IR-1/CR1 and pregnancy, visa for newborn to move to US

[Girl777 2]

Hi,

I have a crazy situation. I have a son and live in Canada. Tried to get court permission for my son to move to US to reunite with my American fiance (as he can't get moved  to Canada due to his permanent job) for family creation and now I  waited for  4.5 years since I asked court for relocation permission ( my son's father opposed the move but I have sole custody). Trial judge denied move and committed multiple errors of law but ,luckily for me, appeal court now allowed my son's move and reversed trial decision, but to enhance chance on appeal, we made a statement  to court that even though my K1/K2 is almost ready ( I am invited for interview in US embassy in Fall 2021), in order to avoid situation  with my son getting travel permit ( NOA) and not being able to leave US  for access with dad in Canada for unknown time-being ( they say 3-12 months, not sure what wait time now on average for that process),   we  state to court that we are agreeable to rather get married  if court decision is successful and re-file for I-130 and relative visa so my son can travel back and forth without restriction upon relocation.

 

So, here we are now, need to get married shortly and re-file for other visa despite the fact that K1 is almost there and after 4 years wait more wait to come:-(

 

I turned 41 this summer, desperately want a child with my future husband who I love a lot, biological clock is ticking and I am not sure I will be able to have a child if I wait 2 more years...We are looking into option of getting pregnant while waiting for visa, but then next issue arises...If I give birth in Canada and in the meantime my and my son's new visas are near to be processed and issued , what is the shortest way for new born to relocate to US. We did not yet consult immigration lawyer but fiancé states it is absolutely same process and we need to file for same visa for newborn and go through same additional wait for new born, but is is hard to believe there is no any simpler option with new born, would not thee be some solution that will unite family rather  sooner than make them wait for years in this difficult scenario with new born?

 

I thought maybe someone knows more on this topic. Also, if anyone knows if there are any short cuts from K1 to other visa or any options with accelerating NOA for child with K1 so he can freely travel shortly after arrival to US without waiting for months, let me know please! 

We need to take some important decision ASAP  and I have way too many questions. Court did not restrict me with specific type of visa but want me to be able to take my son to Canada twice a month right after immigration, so sounds like I am restricted from K1/K2.

 

 

 

Thank you!

 

 

Edited August 17, 2021 by Girl777

[SalishSea 17,836]

26 minutes ago, Girl777 said:

Hi,

I have a crazy situation. I have a son and live in Canada. Tried to get court permission for my son to move to US to reunite with my American fiance (as he can't get moved  to Canada due to his permanent job) for family creation and now I  waited for  4.5 years since I asked court for relocation permission ( my son's father opposed the move but I have sole custody). Trial judge denied move and committed multiple errors of law but ,luckily for me, appeal court now allowed my son's move and reversed trial decision, but to enhance chance on appeal, we made a statement  to court that even though my K1/K2 is almost ready ( I am invited for interview in US embassy in Fall 2021), in order to avoid situation  with my son getting travel permit ( NOA) and not being able to leave US  for access with dad in Canada for unknown time-being ( they say 3-12 months, not sure what wait time now on average for that process),   we  state to court that we are agreeable to rather get married  if court decision is successful and re-file for I-130 and relative visa so my son can travel back and forth without restriction upon relocation.

 

So, here we are now, need to get married shortly and re-file for other visa despite the fact that K1 is almost there and after 4 years wait more wait to come:-(

 

I turned 41 this summer, desperately want a child with my future husband who I love a lot, biological clock is ticking and I am not sure I will be able to have a child if I wait 2 more years...We are looking into option of getting pregnant while waiting for visa, but then next issue arises...If I give birth in Canada and in the meantime my and my son's new visas are near to be processed and issued , what is the shortest way for new born to relocate to US. We did not yet consult immigration lawyer but fiancé states it is absolutely same process and we need to file for same visa for newborn and go through same additional wait for new born, but is is hard to believe there is no any simpler option with new born, would not thee be some solution that will unite family rather  sooner than make them wait for years in this difficult scenario with new born?

