Where to go from here.....

[LisaD1234 28]

I am a Canadian citizen, my husband is american. We together have 1 common child and I have 3 children from previous marriage. 

My husband and I met in canada and have been together and lived here 10+ years. He is a PR of canada for 30 years.  Myself and our common child have filled out I130 and are at the end of our IR1 and IR2 journey with interviews within a week.  We decided about 2 years ago that we wanted to love in the USA instead of canada. 

My family situation with my previous children is where my question lies.  A lawyer wants about $400 to answer my question, so I'm hoping you all can help me for free!!

My youngest from previous marriage is 13. At the time of filing for myself she didn't want to come and her dad wouldn't give any permissions.  Situations changed over the 2 years and now she can come with us.  The i130 takes FOREVER!  Is there any other temporary way to have her join us in the usa and attend school while waiting through the process?  I really don't want to leave her behind in Canada if it can be avoided. 

[Nitas_man 3,100]

Not aware of any but it is possible to delay your interviews to allow her case to catch up.

[aaron2020 11,651]

Sorry, no.  There are no short cuts.  Your husband will need to file an I-130 for your daughter and she will have to go through the immigration process.

 

Did your husband live in the US for at least 5 years (2 years after age 14) before immigrating to Canada?  If yes, then your common child is already a US citizen and will not qualify for an immigrant visa.  A US citizen child born abroad would need a CRBA and a US passport.

[LisaD1234 28]

15 minutes ago, aaron2020 said:

Sorry, no.  There are no short cuts.  Your husband will need to file an I-130 for your daughter and she will have to go through the immigration process.

 

Did your husband live in the US for at least 5 years (2 years after age 14) before immigrating to Canada?  If yes, then your common child is already a US citizen and will not qualify for an immigrant visa.  A US citizen child born abroad would need a CRBA and a US passport.

We wanted to go the route of CRBA however he left the USA when he was 14-15.  We tried to gather all the proof that would have been needed, but it just doesn't exist.  

 

Can my husband petition for my daughter from my previous marriage?   I figured there would have to be some sort of legal document here such as a custody.  

[LisaD1234 28]

39 minutes ago, Nitas_man said:

Not aware of any but it is possible to delay your interviews to allow her case to catch up.

At this point I can't delay it.  I'm losing my job in July anyway and with one in school were better to go on the break. 

[aaron2020 11,651]

4 minutes ago, LisaD1234 said:

We wanted to go the route of CRBA however he left the USA when he was 14-15.  We tried to gather all the proof that would have been needed, but it just doesn't exist.  

 

Can my husband petition for my daughter from my previous marriage?   I figured there would have to be some sort of legal document here such as a custody.  

Your husband can petition for his stepdaughter.   He doesn't need to show custody since he's the stepfather.  You will need to have custody of your daughter to get her an immigrant visa through her stepfather.
 

At the visa interview, you will need the father's written permission for his child to immigrate to the US.

Edited April 23, 2021 by aaron2020

[JFH 12,190]

*~*~*moved from “what visa do I need?” to “bringing family members of USCs”*~*~*