Pregnant. Now what?

[chupie doo 0]

I posted here a few days ago. I am a Canadian and I came to visit my boyfriend for a couple of months to see if the relationship will work out while living together as opposed to long distance relationship. We are very happy and in love. We decided to get married. We told our parents and were looking into the best way of making it happen. We agreed that we will get married in September or October and then apply for adjustment of status (I can legally remain in the US until mid-November).

However, yesterday, I found out that I am pregnant. I am still in shock. I thought our situation is complicated earlier (because, really, immigrating is hard on so many levels) but now I am so overwhelmed that I do not even know where to start.

Can anyone shed some light on what to do now? Perhaps someone is/was in the same situation?

Right now, we are thinking of getting married in September and applying for green card asap. I think I have no choice but to have the baby in Canada. I think I am due on April 1 (give or take). Do I have to leave the US before mid-November and then be away from my boyfriend/husband until I have the baby? That is so heart breaking. Will I be able to visit at least?

[d3adc0d3 186]

If the foreign fiance(e) enters the U.S.A. on a visa which is not a K1 or immigration visa with the intent to immigrate that is visa fraud and they can ban him/her from ever entering the U.S.A. again.

There are two types of visas which apply to your situation. The K1 Fiance/Fiancee visa, and the CR-1 spousal visa.

The K-1 visa petition is typically processed in 5-8 months, depending on service center and processing times. This is typically the fastest way to immigrate your intended to the U.S.A.

For the K1 Visa you must meet the following requirements:

• You (the petitioner) are a U.S. citizen.
  
• You intend to marry within 90 days of your fiancé(e) entering the United States.
  
• You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
  
• You met each other, in person, at least once within 2 years of filing your petition.
  

You must prove that you've met. Passport stamps, boarding passes, timestamped photos of you two together in the period between your visit, rental agreements/hotel arrangements with both your names on it, affidavits from your parents, etc.

The CR-1 visa can take anywhere from 5 months to years, depending on the circumstances.

The K-1 visa process tends to go like this:

• Apply for K1 visa (petition)
  
• Get response of its acceptance in about 2 weeks (Notice of Action 1 aka NoA1)
  
• Wait 5+ months
  
• Get response of Request For Evidence (RFE), or acceptance/denial (NoA2).
  
• If approved, your case is forwarded to National Visa Center (NVC) for review and processing (usually takes about 2 weeks if there are no issues -- NOTE: there's a recent delay, now they're saying up to 8 weeks, but this may only be related to TSC transfers)
  
• Case forwarded to beneficiary's local embassy/consulate for interview scheduling (if NVC finds no issues)
  
• Packet sent from embassy/consulate to beneficiary, this often contains a list of documents that you'll need to bring with you for the interview and instructions/payment options/etc. The interview is typically scheduled between 4-8 weeks from when the packet was sent to the beneficiary.
  
• Interview -- this is where you get your visa approved/denied/request for more paperwork/etc.
  
• Visa received -- this can either be handed to you at the consulate/embassy (not often), mailed to you via courier, or in some countries picked up at your consulate/embassy.
  
• Immigrate to the US.
  

From the timelines I've seen for people who've gone through the process it typically takes 8 months to a year from the point of acceptance for your I-129F to your Date of Entry on the K1 visa.

Once you enter on your K1 visa you will have to marry within 90 days of the beneficiary's date of entry on the K1 visa, and you'll need to file for an Adjustment of Status (AoS), this can be done at any time after your marriage, however the beneficiary will not be able to work or travel outside of the US until his/her status is adjusted or you are granted an Employment Authorization Document (EAD). If you are granted his/her AoS prior to being married for 2 years, he/she will need to apply for a Removal of Conditions (RoC) in 5 years, as he/she will be granted a "Conditional Green Card" (CGC). If you're granted his/her AoS after the 2 years of marriage this will not be an issue.

I don't know enough about the CR-1 process to help you there, but you can view the CR1/IR1 guide.

Edited July 26, 2013 by d3adc0d3

[Harpa Timsah 13,258]

You are in the US now? Then marry and apply for adjustment of status now. You can stay. You should have the GC in time for April, or you can look into giving birth here. When you marry you should be able to be added to your husband's insurance, does he have insurance?

[Lemonslice 4,960]

You are in the US now? Then marry and apply for adjustment of status now. You can stay. You should have the GC in time for April, or you can look into giving birth here. When you marry you should be able to be added to your husband's insurance, does he have insurance?

Two important things to think about though:

- If you stay that long in the USA, unless you fall is some specific situations, you will lose your health care back in your province (some states have pregnancy health care, but I am not sure about the details)

- You are not able to visit Canada (or another country) and come back to the USA until you have your some authorization/Green Card in hand.

