LisaD1234

1 minute ago, Boiler said:

Making sure the Order allows the child to migrate would not be an Immigration Lawyer issue.

But my question is, what wording or documents is the consulate looking for?

I am aware that's the position of my lawyer. And my daughter even had her own lawyer to speak for her wishes in the process.   We're done that part, she can move.  The order will state that she can move to the US with her mom.   But should the consulate be looking for something more specific about moving, school, visitation etc then i wanted to know that information before we go in front of the judge and have the final order endorsed.   

47 minutes ago, mam521 said:

You will have to be listed as the primary custodial parent or managing conservator and you guys may need to add a line item into the custody agreement which states you will take your shared child out of country in addition to defining visitation.  

 

You may still want to ask him to sign and have a lawyer notarized letter stating he understands you are moving said child to the US.  This is a pretty clear cut indication he understands the magnitude of the situation.  

 

Check your state laws, too.  Sometimes there are legal and physical custody wordings that you may need to include as a CYA, in addition to wherever the agreement is being issued.  There may also need to be wording in the custody order that will allow you to make decisions without the father present (think health care decisions, schooling, etc). Another provision you may want to include is whether your current spouse is able to serve as a custodial decision maker in the event of an emergency.   

 

You want to make sure your documentation meets the requirements of the Hague Convention.  Most US states recognize Canadian court orders.  

Great information thank you.

I think along with the new order i will try and get the notarized letter.  Such a long expensive process i dont want any more delays!

50 minutes ago, Boiler said:

I would think the person to ask is your Lawyer handling this.

The lawyer will handle everything family related but is not a immigration lawyer and cant give me any advice on that side of things.  

5 hours ago, Boiler said:

Will not the court order cover it?

Yeah, but being as how its being drafted and made i wanted to make sure i have the right wording in my order.   I didn't ask for sole custody and the father wants to make sure its still says he gets visits certain times of the years.  If theyre looking for certain words in that court order that will make the process easier now is the time i can add those words in

Yeah, but being as how its being drafted and made i wanted to make sure i have the right wording in my order.   I didn't ask for sole custody and the father wants to make sure its still says he gets visits certain times of the years.  If theyre looking for certain words in that court order that will make the process easier now is the time i can add those words in

6 hours ago, Jorgedig said:

Have you petitioned her for a visa yet?

 

Yes and were at the NVC stage, her dad was just fighting me on the move so i had to pause and do the court thing 

Oops

My husband is american, myself and our common child got our visas and moved summer of 2021.   My 15year old child from another father was left behind, long story. 

Anyway i have started the court process to get her moved where I am,  we have settled and in a few weeks the judge will endorse the final order.  

Anyone else who has been through a similar situation and can give me advise on what wording the consulate is looking for? Or should i go straight to notarized letter?   I've spent alot of time and money on the court process and want to get on with his without having to go back to change some words in our order.  

3 hours ago, CGs_Mother said:

My interview is Wednesday and I'm having (another) panic attack, so sorry if this question has been answered here, but I can't find the answer right now.

 

Because of COVID, I do not have my husband's original birth certificate, passport, or deed to his house. I do have copies of his birth certificate and his most recent property tax assessment (proving where we are going to live). Given the times we are in, do you think the Embassy will accept copies or do you think I'll be put into AP until he can send up the original of his birth certificate? TIA

 

EDIT: I do have our original marriage license, and certified court copies of his divorce decree, along with original signatures of the AoS. Thanks.

I wasn't even asked for any if my husband's documents.  I went prepared with original birth certificate and passport but didn't need them!   

Got my passport back today with the visa in it! So excited to be done!   Now to sell our house and move!   I won't be crossing for a few months yet sadly.  

Thank you so much @Hawk Riders for the awesome spreadsheet, that information was what kept me a little bit sane through the process!

3 hours ago, YYZ&MIA said:

Question for those who have had their interview: do they ask you COVID related questions at the door before letting you into the consulate?  For instance, if youre arriving from another province, etc. take your temperature ? 

They ask covid questions.  Dont take your temperature. They only asked if I had been outside of Canada in the past 14days, exposed to anyone blah blah blah, the usual. 

