wally

hey, been there, done that

once you get your NOA1, call that office and make sure the two petitions are linked...you should be able to check that online.

I did the CR1 so it might be different then yours.

I actually got my interview assigned before my kids' petitions were even approved...after a couple of hurdles, they were able to interview with me.

and remember that whatever fees/documents you provide for yours will have to be the same for your child

I agree, the idea is to avoid the 'trial' for all the right reasons....cost, delay etc. etc. It is extremely important to get a clear settlement before the interview cause you are at the discretion of your interviewing officer and his/her perception of your documents. I believe your file might be reviewed previous to the interview at least I felt ours was.

I remember another aspect of my battle to move the kids...one of my ex's arguements (he had granted permission and changed his mind) how legal it was to move the kids and the judge told him (his lawyer) the issue was the "permission" to move...it was the USA's Immigration's problem as to whether we'd be allowed to live there..they were not allowed to cloud the issue. My ex also was confused about Permanent Residence Status and Citizenship.

See if you can separate "permission" from the educational and medical and at the same time provide evidence of all the effort you and your fiance have done towards the K1/K2 and all the provisions you have in place for schooling and med. insurance...try and demonstrate ways you will settle down as a family...stability, local sports teams..etc. etc. Also, take a look at the school's calendar...try and prove how a delay may effect the girl's grades. School in my state started mid August.

At my interview, she wrote in all the petitions that I had permission to move the kids and I have sole custody.

Chin up Karen, stay strong.

I'm sure it will all pan out. And I do have an active lawyer. He just happens to be away and I only picked up the reply from my ex yesterday. So I have a few things to discuss with my lawyer too. We will get it cleared up. I just needed a little guidance on where to find what I was in search of.

VJ'ers came through as always!

Actually... if you apply for naturalization and they are under 18 and are perm residents, they automatically get US Citizenship due to your naturalization. So you never have to actually apply for it for the kids...

And if you do not apply for permanent residency for the children as K-2's, they will be out-of-status. So you must apply for permanent residency for them if they are going to stay with you.

My contract law is a little rusty, but I don't believe that such a clause could be enforceable as it would go against the intent of the rest of the contract, which is to permit the children to live with you....

Yes!! That is how I see it too zyggy. That in one part he agrees and in another he doesn't but will with conditions? Grrr. He agrees and permits me to move their permanent residence to the USA but bawks at applying for permanent residency? His lawyer has strung him along for two years with unsupported information and has hung him with huge fees. You would think the ex would learn by now!

It will work out. I am confident.

Hey I remember months back when David and I had to put things on hold because it looked as though we were going to a full trial. Phew! This is a little bump in the ex agreement to settle....so I feel good!

I wasn't aware that me applying for naturalization would result in them having citizenship too. Interesting.

Wouldn't that torque the ex's screws! Yikes!

I remember another aspect of my battle to move the kids...one of my ex's arguements (he had granted permission and changed his mind) how legal it was to move the kids and the judge told him (his lawyer) the issue was the "permission" to move...it was the USA's Immigration's problem as to whether we'd be allowed to live there..they were not allowed to cloud the issue. My ex also was confused about Permanent Residence Status and Citizenship.

See if you can separate "permission" from the educational and medical and at the same time provide evidence of all the effort you and your fiance have done towards the K1/K2 and all the provisions you have in place for schooling and med. insurance...try and demonstrate ways you will settle down as a family...stability, local sports teams..etc. etc. Also, take a look at the school's calendar...try and prove how a delay may effect the girl's grades. School in my state started mid August.

At my interview, she wrote in all the petitions that I had permission to move the kids and I have sole custody.

Chin up Karen, stay strong.

can you PM or Messenger?

Yes. What you are saying makes sense. I see it on USCIS. It only references K1 though. And states to legally live and work. I am trying to find something a little more specific with regards to education and medical if I can for the K2. Since that is specifically what the ex referenced. I see that the permanent residency for K2 tags along with the K1.

Wally....you know the story of my ex. I am trying to be as clear as I can so he doesn't create yet another hoop for us to jump through. Sighs

doesn't the K2's fall under the K1 umbrella?

that is there cannot be K2 without K1?

maybe you need to inform his lawyer and print some stuff from USCIS that the kids CAN'T live there for an extended time without the K2 visas therefore what's their point.

That's my problem. I can't find anything specific regarding the children. I can find here and on USCIS that after the marriage takes place that the K1 holder is to apply in order to remain past 90 days and be legal to live and work in the USA. I cannot find anything regarding the K2.

maybe you need to inform his lawyer and print some stuff from USCIS that the kids CAN'T live there for an extended time without the K2 visas therefore what's their point.

There is no way your children can remain in the U.S. permanently without them having GC's (Permanent Resident Status).

I'm not sure if it is mandatory for children to be GC holders in order to attend school, but it could affect them being able to be added to any medical insurance (of either yourself or your spouse).

Why would your ex put such a restriction on them? What difference does it make if they "live" in the U.S. permanently or are Permanent Residents? The fact remains that they will live in the U.S. with you and can visit their Father any time they want.

I don't get it.

Ummm last ounce of control is my guess. I found it interesting that he followed up his refusal to allow me to file for permanent residency with...unless it was necessary for education or medical reasons. Well I know that they need SSN for school....and to be added to Daves insurance....doesn't that mean permanent residency? Without they would have to leave within the 90 days I think.

I am just looking online to find something that tells me that the K2 has to file for permanent residency and that it is required for school or such. So far no luck. Just see that after the marriage takes place the K1 holder has to apply for it.

I really don't think he has an issue. I think it is about making things difficult for me and making it as though he is allowing another request. Ya know? I just need something to show him or my/his lawyer. My lawyer is away and I got the papers via his assistant. So I have yet to discuss it.