Edited July 26, 2013 by Boston~Montreal

[NikLR 13,232]

If you want to have the baby in Canada you will have to do the k1 or CR1 route. You can have the baby in the USA if you get married and AOS. I suggest really good insurance. When you become a US LPR, you lose your residency to Canada and all health care benefits. Doesn't matter that you're still a Canadian Citizen. When you adjust status you have to wait until you have AP to leave the USA or else your AOS is considered abandoned.

I suggest deciding quickly.

The alternative route would be also get married, start the CR1 process, but wait until after the baby is born and you can obtain the CRBA before going to the interview in Montreal and subsequently moving to the USA.

You can always visit the USA but of course you need to show proof of your ties to Canada if asked. Always tell the truth about the reason for your visit. They can deny entry, which would not harm an immigration process, but should they ban you, that certainly would.

Edited July 27, 2013 by NLR

[chupie doo 0]

You are in the US now? Then marry and apply for adjustment of status now. You can stay. You should have the GC in time for April, or you can look into giving birth here. When you marry you should be able to be added to your husband's insurance, does he have insurance?

Yes. I am visiting in the US now. As mentioned earlier, it was supposed to be just a couple of months in the summer to spend more time together. We then decided that we want to get married and later apply for the adjustment of status. However, now with the baby, everything's changed.

Yes, he does have an insurance (private, not through his work). He is trying to find out about me getting added to his insurance once we get married.

Honestly, super overwhelmed here. I never thought I would marry and would have to deal with all the immigration stuff, let alone having a baby!

[NikLR 13,232]

now you have all 3 on your plate at once! WOW!

Congrats btw

[chupie doo 0]

now you have all 3 on your plate at once! WOW!

Congrats btw

Thank you! I know, right? Talking about 2013 being a big year! haha

[Udella&Wiz 325]

Two important things to think about though:

- If you stay that long in the USA, unless you fall is some specific situations, you will lose your health care back in your province (some states have pregnancy health care, but I am not sure about the details)

- You are not able to visit Canada (or another country) and come back to the USA until you have your some authorization/Green Card in hand.

Agree on both points - if the OP is already in the US and thinking of continuing to stay in the US, marry and then apply for Adjustment of status to obtain her GC then she will have been away from Canada for over 8+ months by the time her due date roles around and provincial healthcare isn't an option.

During the Adjustment of status/GC process she cannot visit Canada (or leave the US period) until her Advance Parole/EAD card arrives.

To the OP - if you're planning on marriage in the us and then AOS to obtain your greencard, hopefully you can be added to your husband-to-be's insurance. Marriage is generally an eligible Life event for health insurance changes. Or you maybe have to apply for your own private insurance. Obviously going through a pregnancy without insurance would be ill advised.

[chupie doo 0]

Thanks everyone. We're still brainstorming but your responses are very helpful.

[stevie b 141]

Yes. I am visiting in the US now. As mentioned earlier, it was supposed to be just a couple of months in the summer to spend more time together. We then decided that we want to get married and later apply for the adjustment of status. However, now with the baby, everything's changed.

Yes, he does have an insurance (private, not through his work). He is trying to find out about me getting added to his insurance once we get married.

Honestly, super overwhelmed here. I never thought I would marry and would have to deal with all the immigration stuff, let alone having a baby!

make sure insurance policy in full is reviewed.. many will have disclaimers for a pregnancy within a given timeframe

[worrywart2013 2]

Congrats on the baby.

Can't offer any advice over what the others have already offered, just experience:

My wife came to the US from Canada same as you: Long distance relationship (internet) wanted to see how it worked. We ran off got married with only our close family even knowing. Never intended to stay in the US, she was to go back and help me file for a Canadian PR card. Found out she was pregnant shortly before she was due to head back up and the doctor told her she didn't advise travel for several weeks cause of the pregnancy being high risk. Scramble to get an AoS filed before she over stayed. Kind of funny watching the govt. agent that did her GC do the mental math to figure out when she got pregnant versus when she entered the US.

[chupie doo 0]

Congrats on the baby.

Can't offer any advice over what the others have already offered, just experience:

My wife came to the US from Canada same as you: Long distance relationship (internet) wanted to see how it worked. We ran off got married with only our close family even knowing. Never intended to stay in the US, she was to go back and help me file for a Canadian PR card. Found out she was pregnant shortly before she was due to head back up and the doctor told her she didn't advise travel for several weeks cause of the pregnancy being high risk. Scramble to get an AoS filed before she over stayed. Kind of funny watching the govt. agent that did her GC do the mental math to figure out when she got pregnant versus when she entered the US.

