International Issue Moving Canadian children to the U.S.

[GDFS]

Hi. I am new to this so please bear with me. I have been dating a man from the states for a year now and we would like to get married and live in the U.S. He is an American citizen and I am a Canadian citizen. It is my understanding we can marry in Canada and that will make it okay for me to move to the states. Is this correct? If so that's the easy part,lol, after that I am lost as to what I need to do to stay and work there. Now here is the hard part and I have read all the letters but saw none that applied to this. I have two teenage boys who would naturally be coming to the states with me. What do I need to do so they can live and go to school there? Sorry I am sure you are getting tired of these marriage questions but if you could outline for me what we all need to do to become a family it would mean so much. Thank you.

 

[NYClex]

You have to obtain a visa to live in the United States. Your children then will get a derivative visa based on the visa you have. There are three ways to come to the U.S.:

-You can enter before you marry with a "fiancee" visa, K-1. With this visa you have to marry within 90 days and then apply for permanent residency.

-You can marry outside of the US (or in the US for that matter and then leave again) and apply for a "K-3" Visa. Once you have this visa you can enter the US and then apply for permanent residency.

-You can directly apply for permanent residency outside of the US and wait outside of the US until your visa application is approved.

The K-1 and K-2 Visa only take a few weeks to get, the third option takes 6 months or longer.

If you chose to apply for the K-1 or K-3 then, once married and in the US, you have to apply ofr "adjustment of status" to permanent residency. That will take between 1 and 2 years, but you are allowed to live and work in the US during that time (you would need to apply for a work authorization as well, but it will be granted).

The children, as long as they are under 18, will get the same kind of visa as you do.