moving with kids from a previous Canadian marriage

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jessanNew Member
Topic author
Posts: 5
Joined: 5 Apr 2009

moving with kids from a previous Canadian marriage

Post Sun Apr 05, 2009 6:28 pm

I am a Canadian citizen who wants to move back to the US (lived there for 2 years as a child.)

I'm a writer and would like to know if I can purchase a house,and support myself without taking an American's job, will they allow me to stay on a permanent basis or does the 6 month thing still apply?

How do you actually immigrate to the States? (Am I at a disadvantage for this since I'm from Canada and not a refugee?")

I'm willing to apply for a TN1 but how hard is it to get it renewed every year without having to come back to Canada and start over again?

There's one speed bump in my get up and go that I'm not sure anyone will know the answer to...I'm divorced and have two children that I want to come with me. Is this an issue? If so, is the issue with the US immigration or just my ex-husband?

Thanks for any info anyone can share. This site gives me hope! :D
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StevenCanuckAbroad VIP
Posts: 3635
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: moving with kids from a previous Canadian marriage

Post Sun Apr 05, 2009 9:49 pm

You're only allowed to stay for up to six months as a regular visitor and you can't work while you're there. The "I'm a writer/photographer/IT guy" question is quite a common one, basically it's illegal but it's not clear how they can stop you. But of course you will get quizzed at the POE about how you plan on supporting yourself, etc. while you visit and you must show proof of abode abroad and they'll usually want proof of funds as well if it's a long stay (cards are useless, you need a bank statement or similar proof).

How to immigrate into the US is a pretty broad question, you either need to qualify on an employment basis or family basis. The US immigration system (bizarrely) is slanted heavily towards family-based immigration, which basically means a member of your immediate family who is a US citizen (or in some cases, LPR) can sponsor you.

I can't think of any employment-based option for a writer unless you're a technical writer with a relevant degree.

The kids situation is effectively no different than if you were moving somewhere else in Canada, you need the other parent's consent (unless you have been awarded sole custody that doesn't it), CBP will generally ask you for proof of the consent when you enter the US.
Steve.
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jessanNew Member
Topic author
Posts: 5
Joined: 5 Apr 2009

Re: moving with kids from a previous Canadian marriage

Post Mon Apr 06, 2009 7:23 am

Thanks for your help and time Steve.
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