question about immigration, a dad that needs help

[CanadaDad 0]

hello, I've been trying to find information on my own and admittedly I'm just not up to snuff on this process. I'm in a bit of a bind and I'm hoping I can find some info here or a nudge in the right direction. A year ago my ex left the country and married a U.S citizen and began her journey to become a citizen herself. Our two oldest children decided to stay on with me and our youngest child went with her to the states and was also included in the citizenship process. I thought at the time and it was agreed that i would have equal parenting time with my youngest but was informed close to the time she was to come back that the immigration process wouldn't allow this for any real length of time. I've been able to see my youngest for a total of two days over the last year, that was for her birthday and I had to travel to the usa to do it. I was able to fly down and bring her back for a visit with me and her siblings but this is only for about 30 days. I've been trying to find out information on how long she can visit without affecting her immigration but its hard to right now so I'm posting here. I'm just a dad trying desperately to be a dad and I'm lost and feel like I've been had. Can anyone give me some info or a direction to follow where i can study up on my rights on this matter. How long can my youngest leave the usa without affecting her process? how big is this can of worms..

[JeanneAdil 6,193]

You had to agree for her to be able to bring the son 

So,  what did you agree to?

What did she agree to?

here in most states if you take the child "out of state"  there is an agreement for visitation

and the person who has moved has to provide travel for the child to see the other parent

you should contact a US lawyer and see what your rights are according to the consent form you signed

how long the child stays?   no idea 

[aaron2020 11,651]

If your ex and child already have green cards. 

Your ex has not started the citizenship process.  She has to be a green card holder for 3 years in order to qualify to apply for citizenship.  ONLY she applies for citizenship.  She has to meet the residency and physical presence requirements.  Her green card child living with her would derive citizenship.  The residency requirement applies to the child while the physical presence requirement does not.  The child can be outside the US as much as you and your ex agree to.  The MAJOR requirement is that she has a green card and legally reside with her mom in the US.

 

Your rights depends on what you signed and agreed to when you allowed your child to immigrate to the US.  Presumably, you gave primary custody to your ex in order for the child to immigrate and live in the US.  Did you agree on visits to Canada?  If you didn't, you're gonna be in a bind since you allowed the child to immigrate to the US.

Work something out with your ex.  If you want to fight your ex, you'll have to do it in the US where the child lives.  

 

If your ex and child are adjusting status and currently do not have green cards, then it makes splitting time much more difficult.


 

Edited July 28, 2020 by aaron2020

[Lil bear 3,831]

Without knowing the process your ex is using .. if she entered the US on a fiancé visa and married in the US, then she and the accompanying child must now go through the process of Adjusting Status to become a permanent resident. This process takes 15-18 months and if either leave the US before they have travel authorisation ( takes 6 months for this to be approved) then their application for permanent residency is denied. They cannot reenter the country without first getting a new immigrant visa. This may be what is being described as “ not allowed to leave the country” 

[CanadaDad 0]

Hey, thank you everyone for taking the time to help. I appreciate it and I apologize for my lack of terminology when it comes to this what feels like a very deeply complicated thing. I’m trying to understand, I thought I did mostly.. I’m not one to spend a lot of time online so posting on a forum is awkward for me as well.. bit of a shy boy. I’ll try to refine my post to hopefully further the knowledge I can get from more experienced peoples such as yourselves. 
 

what my ex did was I believe.. entered the USA on fiancé visa. She married very quickly after entering. Less than 30 days I think it was.  That was last year she left in July and married beginning of aug. 

 

our final separation agreement stated that my youngest would live with her mother in the United States for the first year, after which she would come back to Canada for the next year and so on. It was made to be for the part to me that mattered.. 50/50. It sounds to me from the responses that I’ve Been told half truths from my ex. Things like, our child couldn’t return for for more than a few months in a year for the next five years? Ugh.. I sound stupid..feel like it to.. My youngest has come here until slightly into august. For travel purposes we did sign a consent to travel form until that time. I’ve been trying to talk to my ex about extending the time here because covid is exploding and currently where we are is the safest place to be. She has ceased communication. I’ve made too many mistakes believing things could Be done fairly and without proper legal consult..I’m a dummy and I recognize that I was naive. I’m afraid now, very very afraid that I won’t be able to protect her. It’s the reason I was asking how long she can be out so her life isn’t disrupted but she can be safe. I’m trying to think of the right questions but I don’t know what to ask so if you or any of you know anything else that may help just throw it at me.. anything and everything is helpful at this point. I’ll be talking to a legal representative so that part I do know.. now..

[Lemonslice 4,553]

Please call 1-844-880-6519 or email ccs.scc@international.gc.ca for assistance from Global Affairs Canada; they are there to guide you, but will not replace a lawyer's assistance. 

 

"Our final separation agreement stated" - was the custody agreement finalized through the courts? 

[aaron2020 11,651]

Your ex and child are adjusting status to obtain green cards (legal permanent residency).  During this time, your child must stay in the US until the child obtains Advance Parole (AP).  Once the child has AP, it's advisable to take short international trips while waiting for the green card.  Once the child has the green card, the child must reside in the US.  The child is free to travel internationally for long periods.  It's recommended not more than 180 days at a time.

How old is the child?  

 

Since the child is in the US, you're gonna need to get a US lawyer.  Your Canadian custody agreement may be relevant, but giving the child permission to immigrate may have altered it.

[CanadaDad 0]

31 minutes ago, Lemonslice said:

Please call 1-844-880-6519 or email ccs.scc@international.gc.ca for assistance from Global Affairs Canada; they are there to guide you, but will not replace a lawyer's assistance. 

 

"Our final separation agreement stated" - was the custody agreement finalized through the courts? 

we did an original separation agreement between us which covered who got what and where our youngest who is 9 would be residing with first, that would have been me. the older kids were of an age to choose freely.  this was filed through the courts on our own, we.. i thought at the time were trying to do things fairly and without lawyers and yes i had rose colored glasses on. I realized that was not the case, she had a lawyer. I talked to family and got one to.. none of this was what I had wanted to do. The family would have been torn apart and the kids would have suffered while mud got slung in every direction.. while this is all building up I was getting ready to move as well, there was a house to sell and I was getting a new home ready where i am now. Then my lawyer died.. just died.. I did what i thought was right for her. i didn't have a person anymore, i felt that the stress of the move was to much for her and that i needed time to build a stable house for my kids. so I renegotiated the contract allowing her to go with her mom for the first year and tried for what i thought would be open and fair between the two of us, this would I had hoped also facilitate healing and less damage with the older kids and there relations with their mom. again i did this without a lawyer because there was no time..it was down to the wire and i would have run the risk of never seeing my youngest again, i didn't have the tools to fight. thank you for these responses, its all giving me a place to start. i know this isnt going to be easy but I feel a little better with some direction

[TBoneTX 43,058]

Please let us know what you learn and how things work out.

[Lemonslice 4,553]

Please reach out to Global Affairs, they can guide you on how to request a welfare check from the state child protection services if you have no news. List of lawyers in her state, etc.

 

You do not need to convince us, things get messy when someone isn't acting in good faith.

Edited July 28, 2020 by Lemonslice