Recently my husband and I are considering buying a house together. But we're told that it's better if my name isn't put under the mortgage because I dont have any credit here. Yet my husband's parents said he can always add my name under the property later. Is that true? Besides, is it better if my husband can add my name into one of his bank accounts?

We were just too busy to think about this before... until I read this post I realise having a credit history seems so important here.

my husband did a 'quit claim deed' to get my name on the deed to our house...we had the lawyer arrange it so that both our names are on the deed.

Definition: A quit claim deed is a type of deed where a grantor, a person who owns an interest in a property, transfers all his interests to someone else. The grantor offers no guarantees about the title to the recipient, who is called the grantee.

Hey Karen,

congrats on getting the permission from your ex for your kids. I'm trying to remember what I did for my son who transferred from 5th grade last year. I think the biggest thing was meet the principal and their teachers ...get the routine of the school...ie. here they provide hot lunches vs. bag lunch at his Ontario school..scope out the schedule of sports/ girl guides etc. your kids might want to be involved with. I also asked that both my kids got somebody to take them around their first day of school.

As far as prep...do give them the Imperial vs. Metric comparison and some geography...how far Ontario is from your state..how long it takes to travel by car/plane...president vs. prime minister. What I learned is the kids here were way more curious about 'Canada' then they were about my kids being new.

we were CR1 so I didn't have to have a lot of evidence, however we brought copies of everything just in case. I put everything in page protectors and used a binder...medical, passports, interview letters at the front..

Give them copies. Have the originals to show them, but always keep your originals.

yikes! for CR1...DON'T give copies....we got RFE'd for them...well, it might depend on your embassy but Montreal required originals.

all original documents are returned at the interview

you must file 2 I-130's, one for your spouse and one for the child, look carefully at the instructions to see what you need to include with each petition

you will pay the fee for each petition

after you receive a 'receipt' number or your NOA1 (notice of action), you may file an I-129...here you will file only 1 petition and the child gets derivative status from the beneficiary..be sure to include her on this petition

we did the CR1 only...my kids got their CR2's...all the adjustment of status stuff was done before we entered thus our green cards arrived within a month

my CR-1 took 12 months with one RFE, however I have my conditional Green Card...we decided that was the best approach for us...didn't want to go through that AOS stuff

okay, I'm trying to remember but when we sent in the kids' petitions, we only had to provide the first page (or at least one page) of the G325 plus passport pics and birth certificates. A relationship is established on the beneficiary's G325 where you fill in what children you have. The 'step' relationship is established by the divorce and marriage certificates.

we were doing the rummage sale tour and came upon a "moved Grandma to home and need to get rid of her stuff" sale.

oak entertainment unit-$20

7 pc setting for 12, teapot, sugar, cream, serving bowls, platters, salt/pepper fine china-$25

sleeper love seat-$25

2 lazyboy rocker, swivel-$65

I understood that he will be eligible but EI would not get any $$ until they received a copy of his EAD. Thought I read that in previous threads on EI.

she was, having a moment that is

when I was dealing with Montreal...one guy told me 'no way, no how, forget it' and wouldn't help me...the next person I contacted did everything in her power to help

since you have confirmation of an appointment, you are GOOD to go

my husband travelled every 3-4 weeks to visit us in Ontario before I got the Visas and before we were married. He only carried his passport and DL. Once was he questionned at a land crossing but he still got through no problem.

I took my kids. Bring her some colouring books or something. Nothing electronic, Homeland security will take it and store it.

karlita, you've gotten the straight facts from zyggy, Reba, and Kathryn41. Now here's some personal experience. I'm an Amercan who lived in Canada for decades, first as a Landed Immigrant, and then as a citizen. You do not lose your U.S. citizenship by becoming a Canadian. However, at the border, it's best to show your American passport to the Americans and your Canadian passport to the Canadians. Don't flash both at once.

Also, an American living in Canada (legally) has an obligation to pay taxes in both Canada and the U.S. It's a lovely headache every year at tax time. The only consolation prize is that you can fly from Canada to Cuba and have a great time with your Canadian passport.

yes, I've heard of this...a friend of mine moved back to US after living in Canada from a young child. IRS made him pay taxes for the previous 3 years of work in Canada.

had to buy my son a pop from the machine, does that count?

otherwise, all fees were paid in advance...take your receipts just in case though

congrats...you'll be fine

for our interview it was mostly confirmation of the documents they already had...and the medical and passports of course

you'll get your original stuff back too.

enjoy your trip

I can only speak from Canada but if it's an I-130, he needs to file the exact same petitions for the children. He will file 3 in total. All 3 petitions will be linked and processed at the same time.

he'll need record of it for his medical, they won't accept verbal for anything other than chicken pox I think.

He'll need a record for his medical? But he already HAD his med and the doc DIDN'T ask for it. Like I said, hubby didn't have a record but the doctor didn't ask for it anyway or even offer to give him the tetanus shot.

The office where I had my medical would not release the medicals until they received my varicella titre results. I received a little slip with that box ticked. If you are unsure of your husband's medical, call the office and ask them if all is clear with it.

I joined my husband's bank accts. when I got here. Opened my own accts. when I got my SSN number and had to get a secured credit card to start my credit. At first I wired money over but paid a horrendous fee so now I just write a canadian cheque and wait for it to clear. I maintain my Canadian bank accts. and one Canadian credit card. Since I travel back so often, it's pretty handy.

wow, can't help you on the parking but what I would strongly suggest is you get a good map that shows you the "one way" streets. We got messed up by them. I believe there is public parking near the embassy. Give yourself extra time...driving is crazy there though it won't be as bad that early in the morning.

Good luck on your interview.