Advance Parole Question - US Petitioner, Canadian Beneficiary

[Redro 4,611]

1 minute ago, tonyrako said:

But there is no way that option (to stay here) is valid any longer, since she went back? 

Correct. 

You need to file the I-130 petition for her. And once that is filed whenever she visits the USA, CBP will determine if she has immigrant intent. 

Because she is a.) married to a US citizen and B.) pregnant she might have issues entering. Your safest bet is to visit her in Canada as often as possible while you wait out the process. 

 

[tonyrako 20]

5 minutes ago, Kor2USA said:

Correct. 

You need to file the I-130 petition for her. And once that is filed whenever she visits the USA, CBP will determine if she has immigrant intent. 

Because she is a.) married to a US citizen and B.) pregnant she might have issues entering. Your safest bet is to visit her in Canada as often as possible while you wait out the process. 

 

Understood. Not what we want to hear, but I understand.

7 minutes ago, ra0010 said:

Correct. That ship has sailed unfortunately.

Is there ANY chance of getting a work visa so that she can live/work in the US? 

[Rocio0010 5,579]

1 minute ago, tonyrako said:

Understood. Not what we want to hear, but I understand.

Is there ANY chance of getting a work visa so that she can live/work in the US? 

Not quite. Work visas are usually for very specific fields. There could potentially be complications when she discloses her marriage to you. Best vet is to file CR1

[Boiler 45,516]

Does she have a ob offer?

 

Canadians have the big advantage of the TN Visa, so if she fits the right category it could be relatively simple.

[Redro 4,611]

 

3 minutes ago, Boiler said:

Does she have a ob offer?

 

Canadians have the big advantage of the TN Visa, so if she fits the right category it could be relatively simple.

Hopefully some Canadians can join this thread and answer questions. 

I know a couple of members here have been working in the States while they wait for their visa interview in Montreal. 

Just not sure if she'll qualify for anything while she is pregnant. 

[Exocet 88]

1 hour ago, ra0010 said:

Nope, I think you meant I-485

Yes you are right!  

[Boiler 45,516]

27 minutes ago, Kor2USA said:

 

Hopefully some Canadians can join this thread and answer questions. 

I know a couple of members here have been working in the States while they wait for their visa interview in Montreal. 

Just not sure if she'll qualify for anything while she is pregnant. 

Answer what questions? Pregnant should not have anything much to do with it.

[Exocet 88]

1 hour ago, tonyrako said:

Were you able to work in the US or did you stay in Canada?

I chose to go back to Canada after we were married (in Florida) for a few reasons.  I still had debt to pay off and had a good in Canada. At the time we thought it would only take 6 months for the visa to come thru.  Had I stayed, I would have had to abandon my vehicle and all my personal belongings in Canada.

 

I went back to Canada and my hubs filed for the IR1/CR1 visa.  Then it was right when we filed that the whole system went crazy with the shift in priorities at the federal level.. So we ended up getting the run around for 2 years.  Lost case file and everything. Anyway because we had been married for 2 years by the time we got the visa, I entered on an IR1 visa... Meaning I didn't have to remove conditions later on.  

 

During the 2 years apart, my hubs flew to Canada several times and I flew to the US.  There was always a chance of being denied entry to the US.  I always had a return flight booked already, and my stays were only weeks at a time.  Given that your wife is pregnant, it might be harder for her to prove she is not intending on staying.

 

And honestly, you want your wife to have the baby in Canada because of the healthcare situation.... Unless you have the most amazing insurance that she can be added to.

 

I do not know of any legal way that she can come live with you while the visa is pending, let alone work.  I think at this point you need to just accept your fate and ride it out!  That's kinda par for the course with immigration.

[SalishSea 17,829]

4 hours ago, tonyrako said:

wow, this seems like good news

It's neutral news.  Either way, she has to convince CBP that she is not going to stay and adjust status, which could be tricky with a USC spouse.

[SalishSea 17,829]

4 hours ago, Exocet said:

Had she stayed in the US, you could have filed for CR1 right after getting married.

Not CR1.  AOS.  Not a visa.

3 hours ago, tonyrako said:

But it takes 2 years to get that, right? 

 

At least.  Possibly longer.  Montreal has a large backup.

[SalishSea 17,829]

2 hours ago, Kor2USA said:

ust not sure if she'll qualify for anything while she is pregnant. 

Would not be legal to take pregnancy status into consideration.

[Redro 4,611]

33 minutes ago, Jorgedig said:

Would not be legal to take pregnancy status into consideration.

I'm referring to the TN visa not a job. It's supposed to be a non-immigrant visa. So, not sure they'd give her one if she is married to a US citizen and pregnant. 

[EM_Vandaveer 2,408]

7 hours ago, ra0010 said:

Yep.

If she applies for a B1/B2 visa and is approved, yes

 

Is she planning on delivering in Canada or here? Either way it’s the same, she has to get a tourist visa..

Canadian citizens don't need a B1/B2, they automatically get a 6 months visitor status at POE - normally.

[carmel34 3,632]

Your best path forward is to file an I-130 petition for her right away, for a CR-1 visa, and to go and visit her in Canada during the 1-2 years that it will take to process.  Good luck!

[Mike E 11,739]

13 hours ago, ra0010 said:

No, because baby is born abroad.

If baby was born here, then yes.

Assuming the USA citizen father has sufficient physical presence in the USA prior to birth of his child, since the parents are married and presumably the father’s name is on the birth certificate then the child will be born a citizen of the USA. 

13 hours ago, ra0010 said:

Don’t even entertain the idea of a K3. 1) they’re for unmarried people, and 2) they’re obsolete 

1 - false.  They are for married people.  
 

2 - true.  
 

12 hours ago, tonyrako said:

THank you so much. To be clear, are you saying that we (I) can apply for the CR-1 and she should still be able to travel back and forth while the application is pending? 

The USA immigration officer at the port of entry will be aware she  is in the process of getting an immigration visa.  The onus is on her to convince the officer she won’t stay in the USA and adjust status. Once I-130 is approved, a reasonable officer will admit her because adjusting status is a longer hell compared to waiting for an immigration visa that lets the immigrant work and live in the USA, get a social security number,  drivers license, etc.  

 

I would not file I-130 until you’ve been married for 7 months. This way, you can time her entry into Canada on her CR-1 to be two years after you are married.
 

The math here: https://www.visajourney.com/timeline/k1list.php?op6=All&op66=All&op7=Canada&op1=3&op2=&dfile=No&op3=5&op4=1&op5=5%2C6%2C8%2C10%2C11%2C13%2C14%2C15%2C16%2C17%2C18%2C20%2C21%2C22%2C25%2C26%2C27%2C28%2C108%2C110%2C111%2C208%2C210%2C211&cfl= suggests recent CR-1 visas are taking 11 months from when I-130 receipt (noa1) to visa interview. 
 

so 24 months  = 11 months to interview + visa valid for 6 months from when approved (usually at interview) + wait 7 months to file I-130

 

This will give her a 10 year green card and avoid the hell of filing I-751 to upgrade her 2 year green card to a 10 year green card.