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Moving back to US from Canada. I am a dual citizen. She is Canadian. Our son.....?

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  • Moving back to US from Canada. I am a dual citizen. She is Canadian. Our son.....?

    First, I'd like to thank you for all for any advice you can give.

    We currently live in Alberta, Canada and want to move to South Dakota. My wife is Canadian. We were married in Kansas 10 years ago. I immigrated to Canada shortly after in 2007, as a permanent resident. I have since attained dual-citizenship. We had our son here in 2012. He is entitled to dual-citizenship as well but we haven't done anything for his United States side of things yet.

    Now, I have come to understand that I need to fill out form I-130 and I-130A for my wife and myself. Are there other forms I will need to fill out before we cross the border with all our possessions? I assume there must be a form for our vehicles and household goods?

    The question also comes up about my son. Some research says I only need to apply for a United States passport for him. Others say I need to fill out a separate form 1-130 for him. Any clarification on this would be much appreciated. Is there anything I have completely missed?

  • #2
    "A child of a U.S. Citizen Parent and a Foreign National Parent who is born in wedlock outside of the United States or its outlying possessions acquires citizenship at birth if at the time of birth the U.S. citizen parent had physically present in the United States for at least 5 years, including at least 2 years after 14 years of age"
    Paraphrased from https://www.uscis.gov/policymanual/H...-Chapter3.html which cites INA301(g) While it plausible that you were married prior to age 16, which is permitted in the state of Kansas with parental consent, I'm going to go out and a limb and guess you had met the physical requirements to transmit your citizenship to your son. If so, you and your wife can jointly apply for his passport at a US consulate

    You will file I-130, the immigrant relative petition for the benefit of your alien spouse. There are a number of supporting documents and forms you should be aware of, please read the form instructions carefully

    This link has a good writeup about bringing your car in from a Canadian's perspective https://www.snowbirdadvisor.ca/how-p...-car-us-canada You might just end up deciding to sell your car there and buying an American car, if proving that your car meets US DOT (FMVSS) and US EPA requirements.

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