Jump to content
aug

Delaying Moving to the US because of children

14 posts in this topic

Recommended Posts

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

 

Share this post


Link to post
Share on other sites

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

 

Legal PERMANENT Resident btw.

 


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
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.  

Share this post


Link to post
Share on other sites
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.

Share this post


Link to post
Share on other sites
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 by aaron2020

Share this post


Link to post
Share on other sites
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 by aug

Share this post


Link to post
Share on other sites

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


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
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.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

Share this post


Link to post
Share on other sites
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 

Share this post


Link to post
Share on other sites

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


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
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?

 


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×