Immigration Issues/Marriage to a Canadian with children
I am a born and raised U.S. citizen and have been engaged to a Canadian for the past year. We have researched and not been able to get clear answers on certain issues. First, would it be better (in time and lawyer costs) for us to marry in Canada, and wait it out through the I130 process, or for us to marry in the U.S. with the fiance visa process, etc. and why? Second, what specifically does the uscis require from her children's father allowing them to immigrate with her? We have been told that just a notarized letter signed by him would be enough, if he would be willing. However, our concerns are that the visitation would be a lot less (though we'd only be 3.5 hrs. apart) than what their original divorce decree states. Would the decree need to be rewritten, with the changes, or would the notarized letter with the details be sufficient to the uscis?
Thank You for your time.
You do not need the finacee visa. You can either marry there and then file for I-130 and K-3 visa or she can come here and after 60 days you can get married and file for her green card. This second option would get her physically here quicker but the first option would likely process a green card for her quicker.
As far as the issue with the kids, it is complicated because of the requirement sof the divorce decree. Normally, if the kids came with her here, they could get green cards here without needing anything from the father. But htat is proably not true when family court issues are involved. I guess it would have to be worked out through the divorce lawyers and an amendment of the visitation schedule.