Did you guys have the baby here or in Canada? We are currently discussing options. With no medical coverage here for me, we might just have to live in Canada for a while. Apparently, even after we get married, I cant be added to his insurance At least, in Canada, I have free health care for me and the baby. Tough choices ahead

[canadian_wife 1,827]

You have free health care as long as you are a legal resident of a province. If you file for a green card, you'll lose your provincial health care because you are no longer qualified since you are a resident of the US.

Be careful not to overstay, I know you have tough choices and I am sorry about that. Please be cautious and plan around your legal stay in the US and offering your baby the best medical coverage.

What state are you in? You can speak to your doctor and often if you do not have insurance you can be put on a cheaper payment plan. What is the reason you cannot get on the insurance? Is it because you are pregnant? Could you and the baby get on after a Cr-1 visa has been issued and you return to the US as an immigrant?

good luck

Edited July 29, 2013 by canadian_wife

[Autumnal 25]

Congratulations on the baby.

You are not the first Canadian to go south of the border to be with your significant other, discover something major, and have to decide whether or not you want to stay in the country or return to Canada. I'm one of that pack, and I know three other couples who were in the same position. Don't pay too much attention to the fearmongering about visa fraud at the moment. Pregnancy isn't something which comes along in a neat box, planned and dated.

Your first decision, and the biggest one: do you intend to go back to Canada or do you intend to stay in the US?

Go Back to Canada: Then follow the steps to get your K1 visa. You can visit the US freely as long as you declare honestly what you are. The upshot is that you can probably have the kid in Canada. On the other hand, you're going to be running around trying to do things while pregnant. This isn't easy if you're approaching your third trimester and it may be a toss up which happens first. Is convenience an issue? Can you get mat leave or afford to stay in Canada on your own? Note, once you've gone back to Canada, the "stay in the US and file inside option" is technically lost. You can't come back and apply from inside the US without technically violating visa fraud because you were intending to apply to stay.

Stay in the US:

If you want to stay with your SO in the US, then you are basically committing to marrying, and co-filing I-130 (Petition for Immigrant Spouse) and I-751 (Adjustment of Status - Visitor to Permanent Resident). Regardless of what anyone else may tell you, this is completely legal if you entered the US without intention of overstaying your tourist visa and you were planning on doing things "right." If you were having a vacation hanging out with your boyfriend/fiance to see if being in the US was for you, and you're not working or studying, that's not illegal. Pregnancy happens - this is a totally legit reason to get hitched now and move on the LPR application. Canadians don't require visas to cross the land border. We don't get entry stamps. Our path to permanent residency can happen from visitor.

If you decide to get married, put aside plans for something fancy and elaborate. Get yourselves to a courthouse or have a simple wedding as soon as possible! This is important. If you leave the indication that you were planning something big, you leave yourself open to an immigration officer questioning if this was a spur of the moment thing based on a positive pregnancy test or a gambit months in the making. You can do a nicer ceremony after. Priority for you two needs to be getting married asap, putting together the application, and applying for Advanced Parole as part of your petition. Advanced Parole will allow you to cross the border to Canada while your AOS is being processed. The California office is really quick compared to others, for what it's worth, so you may not have the year long slog it took me living in Chicago (central region = huge case load = sucky).

The headaches are basically all at the front end -- getting together the paperwork, filling out the forms, cobbling together the support affidavit, and evidence of marriage/legit relationship. But with help from your family on the other side of the border, as need be, it can be pretty straightforward. PM if you need suggestions or help and the VJ forums or forms aren't sufficient. I can provide insight. Second thing, if your spouse is working, you qualify for his health care coverage even if you are in immigration limbo from visitor to PR, because you're married. That insurance counts for you. You cannot work on your own until you get an approved EAD (employment authorization document) though, this is important to be aware of. APs and EADs come quickly, though; my timeline lists how fast I received them. Other people get them processed in a reasonable length of time.

It's a big decision and one you can't leave for several months. My ex and I ended up marrying about 6 weeks after he came back to the US because I (the Canadian citizen) got in a car accident that rattled us up enough to pursue marriage. So much for the off-semester trip to help him settle in and go back north across the border to do it the standard K1/CR-1 route! But it never impacted my ability to get my residency, conditional residency lifted, or my naturalization. The keys here -- prove you have a real relationship, which isn't hard to do; get settled on the route you want now; and show this was an unexpected change.

Are you sure you can't be added to his insurance while married? Most insurance companies do allow non-citizens to be added. You are a legal alien while your application is in process -- I had a nice long chat with Aetna about that when I first joined my husband's insurance plan as my immigration was in process. I didn't need a green card; we did, however, provide other useful information (notably the case number and my SSN) to demonstrate that I was legitimately in the country. A marriage should count as a qualifying event for him to add you to his plan, as well.