 

I thought maybe someone knows more on this topic. Also, if anyone knows if there are any short cuts from K1 to other visa or any options with accelerating NOA for child with K1 so he can freely travel shortly after arrival to US without waiting for months, let me know please! 

We need to take some important decision ASAP  and I have way too many questions. Court did not restrict me with specific type of visa but want me to be able to take my son to Canada twice a month right after immigration, so sounds like I am restricted from K1/K2.

 

 

 

Thank you!

 

 

There are no shortcuts.

 

If you have a baby that qualifies to receive US citizenship from having a USC father, you can get him or her a CRBA/passport through the embassy in Montreal (there may be other US consulates in Canada providing this service).  The website for the embassy will have instructions on how to do this.  USCs are not eligible for visas.

 

AP (which would allow your son to be readmitted if he left the US to visit Canada) is taking upwards of 8 months.

 

If you marry, and your USC spouse files a spousal petition for you, you will likely not get a visa for at least two years, maybe longer with Montreal's backlog.

 

In your previous threads, you were advised to start doing some research and reading.  Both you and your fiance should do this.  You need a better understanding of your options and the immigration process.

Edited August 17, 2021 by Jorgedig

[Girl777 2]

thank you for quick reply, what does this passport mean for me, in my situation I need to move with my son and potential baby ASAP, not be able to  visit  US but permanent move, what does passport allow?

[SalishSea 17,836]

 

 

2 minutes ago, Girl777 said:

thank you for quick reply, what does this passport mean for me, in my situation I need to move with my son and potential baby ASAP, not be able to  visit  US but permanent move, what does passport allow?

The baby would have a US passport if he/she qualified to receive US citizenship through the father.  There are criteria for this.   The point is, a USC does not need a visa to enter the US or live there.

 

It would not impact you or your son, or the need for visas.

[Girl777 2]

This sounds very optimistic. Could someone else confirm if they know about CRBA/Passport for new born and confirm the path is quick and easy for new born with father being  US citizen to move to US for residence (from Canada where baby is born) quickly with no pain?

 

Thank you everyone for quick responses.

[Strawberrymermaid 346]

11 hours ago, Girl777 said:

thank you for quick reply, what does this passport mean for me, in my situation I need to move with my son and potential baby ASAP, not be able to  visit  US but permanent move, what does passport allow?

It allows the baby a US passport but does not allow you to move to the US any faster unfortunately.

[Girl777 2]

but it does allow the baby to move right away correct? I understand that I have to wait for my own and my son's immigration visa and go through full process, sounds like inevitable, I at least wanted to make sure having newborn won't delay our process overall.

[Ontarkie 14,226]

So the courts have not issued you permission to move your son yet? Now you want to entice the courts to give you permission to take your son by telling them that you will get married and start all over 2+ years down the road you will move. 

 

How old is your son now? It has taken 4 years to get you this far. His age will play a very important part of what path to take.

I know you thought about taking the K1 and continue to fight and get the K2 after you marry you have up to a year to get the k2 after you get your K1. (depending on how old your son is I would still go this path) Since your interview is in November. 

 

[Ontarkie 14,226]

As for CRBA it will not be a right away move for baby, but no where near as long as a visa. Probably anywhere around 6 weeks to a few months.

 

~~Thread moved to Process and Procedures from Progress Report~~

Edited August 17, 2021 by Ontarkie

[Girl777 2]

Ontarkie,

 

no I did get court's permission for my son, on my appeal, but new condition is that he has to have continuous opportunity after relocation to travel back to Canada for access with his father 2 times a month. My son is 10.5 y.o. With this access plan, K1/K2 does not fit us because there will be wait to get his travel permit upon relocation, and based on research wait is uncertain from 3 month to a year and during that time he can't leave US. I offered new plan myself in hope to win appeal and in fear that judges will be upset by K1 visa, I won it but plan is a pain for me indeed after that much wait, 2 more years is a pain, considering K1 i around the corner and considering I am ready to cover all travel expenses for dad for his travel to US for visits, be it plane or land ( if border opens). Dad of my son enjoys to litigate and never agrees on anything reasonably, going back to court after appeal  that granted  me all I asked for will make me look stupid and might anger the judge, I am still torn about this path with K1, thinking maybe I should try  and judge will feel sympathetic and let me and my son  go with K1/K2.. considering when I committed to new visa and marriage first , I thought my interview for K1 will be in 1 year from that moment  but it came in a month after that  and  is now just around the corner. It is all a hard journey overall...and each choice is a risk....

