Hi all
I ran into a tough situation. I am pursuing CR1 visa ( only interview left and scheduled soon) to move to live with my husband in USA. I have 13 years old son from prior marriage and I received court permission for my son to move with me but his dad started to put the child against the move. Currently the situation is quite unstable and I am not sure if child agrees to move to US with me. We have small baby with my husband so I have no choice but to move.
I am worried if I run into situation that I am moving without my son but later he changes his mind and wants to move, it will be again almost 2 year process going through visa application etc.
He is scheduled for an interview in Montreal in May and my understanding is that once visa is issued, we will only have 6 month to move or it will be expired.
Note: - I understand that I can simply postpone his interview,I believe I can keep postponing it for a year since the date the 1st interview was scheduled ( correct me if I am wrong), but this is not an option for me due to specific circumstances that are long to explain here
-The only option right now, if he really does not want to move as of this moment, for me will be to come to some legal agreement with his dad that child stays with him here but is free to move if he decides later.
So, scenario I see is that I do get visas for both of us but I go and he stays here. IF he does not want to move within 6 months after visa issuance, are there any ways to keep his green card without living in US but living in Canada. We will have ability to go back and forth for him to visit USA but he would have to attend school in Canada, therefore most of his time he will be living in Canada, Which options he has to be able to keep green card or there is none?
OR wouild you advise me to schedule a consultation with an immigration lawyer to clarify those nuances and possible options?
Thanks very much in advance