Canadian with adopted child divorcing American

[alligator3]

I'm a Canadian citizen with a permanent resident status in the US filing for divorce from my husband (american) of 7 years. We adopted a child (american citizen now) a year ago. I like to know how I can best proceed with these 2 issues? I want to obtain Canadian citizenship for my son and start the divorce proceedings. We both want to have an amicable divorce, anyone with a similar situation?

[AFFA]

I wish to inform you that you may file for divorce in the County Court of the place where you or your husband are staying. In the divorce decree you may request the Court permission to take the child to Canada and for sole custody of your adopted child. A child born outside Canada can be adopted by the direct route or by regular citizenship grant. In the direct route, the child can acquire Canadian citizenship before immigrating to Canada. In case of regular grant of citizenship, the process of naturalization is adopted.

AFF

[alligator3]

Originally Posted by AFFA I wish to inform you that you may file for divorce in the County Court of the place where you or your husband are staying. In the divorce decree you may request the Court permission to take the child to Canada and for sole custody of your adopted child. A child born outside Canada can be adopted by the direct route or by regular citizenship grant. In the direct route, the child can acquire Canadian citizenship before immigrating to Canada. In case of regular grant of citizenship, the process of naturalization is adopted. AFF

It is correct that once I have sole custody of my child and permission to take him to Canada, I can apply for his Canadian citizenship while in Canada? The way I've interpreted the information is, I have to start applying. I don't want to be in the US waiting for his Canadian citizenship approval after the divorce is final. The state where I reside, will take a least a year before divorce can be final.

[Friend In Court]

Originally Posted by alligator3 It is correct that once I have sole custody of my child and permission to take him to Canada, I can apply for his Canadian citizenship while in Canada? The way I've interpreted the information is, I have to start applying. I don't want to be in the US waiting for his Canadian citizenship approval after the divorce is final. The state where I reside, will take a least a year before divorce can be final.

If you have permission to travel to Canada with the child, you may apply for citizenship for him then. If your husband is amicable to your taking the child to Canada, that would simplify things.

[alligator3]

Originally Posted by Friend In Court If you have permission to travel to Canada with the child, you may apply for citizenship for him then. If your husband is amicable to your taking the child to Canada, that would simplify things.

Thank you Friend In Court, I'm glad I will be able to take my child to Canada for the application process. The estimated timeline to process the application is 18 months. Can my child stay in Canada that long on a US passport?

[Friend In Court]

For an answer to that you will have to check with the Minister of Immigration. Most likely since the mother is Canadian (you), you will not be required to leave the country while awaiting citizenship for your child.

Another thing I might mention is that when you decide to return, pick a small border crossing. The Peace Arch in Washington State is a training station for border officers and they are rigid, by-the-book at that station. Ditto, I believe for the one above Detroit. Pick a small border crossing is my suggestion where the officers are usually more relaxed.

[alligator3]

Originally Posted by Friend In Court For an answer to that you will have to check with the Minister of Immigration. Most likely since the mother is Canadian (you), you will not be required to leave the country while awaiting citizenship for your child. Another thing I might mention is that when you decide to return, pick a small border crossing. The Peace Arch in Washington State is a training station for border officers and they are rigid, by-the-book at that station. Ditto, I believe for the one above Detroit. Pick a small border crossing is my suggestion where the officers are usually more relaxed.

Thank you again, appreciate that information.