Please read...I need all the help I can get!

[Simply_Human 0]

Hello,

I am looking for some advice, and I'm hoping someone here can help.

I applied for a green card through DCF as my wife is a born American. We are currently living in Canada and plan on moving to her home town.

I went through the entire process and have completed port of entry and received my Green Card and Social Security card in the mail.

The dilemma is that she is currently 8 months pregnant. I really want to move to US now but there is no way we are going to risk a busy and life changing move during this pregnancy. Now on my Canadian passport there is a visa that was for the port of entry (I assume) for me to cross the border and gain my green card. The expiry of that visa is August 1st. Does this mean I need to move to the US before August 1st? I already have my Green card and I plan on moving within 3-4 months of the child's birth. What can do I to make sure my Green Card is not wrongfully taken from me.

I really don't want to loose my green card, and I also don't want to delay my move any longer. I am also confused on what the process will be for the baby?? Is the baby considered an American? Will I need to file some papers for him/her before the move for a passport? Will the baby have a dual citizenship?

In general this is really overwhelming for me as I have never had a major move and this is my first child. I've always gotten great advice and help from the people on this site and I am hoping they come through for me again.

Thank you in advance!!

[Anh map 2,098]

The child will need a US passport to enter the US. You will file for a Consular Report of Birth Abroad at a US Embassy/Consulate. All the info will be there on their website. There is also a process for the child to receive a Canadian passport.

You've got the green card. SO you've used the visa successfully. Staying out of the US for a few months is ok. How long are you expecting to be out of the US (continuously)?

[Simply_Human 0]

Well, I was last there in April, and we are expecting in the beginning of August. I feel that I have a legitimate reason considering that I am not going to make my wife help me pack and move furniture during this time, not to mention finding a new OBGYN etc. I just hope that once the baby is born and I've followed the procedure to obtain a US passport for the baby, that we have no issues moving to the US. I see this happening around October.

[Anh map 2,098]

Well, I was last there in April, and we are expecting in the beginning of August. I feel that I have a legitimate reason considering that I am not going to make my wife help me pack and move furniture during this time, not to mention finding a new OBGYN etc. I just hope that once the baby is born and I've followed the procedure to obtain a US passport for the baby, that we have no issues moving to the US. I see this happening around October.

You assessment of what is reasonable may not be the same as USCIS or CBP. More than 6 months can be an issue. Better to double check than to be delayed at the border don't you think?

[Simply_Human 0]

You assessment of what is reasonable may not be the same as USCIS or CBP. More than 6 months can be an issue. Better to double check than to be delayed at the border don't you think?

I agree, but I am not sure who to call or where to go to let them know of my situation and ask for an extension(if needed).

[Anh map 2,098]

I agree, but I am not sure who to call or where to go to let them know of my situation and ask for an extension(if needed).

Closest US consulate would be a good place to start.

[Harsh_77 718]

Hello,

I am looking for some advice, and I'm hoping someone here can help.

I applied for a green card through DCF as my wife is a born American. We are currently living in Canada and plan on moving to her home town.

I went through the entire process and have completed port of entry and received my Green Card and Social Security card in the mail.

The dilemma is that she is currently 8 months pregnant. I really want to move to US now but there is no way we are going to risk a busy and life changing move during this pregnancy. Now on my Canadian passport there is a visa that was for the port of entry (I assume) for me to cross the border and gain my green card. The expiry of that visa is August 1st. Does this mean I need to move to the US before August 1st? I already have my Green card and I plan on moving within 3-4 months of the child's birth. What can do I to make sure my Green Card is not wrongfully taken from me.

I really don't want to loose my green card, and I also don't want to delay my move any longer. I am also confused on what the process will be for the baby?? Is the baby considered an American? Will I need to file some papers for him/her before the move for a passport? Will the baby have a dual citizenship?

In general this is really overwhelming for me as I have never had a major move and this is my first child. I've always gotten great advice and help from the people on this site and I am hoping they come through for me again.

Thank you in advance!!

After receiving your visa - that is stamped in your passport did you make a trip to US and entered US using that Visa?

If yes and you have ceiveid your GC than that visa is no longer valid anyways, it was used up at time of your entry and expiry date on it would be irrelavnt.

In that case you should be looking at the expiry date of your GC.

I m little confused from your post..... if you have not used the visa stamped in your passport and you never entered than you will have to reach out to nearest consulate and explain them the situation and ask for another visa which would be for another 6 months.

[Simply_Human 0]

After receiving your visa - that is stamped in your passport did you make a trip to US and entered US using that Visa?

If yes and you have ceiveid your GC than that visa is no longer valid anyways, it was used up at time of your entry and expiry date on it would be irrelavnt.

In that case you should be looking at the expiry date of your GC.

I m little confused from your post..... if you have not used the visa stamped in your passport and you never entered than you will have to reach out to nearest consulate and explain them the situation and ask for another visa which would be for another 6 months.

Yes, I had the visa put into my passport, I went to a port of entry, and crossed and did the whole process to get my green card, I received my Green card in the mail a few weeks after. So you are right, I also figured that the visa part is done and I should not be concerned about the expiry date on it. But on my last trip to US, the border guard told me that my visa is expiring and I will need to extend it...he really confused me. I think he didn't understand that I was telling him I had already gone and completed me port of entry process and gotten my green card.

That caused some confusion for me, but after reading both your comments I think I don't need to worry about the Visa expiry date, but I do need to go the US consulate to speak to them about me delaying my move to the US for a few months due to the baby.

[D.K. 16]

I don't claim to be an expert by any means, but I'm sure that a prolonged absence from the US when in the possession of a greencard will cause you problems. Definitely discuss this at your Embassy, and also start packing whatever you can now so that's one less thing to worry about after the baby is born.

Is it possible for you to go to the US now? Do you have a residence there yet? If so, move a few non-essentials and get those out of the way now while also having it registered that you were in the US. That way, once you go back to Canada, the length of time you are out of the US starts over.

Edited July 1, 2012 by D.K.

[canadian_wife 1,829]

Yes, I had the visa put into my passport, I went to a port of entry, and crossed and did the whole process to get my green card, I received my Green card in the mail a few weeks after. So you are right, I also figured that the visa part is done and I should not be concerned about the expiry date on it. But on my last trip to US, the border guard told me that my visa is expiring and I will need to extend it...he really confused me. I think he didn't understand that I was telling him I had already gone and completed me port of entry process and gotten my green card.

That caused some confusion for me, but after reading both your comments I think I don't need to worry about the Visa expiry date, but I do need to go the US consulate to speak to them about me delaying my move to the US for a few months due to the baby.

If you already have your physical green card, are you presenting it at the border when crossing?

Good luck