids who are under age 21 at the time the PD becomes current.  Would it not be jeopardized while we are waiting for the Minors GC to come through? Assuming that I stay back in Canada and hubby moves, can I delay my landing closer to the 6 month expiration time? Then you would be required to live in the US at that point.  How do I resolve staying back in Canada without jeopardizing my GC status until the Minors get their GC approx. wait timeline is about 26-28 months now.  You can't have your cake and eat it too.  Either both parents immigrate and leave the children or one parent does not get a green card and stays with the children.  

How old are your kids?  Be easier to help if you provide this information.

 

US green card holders can not receive provincial health care. 

 

Do you and your husband both work?  US taxes green card holders on worldwide income, so you would have to report Canadian wages.  Living and working abroad would be a reason to revoke your green cards.

Edited December 19, 2018 by aaron2020

[aug 1]

6 minutes ago, aaron2020 said:

How old are your kids?  Be easier to help if you provide this information.

Thanks for your reply. When we started this process we thought that the minors will be granted visa under follow - to-join until we called NVC while we were at NVC stage. Too late to turn back. Now, we both got GC this week and is trying to figure out what to do . Just so worried since there is no chance of leaving the youngest behind. The older minor is in college so no issues with leaving him behind.

Edited December 19, 2018 by aug

[Boiler 45,659]

Sounds like the best solution would be not to go until the youngest child is on their own feet.

[Unlockable 7,315]

1 hour ago, aug said:

Thanks for your reply. When we started this process we thought that the minors will be granted visa under follow - to-join until we called NVC while we were at NVC stage. Too late to turn back. Now, we both got GC this week and is trying to figure out what to do . Just so worried since there is no chance of leaving the youngest behind. The older minor is in college so no issues with leaving him behind.

@aug

 

As you now know, there is no "come-one-come-all" way of doing this when petitioning for extended family members. The staggered method that @aaron2020 described is the best method to achieve what you want. Immigration is all about sacrifice, so some tough decisions will have to be made.

 

Keep in mind that Canada has somewhat similar policies of applying for parents and even stricter policies for applying for siblings.

[aug 1]

32 minutes ago, Boiler said:

Sounds like the best solution would be not to go until the youngest child is on their own feet.

What do we do with the GC status?

[aug 1]

1 hour ago, aaron2020 said:

How old are your kids?  Be easier to help if you provide this information.

 

US green card holders can not receive provincial health care. 

 

Do you and your husband both work?  US taxes green card holders on worldwide income, so you would have to report Canadian wages.  Living and working abroad would be a reason to revoke your green cards.

Provincial health in Canada or US? The Minors are both under 20 years but younger one is special needs 

[Boiler 45,659]

You have an Immigrant Visa, not a GC. You need to use the visa to get a GC.

[Unlockable 7,315]

17 minutes ago, aug said:

What do we do with the GC status?

You use the visa to gain entry as an immigrant to the US. Then you must remain in the US as a permanent resident.

 

16 minutes ago, aug said:

Provincial health in Canada or US? The Minors are both under 20 years but younger one is special needs 

If you are a permanent resident in the US. You lose Provincial health from Canada (there is no Provincial health in the US, btw). Because you are no longer a resident in Canada. If the child is special needs, this will be effected as well. You will need to find and pay for healthcare.

 

You see the significance of the sacrifices that need to be made now?

 

[aaron2020 11,651]

Have you entered the US with your immigration visas?