Edited August 17, 2021 by Girl777

[Ontarkie 14,226]

5 minutes ago, Girl777 said:

Ontarkie,

 

no I did get court's permission for my son, on my appeal, but new condition is that he has to have continuous opportunity after relocation to travel back to Canada for access with his father 2 times a month. My son is 10.5 y.o. With this access plan, K1/K2 does not fit us because there will be wait to get his travel permit upon relocation, and based on research wait is uncertain from 3 month to a year and during that time he can't leave US. I offered new plan myself in hope to win appeal and in fear that judges will be upset by K1 visa, I won it but plan is a pain for me indeed after that much wait, 2 more years is a pain, considering K1 i around the corner and considering I am ready to cover all travel expenses for dad for his travel to US for visits/ plan or land if border opens. Dad of my son likes to litigate and never agrees on anything reasonably, going back to court after appeal gave me all I asked for will make me look stupid and might anger the judge, I am still torn about this path with K1, thinking maybe I should try  and judge will feel sympathetic and let me go with K1, considering when I committed to new visa , I thought my interview for K1 will be in 1 year but it came in a month after and around the corner. It is all a hard journey overall...and each choice is a risk....

Ok so you had the order with a twice a month visit and went back to court because AP would not be that fast. This really sucks big time. Where are you moving to that twice a month will be doable? 

This sucks big time, my court order wasn't hard to get and we just did reasonable access with reasonable notice. 

 

Unless you can get your ex to agree to the K1 path since it is so close just get married. I would not want to make the courts mad. 

Do a quick marriage start family planning asap. Take the time to get things settled and set up for the big move. 

[Girl777 2]

I committed to driving 2  times to Canada for weekends and dad comes once to US for 3rd weekend, so 3 out of 4 weekends are his and most of summer is with dad. We are between Michigan and Ontario, just 4 hour drive. It sucks indeed. Dad is non agreeable vexatious litigant, no chance. I am afraid to drive court/judge mad, so this is why I am here, I think we will get married and have a bit more patience and follow court route with new visa . It is still much more optimistic than my trial decision! Life is hard sometimes.

 

It is my second K1/K2 visa, first round it got expired because trial took so long....

[Ontarkie 14,226]

17 minutes ago, Girl777 said:

I committed to driving 2  times to Canada for weekends and dad comes once to US for 3rd weekend, so 3 out of 4 weekends are his and most of summer is with dad. We are between Michigan and Ontario, just 4 hour drive. It sucks indeed. Dad is non agreeable vexatious litigant, no chance. I am afraid to drive court/judge mad, so this is why I am here, I think we will get married and have a bit more patience and follow court route with new visa . It is still much more optimistic than my trial decision! Life is hard sometimes.

 

It is my second K1/K2 visa, first round it got expired because trial took so long....

That sucks. 

 I wouldn't want to push the courts either. 

With the border opened now. Get married in Michigan. Ontario toke forever to get the marriage certificate back pre covid. I can only imagine the time they will take now.

 

 

 

[Girl777 2]

thank you, good to know, maybe we will:-) Did not yet research, I just got appeal decision days ago.

Edited August 17, 2021 by Girl777

[pushbrk 12,898]

7 hours ago, Girl777 said:

This sounds very optimistic. Could someone else confirm if they know about CRBA/Passport for new born and confirm the path is quick and easy for new born with father being  US citizen to move to US for residence (from Canada where baby is born) quickly with no pain?

 

Thank you everyone for quick responses.

Why not confirm it yourself with official sources.  Google "Consular Report of Birth Abroad".