How to plan paternity leave with my US fiancee?

[lucky_guy 0]

Dear Visa Journey,

 

Thanks for your help figuring out that I don't need a special visa to get married in the US, so long as I plan to return to Canada. But we are now thinking ahead to a baby we are planning next year. We are getting married in the US in May 2019, and hoping to try for a baby arriving around the end of 2019. She wants to have the baby in the US before we both move to Canada later.

 

I have a generous paternity leave policy at my workplace that allows me to take leave for about a year. I want to take advantage of that policy, but it is longer than the time that I would be allowed to stay in the US under a tourist visa. However, I intend to return to my Canadian job at the end of my leave and would receive paid time off for the first few months of that.

 

The K-1 doesn't really seem made for this situation. I need a visa that allows me to visit for about 12 months while employed in Canada and receiving benefits as a Canadian -- like some kind of extended visit visa. But I don't need to be on a track for citizenship. What's more important is, because we can't be sure exactly when she'll deliver, I'm hoping there is something that offers flexibility as to when I would arrive to take up the visa.

 

Does anyone here know if such a visa exists for a long 12-month visit for new parents? Thanks in advance for any help you can offer.

 

Sincerely,

A Lucky Guy

[EM_Vandaveer 2,408]

There is no such thing, unfortunately.

[geowrian 22,337]

Nope, no such visa exists to be a visitor for that period of time. There are visas for other purposes that let you remain in the US for that long, but they are generally for students, work visas, etc.

If your employer has a US based office, you may consider doing an L-1 visa to transfer to the US office. That would work, but relies on having the US branch + being in an eligible type of role.

Assuming you don't want to work for a US employer (likely via NAFTA/TN status since Canadians are able to get one fairly easily) the best you can do is visit for whatever period CBP grants you (usually 6 months unless you've already spent a considerable amount of time within the US).

[NikLR 13,227]

If she's eventually planning on immigrating to Canada why not do that first? Canada has great maternity care, it won't cost an arm and a leg.  Plus it's easier to get a CRBA than it is to get Canadian citizenship after the fact.  

[Ontarkie 14,234]

Staying in the US that long will cause you to lose many Canadian benefits. You can't be gone a year and expect to keep it all. 

 

Oh and as someone who has had kids in both countries. I'd pick Canada to have deliver in. 

Edited July 28, 2018 by Ontarkie

[lucky_guy 0]

Rats, well, thanks for letting me know. I'm a faculty member at a Canadian university, so I can't easily uproot, and we don't have a US branch. However, I do wonder if there would be some kind of status that my fiancee's university could set up for me? Something for a visiting professor retaining ties to a home institution - I'll bet something like this exists to support sabbatical visits? The problem being of course, I woudn't actually be on sabbatical.

 

It's a nice idea about her moving up here, but my fiancee has a killer job and wants to rack up a few years experience under her current title before moving to Canada. She's also reluctant to take any of her (much shorter) mat leave up here because she wants to stick with a single doctor, and who knows what complications would exist for her postpartum health care coverage being up here temporarily...

[geowrian 22,337]

J-1 maybe?

https://j1visa.state.gov/programs/short-term-scholar/

[lucky_guy 0]

J-1 looks promising, but it says on that page that the maximum duration is six months - would it be likely that the six months could be held successively with a tourist visa?

[NikLR 13,227]

5 minutes ago, lucky_guy said:

Rats, well, thanks for letting me know. I'm a faculty member at a Canadian university, so I can't easily uproot, and we don't have a US branch. However, I do wonder if there would be some kind of status that my fiancee's university could set up for me? Something for a visiting professor retaining ties to a home institution - I'll bet something like this exists to support sabbatical visits? The problem being of course, I woudn't actually be on sabbatical.

 

It's a nice idea about her moving up here, but my fiancee has a killer job and wants to rack up a few years experience under her current title before moving to Canada. She's also reluctant to take any of her (much shorter) mat leave up here because she wants to stick with a single doctor, and who knows what complications would exist for her postpartum health care coverage being up here temporarily...

Then perhaps waiting to start a family would also be beneficial for her job? The thing about immigration in either direction is that they don't care about our needs and wants, just legalities. Spend more than 182 days outside of Canada and you lose your residency regardless of citizenship.  That means no health care.  (Which is very expensive down here. )  it also means you may have to file taxes in the USA... 

TN visas are likely your best option but either way one of you will be immigrating in a direction, so someone has to start over.  Unless you plan on staying apart until you retire.  

I moved to the USA because hubs has a job that paid double what mine did (now triple.) 

[Lemonslice 4,859]

14 minutes ago, lucky_guy said:

Rats, well, thanks for letting me know. I'm a faculty member at a Canadian university, so I can't easily uproot, and we don't have a US branch. However, I do wonder if there would be some kind of status that my fiancee's university could set up for me? Something for a visiting professor retaining ties to a home institution - I'll bet something like this exists to support sabbatical visits? The problem being of course, I woudn't actually be on sabbatical.

