CDN citizen, with US kid..moving back to CDN...need help!

Ok I came here in 2004 for a visit. No stamps or visas bc i was visiting. I married five months later to a US citizen. we have never filed anything b/c I was always on the fence about moving back home. Well we have a 2 1/2 year old and are separating, and I need to move back. THe kid was born in Texas also. I also have NEVER went back to Canada since 2004. What kind of hassle am I going to get crossing the border with a child that is a US citizen, and I overstayed? I also have to bring back the child every other month once I get back to Canada for visitation. Will this be a problem? any thoughts and suggestions would be great. This is happening all so fast and lots to think about.

Presuming you have iron-clad approval from the other parent to bring him into canada, yo ushould have no problem crossing into canada, as you will not encounter a US border agent.

You should be filing for proof child's Cdn citizenship -- s/he is Cdn by birth.

However, be warned that you are quite likely to be denied re-entry into US, should you try, since there will no doubt be a record of your overstay. Also, if you then have to send the child on their own, you risk not being able to retreive him if bad blood arises.

I would be seeing a US immig atty BEFORE leaving US soil, to determine what the consequences of 5 years overstay would be.

Too bad... if you had played this by the books, you would be a US citizen by now, and wouldn't have to worry about any immigration issues.

Yes too bad, but things don't always work out you know. It was financial for the most part, and some people just don't realize when you don't have the money you can't always do what is best.

Well, its going to cost you now, travelling back and forth and all (if you are allowed to). I trust you won't think that the cost will outweigh obeying the law in that regard.

You said you were illegal because "I was always on the fence about moving back home", not "because I was poor". I usually find people post their true reason first.
A kid costs money, too. I hope you don't skimp on that as well.

I would recommend a notarized letter of consent from the father allowing you the child to travel with just you. If you can swing a blanket one that states the he is the father and that you have his consent and that you are the primary caregiver with sole custody.

The child is canadian as you are so the child entires by right...you just need proof its your child..so bring birth certificate - long form - showing parents...and obviously your proof of citizenship.

Otherwise you should be fine. Your stuff can also return to canada duty and tax free up to 10k per item as you have been the abroad over 1 year. check out my site for more info. hope this helps.