Im lost and running out of time >>>PLEASE HELP>

[ChyXoX 0]

Hi there. I was wondering if anyone could help me as this is all new to me and im sooo lost. I met my husband two years ago. I am from canada, and he is a united states citizen. I came to america as we had plans to be married. I came in sept 29th 2012. When I got to america customs asked all these questions in which i told them the truth that we were getting married they stamped my passport with a B2 and stamped that on March 28th 2013 i was to leave. We were married on Dec,19th 2012 . which was the date i told customs. on Dec 23 we found out that we were also expecting. after much talk between him and I ... i feel that I will have to leave him and do this on my own. I wont be allowed to return till sept and the baby is due in August. I dont know what papers to file, what are my options as I do not wish to leave him. I do not want to give up Canada as I have two other children there and my family and dont want it to be an issue. I feel as if i am being made to split my family apart, I have been really stressed which in no way is good for the pregnancy or us. I feel as if I am in panic mode now. I think every time I look into this I start to feel like i cant breath.. my husband worried im going to drive my self nuts.

Please can some one help me figure this out and what should I do. He is worried that if I stay and over stay my time here that I wont be allowed to come back (which i know a about that)

[apple21 953]

You go back and have the baby in Canada. The baby will be a US citizen. All you have to do is file a Consular Report of Birth Abroad at the US Embassy in Canada. The baby will be issued a US passport.

In the meantime, your husband can file i-130 for you and your two children (if they qualify as stepchildren based on their ages at the time of your marriage). You will all immigrate together in more or less 12 months.

[SAT 9,609]

Chy. The first thing I'm going to tell you is. Don't let it stress you out. Think of your baby, and children.

Next, your post requires a multitude of answers. So you have to read what everyone says carefully.

Lastly. Let me ask you a question back.......(and there will be many more questions by others as well, most of it will be relevant).

My question is, What do you want to do? do you want to file for AOS from within the USA? or go back to Canada and have your husband petition you?

Oh, and as we become clearer of your intentions, your post will be moved to a more specialized topic area. There you'll find others in a similar situation

Edited March 8, 2013 by SteveAndTiff

[NikLR 13,227]

To be honest, having a baby in the USA is VERY VERY expensive. I do suggest that you have the baby in Canada for that reason alone. But for that you need Canadian health benefits. That doesn't mean he can come up for the birth or that you can't still go down and visit during the pregnancy. I'm not sure why you think you can't return until sept. As far as I understand the rule it's 6 months per calendar year, Jan1 to Dec 31. This year has barely started and you'll only be 4 months into the 180 days. That makes for several more short trips and he could come visit you as well. It'll be okay! You're not splitting your family, you're doing the best thing for it, legally and financially.

Should you decide to stay and adjust your status in the USA, you shouldn't leave until you are granted Advance Parole (which is advance permission to travel back to the USA before you are granted a green card.) AOS is quite expensive, but it saves you from being apart.

The CR1 process is pretty simple and we're currently doing it ourselves. I wanted to be able to travel and work as soon as I entered. I am bored out of my tree when I'm not working and my daughter has decided to stay with her Dad in Canada (to which I hope she changes her mind.) Because my intentions would be to immigrate when entering, we decided that I'd either be denied coming in or be committing fraud which is certainly NOT for us, so we went the legal route of the CR1 visa path. It's not a hard path to do, it can try your patience though. Because you have spent so much time together, you'll have lots of evidence to prove an ongoing genuine relationship. Montreal isn't a hard consulate, they're really only strict on the subject of domicile, but as your husband would be continuing to live in the USA, that woudn't be a problem.

Whatever you decide you can come here and we can try to help the best we can.

[Ontarkie 14,231]

~~~~Moved to General Immigration-Related Discussion, from Off Topic - As ChyXoX is still trying to find out what path to take.~~~~

[hikergirl 277]

Hi there. I was wondering if anyone could help me as this is all new to me and im sooo lost. I met my husband two years ago. I am from canada, and he is a united states citizen. I came to america as we had plans to be married. I came in sept 29th 2012. When I got to america customs asked all these questions in which i told them the truth that we were getting married they stamped my passport with a B2 and stamped that on March 28th 2013 i was to leave. We were married on Dec,19th 2012 . which was the date i told customs. on Dec 23 we found out that we were also expecting. after much talk between him and I ... i feel that I will have to leave him and do this on my own. I wont be allowed to return till sept and the baby is due in August. I dont know what papers to file, what are my options as I do not wish to leave him. I do not want to give up Canada as I have two other children there and my family and dont want it to be an issue. I feel as if i am being made to split my family apart, I have been really stressed which in no way is good for the pregnancy or us. I feel as if I am in panic mode now. I think every time I look into this I start to feel like i cant breath.. my husband worried im going to drive my self nuts.

Please can some one help me figure this out and what should I do. He is worried that if I stay and over stay my time here that I wont be allowed to come back (which i know a about that)

First off I would recommend that you start by reading the guides that are linked at the top of the page. So you know what kind of paperwork you would be looking at for your situation.

The choices of course are up to you and your husband. You have some things that you need to look into for either option (CR-1 or Adjusting Status from the US) such as Health Coverage for your pregnancy and the birth. You need to take some of the emotion out of it and try to look at things practically as well.

Being away from your husband would not be the end of the world. It would be hard but presumably he could visit you in Canada. Most of the people on VJ are separated from their loved ones waiting the immigration process to be completed and yes some of them are pregnant or have already had their baby (or two) while being apart.

The one thing that has me confused is you saying you don’t want to “give up Canada”. What do you mean by that? Are you not a Canadian Citizen?

Edited March 8, 2013 by hikergirl

[Married2009 32]

One more thing - to bring your other two children from Canada, you will have to have permission from their father. I am not sure what would be required exactly, but that is something you will need to look into, if you are planning to bring them.

Good luck and try to to stress (I know, easy for me to say, right?).