TD visa for children

Moderators: Reba, TNVisaExpert

Postby Reba » Thu Aug 21, 2008 3:37 pm

You can't technically go from a TN to a K3, however, once you already have your TN, you can start the process for a K3 (or rather the CR1, which is the superior visa really, and processes in about the same amount of time, currently about 1 year for both actually thru Montreal).

Your TN will expire though before the K3 or CR1 is completed, so you'd have to leave the US and wait out the rest of the process, which will be a couple or few months, give or take. So if you really like your employer, you'd have to butter them up to allow you a leave of absence while you wait it out. Once an immigrant petition is in with your name on it, you wouldn't be able to renew your TN.

Your wife can sponsor you for either of the K3 or the CR1, (which both include the use of the I-130 petition, whether the US spouse is currently living inside or outside the US, doesn't matter) if she doesn't have any US income, you can get a co-sponsor. A co-sponsor can be ANY US citizen with income sufficient to support you. Doesn't have to be family, it can be a friend, or even complete stranger really, but I think that would be odd ;) Your wife would still be the primary sponsor, however the co-sponsor would then be taking on all the financial requirements, for a committment of 10 years.

Visa Journey is great. I've also BTDT with the whole spouse sponsorship thing, so I can answer almost anything immigration related (the process has changed a little bit in the past couple of years since I've been here, but its still basically all the same paperwork).

**edit to add**
actually, come to think of it, you can do Direct Consular Filing in Canada for the CR1 visa. Don't bother at all with the K3, it sucks. CR1 via DCF can be completed in probably less than half a year.

See the DCF forum at Visa Journey for info.
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Re: TD visa for children

Postby bmac1918 » Thu Jan 15, 2009 7:40 am

I have a tn visa, and will be working as a nurse in california. I want to apply for a td visa for my child(10yrs old), my child is presently living with me. We are both Canadian citizens. I have joint custody with my ex, what type of parental consent is required when applying for the td visa. What does the other parent have to do, does the other parent have to sign the td visa, write a letter of consent???. I expect problems with the consent.
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Re: TD visa for children

Postby Steven » Thu Jan 15, 2009 9:39 am

From an immigration standpoint you need nothing, it's a standard application. However under Canadian law you would need the consent of the other parent if you have a joint custody order, check with a family lawyer.
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Re: TD visa for children

Postby Reba » Thu Jan 15, 2009 3:01 pm

Immigration will definitely ask to see a letter of consent from the non-custodial parent that approves to move the child to the US. Even just for a vacation, they'll ask if the non-custodial parent is aware that the child is leaving the country.

Lots of parents kidnap their kids and try to cross the border, so I do believe it is law now for them to make sure the other parent is aware of the travel.
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Re: TD visa for children

Postby Steven » Fri Jan 16, 2009 9:36 am

Yes I was watching Homeland Security USA and they did exactly that for a woman crossing the border from Mexico. My mistake. But I'm pretty sure you need consent (or at least notification) to move anywhere, even in Canada, not just the US. The other parent has to be informed of what the residence address is.
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Re: TD visa for children

Postby Reba » Fri Jan 16, 2009 6:31 pm

Yeap, and if no consent, kids don't go.
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