2 hours ago, CGs_Mother said:

Eight hours! Ugh. But congratulations! So the SQ won't think it's weird if I pull into the plaza and start talking with them when they didn't stop me? I'm happy this was so simple. I've got all my paperwork ready to show everyone. Thanks very much! 

The SQ will pull you over anyway, they are not parked at the plaza but at the side of the road before the plaza.  pulling into the plaza just gets you and them off the busy road.  If they don't follow you to pull you over you can just keep driving through anyway. 

5 hours ago, Mikeeastern said:

Was the child born after you were DQ? How did you add them to your file? Did you just do it at the embassy? 

The child was born way before we were even married.  So all the paperwork was filed with USCIS at the same time mine was. 

5 hours ago, darth vader said:

Congratulations on the approval. What proof of intent to reestablish domicile did you provide at the NVC stage?

At the NVC stage we provided nothing except a explanation that we intend to sell our house in Canada to purchase in the usa. 

8 hours ago, CGs_Mother said:

 

I think I'll risk the drive. I'd rather be anxious about getting pulled over every 5 minutes and arrive on time than be anxious about being forced to stay another night in Montreal under a time of curfew.

 

If anyone has driven in from Ontario for their interview since the Stay At Home Order (or if you are driving into Montreal between now and next Tuesday) can you let us know how your experience with the OPP/SQ was? Thanks. 

My interview was this morning. (More on this when I have a moment)  Just got home from my 8 hour drive.  I was pulled over crossing into Quebec with my Ontario plates.  There is a small service plaza right past the sign on the 401, do yourself a favor if you see police sitting there at the sign, just pull in and explain where you're going. I showed them my letter and was on my way.    On my way home I slowed through the checkpoint, but he didn't ask anything and just told me to have a nice day.  Quarantine when returning from another province is Not mandatory in Ontario so it was a quick easy process

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. 

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.  

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. 

12 minutes ago, Jay&Sid said:

We are also booked with him. Should we checked in with dynacare with 1 hour interval from Dr appointment ? 

I would.   

Had my medical with Dr. Zatzman in Toronto today (interview is on the 26th). Took a hour at his office, people were lines up down the hall just to get checked in, although they seemed to be calling us in appointment order.  had to wait 3 hours to have the blood work done, xray was super quick and they gave me the CD.   Highly recommend using the check in service on the dynacare website to expedite the lab work process.  

I missed one of my daughters immunization that she needs, so have to have that done and report back to him before he can send it off. 

Super excited for next steps!  Seems sureal to be this close to the end of this long drawn out process.  

I have searched the FAQ and the threads but can't find a specific answer.   My interview is next month and in the interview letter it said to bring all birth certificates even for children not immigrating.   Can anyone tell me do these need to be long form or will the short form be enough? 

I had to request my long form one recently (NVC accepted my short form one and after reading the forums and others suggestions I decided to take no chances and have the long one ready for interviews.) and it took them nearly a month to get it to me. 

1 hour ago, Abhikochar said:

Hey guys, we have a bit of a situation on our end. All this while we were waiting for my husband's interview. We finally got the IL in Feb for interview on March 26th. But his Canadian police clearance doc expired in Feb 2021. My husband went to get a new police clearance the day he received the IL, but UPS probably lost it as we still haven't received it. So my husband got another one done yesterday which might not arrive before his interview date. Has anyone been in this situation having to go to interview with an expired police clearance cert? Do they even interview you or do they send you back? I am anxious at this moment. Not sure if we should just wait and keep this Interview date and mail the consulate the new police clearance after the interview is done or should we ask for another interview date? 

Please advise your thoughts if anyone has gone through this situation. 

I've seen this answered here lots of times.  They will just have you provide a updated one after the interview.  Not a huge deal, just delays your process a bit.  No need to cancel the appointment, I would still go, you've waited long enough! 

5 minutes ago, CrystalNeufeld said:

We had an original DQ of July 8 but then needed us to resubmit one document. Then we got another DQ letter for August 19. 
The last person I talked to at NVC said theyd go off the August date but before they had said the additional document wouldnt change it. I was going off what I was told last of my DQ date but Im assuming that she gave me wrong information and they actually went off the first DQ date I was sent. It was all confusing!

Well that's awesome things are moving and you got a decent notice to your interview date!  Now I'm excited it won't be long for my case!  Waiting has been the hardest part.