 

It's a nice idea about her moving up here, but my fiancee has a killer job and wants to rack up a few years experience under her current title before moving to Canada. She's also reluctant to take any of her (much shorter) mat leave up here because she wants to stick with a single doctor, and who knows what complications would exist for her postpartum health care coverage being up here temporarily...

She should be eligible to extend her leave, without pay, and visit you. You visit right after the birth, she visits your a few months later.  You'll both have to be a bit more imaginative and flexible about how to do things, if you're planning to be a family living in different countries.

Edited July 28, 2018 by Lemonslice
Comma-tozed

[JFH 12,190]

It seems like you both want your cake a d to eat it. Immigration doesn't work like that. You want to maintain your Canadian benefits and residency whilst quasi living in the US (anything over 180 days here is considered living here for taxation purposes). Your wife wants to keep her "killer" job but is planning to take a break to have a child and then move to Canada anyway. 

 

Immigration is a grown-up game and requires grown-up decisions. Even more so when a child could be involved in the mix. We have to accept that what we want is often not possible. Being apart for months or more is not uncommon. But no one has died from separation during this process. Personally I think the most responsible thing would be to wait until you are both legally resident in the same country before you bring a child until the world. What's the rush? Speaking as the child of an absent father, I wouldn't recommend anyone plan to have a child knowing that the two parents won't be living together when the child comes. 

[Dee elle 1,368]

1 hour ago, lucky_guy said:

Dear Visa Journey,

 

Thanks for your help figuring out that I don't need a special visa to get married in the US, so long as I plan to return to Canada. But we are now thinking ahead to a baby we are planning next year. We are getting married in the US in May 2019, and hoping to try for a baby arriving around the end of 2019. She wants to have the baby in the US before we both move to Canada later.

 

I have a generous paternity leave policy at my workplace that allows me to take leave for about a year. I want to take advantage of that policy, but it is longer than the time that I would be allowed to stay in the US under a tourist visa. However, I intend to return to my Canadian job at the end of my leave and would receive paid time off for the first few months of that.

 

The K-1 doesn't really seem made for this situation. I need a visa that allows me to visit for about 12 months while employed in Canada and receiving benefits as a Canadian -- like some kind of extended visit visa. But I don't need to be on a track for citizenship. What's more important is, because we can't be sure exactly when she'll deliver, I'm hoping there is something that offers flexibility as to when I would arrive to take up the visa.

 

Does anyone here know if such a visa exists for a long 12-month visit for new parents? Thanks in advance for any help you can offer.

 

Sincerely,

A Lucky Guy

No such visa... 

[lucky_guy 0]

That is a great suggestion about the TN - her university might sponsor me - and I'm also circling back to the K-1. Once it graduates to the CR-1, it seems like I can come and go as needed for a period of a couple of years. So long as I leave before it expires, it seems like all would revert to normal for me afterwards (notwithstanding needing to reinstate benefits / tax residency in Canada), or I could opt to pursue permanent residency if it made sense at that time. Anyway, thanks for the suggestions, all.

[Roel 7,192]

1 hour ago, lucky_guy said:

That is a great suggestion about the TN - her university might sponsor me - and I'm also circling back to the K-1. Once it graduates to the CR-1, it seems like I can come and go as needed for a period of a couple of years. 

 

K1 doesn't change into cr1 in any way. It's either k1 or cr1 visa. 

 

Maybe you mean the green card- but you can't really come and go as you please with it. Being out of the US on green card for more than 6 months rise questions about your residency, being away for a year might be considered as abandoning the residency. Claiming the residency /benefits in Canada while holding the US green card will also mean abandoning that residency. 

 

Once you have a green card you can apply for reentry permit that allows you to be away from the US for 2 years.

 

Also coming and going to the US, using the green card like a torusit visa will also be heavily questioned. 

[NikLR 13,227]

To add on to Roel's post, the CR1 is an immigrant visa.  Once you activate the visa you are a resident of the USA and no longer a resident of Canada.  It also requires something called removal of conditions to go from a conditional 2 year green card to a 10 year green card. 

 

What you two want, unfortunately, will not work how you wish. You can visit each other but you cannot live together.  Your entrances in either direction will be scrutinized by customs and immigration. It's possible to be denied entry as well.  If allowed in, your time in either country will be limited by several factors, not the least of which is the CBSA or CBP officer's discretion.  If you choose to get married and have children while living apart you will be raising this child separately for portions at a time.  I cannot explain how difficult this is.  My own child chose to live with the other parent when I moved. (Yes a choice was allowed for many reasons.)  Putting her on a plane to leave for months at a time spirals me into a depression I did not have before immigrating.  She's a teenager and changes much slower than a baby does. So much happens in their first years, you will NOT want to miss a moment!

Being with someone from another country takes a lot of work regardless of if you decide to immigrate or obtain work visas or just visit.  

Edited July 29, 2018 by NikLR