Legal Question in Immigration Law in California

Re: Child Immigration and Canada

If you're getting the K-3 visa for yourself and K-4 for your daughter, that will lead to the green card interview once you're both in the US. You can't have K-3/K-4 status indefinitely once you're here. Either you'll get the green card at the interview or be denied. If successful, you become a permanent residence of the US but still a Canadian citizen (as is the child).

Your question is unclear. Not sure what the legal concern is if the child's father (your future husband) brings her back to Canada. If you're worried about kidnapping, then both American law and Canadian law apply and would obviously punish him. The child has rights under American law just for living here, like anyone else residing in the US, but she would still has whatever rights as a Canadian citizen under that country's law. Only a Cannadian law expert can describe what those are.

Liem Doan, Esq.

Note: The above response is provided for legal information only and is not legal advice. Such advice can only be rendered after a client-attorney relationship has been expressly established.