Giving birth to baby in Canada while waiting for AOS interview

[Cndn 98]

Hi

 

I am almost 8 months pregnant. For many reasons I want to give birth to my baby in my home country (Canada) and not the US. I came to the US on a K1 and filed for adjustment of status. I am waiting for the green card interview. I have my advanced parole/EAD authorization card. My interview has not even been scheduled yet but I think it will take place some time next year. My question is would giving birth in Canada cause any problems with my immigration? Would they have some issue with me not giving birth in the US? 

Edited October 21, 2019 by Cndn

[zochu 255]

Are you guaranteed re-entry into the States with advanced parole? 

 

I don't think the Officers really care where you have your baby, I think the issue is, can you re-enter? If so, what happens if you miss your interview? How long will you have to wait for another interview?

 

I hope someone has a clearer answer.

 

Good Luck on immigration and the birth of baby 

[Cndn 98]

4 minutes ago, zochu said:

Are you guaranteed re-entry into the States with advanced parole? 

 

I don't think the Officers really care where you have your baby, I think the issue is, can you re-enter? If so, what happens if you miss your interview? How long will you have to wait for another interview?

 

I hope someone has a clearer answer.

 

Good Luck on immigration and the birth of baby 

Hey thanks for the response. I don’t think you are guaranteed entry unless you’re a citizen, however I have never heard of having an issue with using AP so enter the states. But you never know! Especially in these times where they seem to be making all kinds of changes. I’m not as worried about entering on AP as I am about the officer at the green card interview asking why I chose not to give birth in the US. I can’t see why it would be an issue except that it might look like I’m acting like a Canadian resident or something? That might not even make sense I’m just trying double check everything  

[zochu 255]

2 minutes ago, Cndn said:

Hey thanks for the response. I don’t think you are guaranteed entry unless you’re a citizen, however I have never heard of having an issue with using AP so enter the states. But you never know! Especially in these times where they seem to be making all kinds of changes. I’m not as worried about entering on AP as I am about the officer at the green card interview asking why I chose not to give birth in the US. I can’t see why it would be an issue except that it might look like I’m acting like a Canadian resident or something? That might not even make sense I’m just trying double check everything  

 

I'm not overly familiar with the K1/AOS route, but do you have to portray that you are only residing/living in the States and no longer your home country? Kind of like establishing domicile in the States?

 

I honestly don't think it would be an issue where you have your baby. You would/could lodge a CRBA, which can also indicate that you are planning on living in the States as you've made your child as US citizen by filing the application. Th eonly thing with that is that you need to wait for a birth certificate from Canada before you file the application. Also the US parent needs to be present at the Consulate when Baby has their day for citizenship. There is a way to get around it, but it might just delay the process. 

 

Plus, as a foreign spouse to a USC myself, I would definitely want to be closer to my family when I have my child - which is what I did. I had my baby in Australia in June!  I think they would be understanding why you would to have a baby near family etc.

[Unlockable 7,314]

35 minutes ago, Cndn said:

Hi

 

I am almost 8 months pregnant. For many reasons I want to give birth to my baby in my home country (Canada) and not the US. I came to the US on a K1 and filed for adjustment of status. I am waiting for the green card interview. I have my advanced parole/EAD authorization card. My interview has not even been scheduled yet but I think it will take place some time next year. My question is would giving birth in Canada cause any problems with my immigration? Would they have some issue with me not giving birth in the US? 

Hi,

 

There is nothing wrong with your plan. In fact, we have many Canadian members here who would prefer medical treatment in Canada over the US. You have all the correct documents. But be aware that immigrating to the US (applying for permanent residence) mean relinquishing Canada's provincial health coverage. People who are permanent residents of the US may not be able to use Canada's health insurance because they are no longer Canadian residence.  So I would do some more research on that and I hope some of our Canadian members can chime in about it.

Edited October 21, 2019 by Unlockable

[JeanneAdil 6,505]

Also,  where in Canada?

Do you have to fly in?

As you can not fly during the last trimester

[patrick33 19]

You should probably look into getting the CRBA and be sure your spouse meets the physical presence requirements for it. As for health coverage in Canada, I never had to deal with this directly but I think I looked it up before and in my home province, you lose it after six months of non-residency or something like that. Good luck!

[purem4g1c 113]

Your health insurance in Canada "expired" the moment you left Canada and started immigrating to the US, provincial health care won't cover the cost for your child birth I am pretty sure, as how much it cost, I have no idea 😮 Maybe better to have the baby in US?

[Cndn 98]

10 minutes ago, zochu said:

 

I'm not overly familiar with the K1/AOS route, but do you have to portray that you are only residing/living in the States and no longer your home country? Kind of like establishing domicile in the States?

 

I honestly don't think it would be an issue where you have your baby. You would/could lodge a CRBA, which can also indicate that you are planning on living in the States as you've made your child as US citizen by filing the application. Th eonly thing with that is that you need to wait for a birth certificate from Canada before you file the application. Also the US parent needs to be present at the Consulate when Baby has their day for citizenship. There is a way to get around it, but it might just delay the process. 

 

Plus, as a foreign spouse to a USC myself, I would definitely want to be closer to my family when I have my child - which is what I did. I had my baby in Australia in June!  I think they would be understanding why you would to have a baby near family etc.

That’s what I was thinking! That maybe where I choose to give birth would tie in with residency requirements somehow. I want to be with my family too! Congrats on your little one  

[Cndn 98]

11 minutes ago, Unlockable said:

Hi,

 

There is nothing wrong with your plan. In fact, we have many Canadian members here who would prefer medical treatment in Canada over the US. You have all the correct documents. But be aware that immigrating to the US (applying for permanent residence) mean relinquishing Canada's provisional health coverage. People who are permanent residents of the US may not be able to use Canada's health insurance because they are no longer Canadian residence.  So I would do some more research on that and I hope some of our Canadian members can chime in about it.

Oh interesting! I didn’t even think about not being on Canadian medical at this point. I’m just so used to having access to health care in Canada. I’ve been gone for a while so I’ll have to look into that. Thank you! 

[Cndn 98]

11 minutes ago, JeanneAdil said:

Also,  where in Canada?

Do you have to fly in?

As you can not fly during the last trimester

Hi, no my family lives right by the border in Canada and I live about an hour away but on the US side. Pretty easy drive. 

[Lemonslice 4,841]

1 minute ago, Cndn said:

Oh interesting! I didn’t even think about not being on Canadian medical at this point. I’m just so used to having access to health care in Canada. I’ve been gone for a while so I’ll have to look into that. Thank you! 

Be careful not to pretend you're a resident of Canada (by using provincial health care), since you would then relinquish your US residence.

[Cndn 98]

10 minutes ago, Lemonslice said:

Be careful not to pretend you're a resident of Canada (by using provincial health care), since you would then relinquish your US residence.

Ok so by relinquishing my US residence that would ruin my US immigration case? So you do have to be a resident of the US during the time you wait for a green card, and using the Canadian health care system (if I were to use MSP and not pay privately) would jeopardize that? 
 

So it’s not that the officer will care where I had the baby, but more so if I used Canadian health care which is only for residents? Sorry I’m running on no sleep and just want to make sure I understand. 

Edited October 21, 2019 by Cndn

[zochu 255]

12 minutes ago, Lemonslice said:

Be careful not to pretend you're a resident of Canada (by using provincial health care), since you would then relinquish your US residence.

WOW! That is so strange. How do they know you've used Canadian healthcare in order to relinquish your US residence? Is there some type of agreement between Canada and the US?

 

Maybe it's best for US immigration purposes just to have the baby in the States ... this seems like a headache 

[Cndn 98]

9 minutes ago, zochu said:

WOW! That is so strange. How do they know you've used Canadian healthcare in order to relinquish your US residence? Is there some type of agreement between Canada and the US?

 

Maybe it's best for US immigration purposes just to have the baby in the States ... this seems like a headache 

That’s what I was wondering too! I’m not sure how they would know but of course don’t want to do anything that would not be in accordance with immigration laws. Confused as to how it all works though.