Can my pregnant wife who entered on a B2 visa stay in the US while I-485 processing?

[Redro 4,611]

3 minutes ago, mangolover said:

Thank you kindly. Preference would be for both mom and child to stay in the US during the process and for the birth to take place here. We just want to avoid any unnecessary back and forth as long we're doing everything by the law. IF she can stay here while I-485 is processing, we can manage that. Just want to make sure we're not burning any bridges with her staying during the application. We plan to concurrently apply for I-131 and I-765 with the I-485.

The fun part of I-485 is there is no back and forth... she has to stay in the US until she receives AP 😅

Congrats on your expanding family! And I'm happy you have the health insurance angle sorted... 

[mangolover 2]

1 minute ago, JeanneAdil said:

congratulaitons

 

get all the forms started for the AOS ,  EAD and AP

she won't be able to travel till AP but family in Canada,  at least ,  can visit to see the newborn

 

keep a timeline up to date and let us all know the progress as it helps the VJ community with queries

Thank you. Working on the packet for those 3, hoping to send out this week. I130 was sent over a week ago and we just received the I797 for it.

Will definitely keep a timeline on here as the community has already been so helpful.

[mangolover 2]

1 minute ago, ROK2USA said:

The fun part of I-485 is there is no back and forth... she has to stay in the US until she receives AP 😅

Congrats on your expanding family! And I'm happy you have the health insurance angle sorted... 

Thank you! That's what we thought -- but really wanted to make sure she's okay to stay here while those applications are being processed. Unless she has a family emergency in Canada, she probably won't travel even with the AP -- just to be on the safe side, and the Canadian family can come visit anytime.

[Mike E 11,739]

44 minutes ago, ROK2USA said:

As you are a US citizen from birth if your child was born in Canadian they would have claim to US citizenship and you'd go through the CRBA process. 

https://ca.usembassy.gov/u-s-citizen-services/child-family-matters/birth/

Not sure about Canadian citizenship if the child is born in the US but I believe @Mike E might have some knowledge on that matter. 

 

I-485 is for adjusting status in the US. 

Either way, if you decide to file the I-485 your wife needs to stay in the US until she receives advanced parole. Make sure to file the I-131. 

 

 

Canada’s jus sanguinis laws are simple compared to the USA.  If a child is born abroad to a parent who is a Canadian citizen that child will be a citizen if either of the following are true:

 

* The parent was born in Canada 

 

* The parent is a naturalized citizen of Canada 

 

I was born in Canada. My children were born in the USA and are also Canadians. My grand son was born in the USA, and is not Canadian despite having a Canadian mother (my daughter). I believe there is an expeditious path to Canadian citizenship for my grandson should his mother opt to move to Canada but I’ve had no reason to research it.  

 

Thus for simplicity, to ensure dual citizenship, it is generally in the best interest of the child to be born on US soil.  

 

 

[mangolover 2]

1 minute ago, Mike E said:

Canada’s jus sanguinis laws are simple compared to the USA.  If a child is born abroad to a parent who is a Canadian citizen that child will be a citizen if either of the following are true:

 

* The parent was born in Canada 

 

* The parent is a naturalized citizen of Canada 

 

I was born in Canada. My children were born in the USA and are also Canadians. My grand son was born in the USA, and is not Canadian despite having a Canadian mother (my daughter). I believe there is an expeditious path to Canadian citizenship for my grandson should his mother opt to move to Canada but I’ve had no reason to research it.  

 

Thus for simplicity, to ensure dual citizenship, it is generally in the best interest of the child to be born on US soil.  

 

 

Thought as much, thanks for sharing your experience. My wife believes it'd be easy (in comparison) to get the baby Canadian citizenship at a later date vs the opposite.

[Dashinka 24,488]

57 minutes ago, mangolover said:

Thank you! That's what we thought -- but really wanted to make sure she's okay to stay here while those applications are being processed. Unless she has a family emergency in Canada, she probably won't travel even with the AP -- just to be on the safe side, and the Canadian family can come visit anytime.

Yep, she is ok to stay during the AOS process, and as others have said, she will have to stay inside the US until she either gets her AP (I131) or GC (I485) otherwise you will have to start over with a spousal visa.

 

Good Luck!

[mam521 2,062]

On 5/2/2022 at 10:16 AM, mangolover said:

Thought as much, thanks for sharing your experience. My wife believes it'd be easy (in comparison) to get the baby Canadian citizenship at a later date vs the opposite.

Once the baby is born, you can file for baby's Canadian Citizenship certificate as soon as you have the necessary ID.  It takes at least 18months to get a response at the moment.  Once you have the certificate, you can apply for a Canadian passport and the child will be eligible to attend post secondary in Canada and pay Canadian tuition rather than international fees.  

 

Be aware that although your child will be eligible for Canadian citizenship if born in the USA, any children your child has will NOT be eligible unless your child moves back to Canada and their children (your grandchildren) are born there.  

 

Good luck and congrats on the little October bundle!

[mangolover 2]

3 hours ago, mam521 said:

Once the baby is born, you can file for baby's Canadian Citizenship certificate as soon as you have the necessary ID.  It takes at least 18months to get a response at the moment.  Once you have the certificate, you can apply for a Canadian passport and the child will be eligible to attend post secondary in Canada and pay Canadian tuition rather than international fees.  

 

Be aware that although your child will be eligible for Canadian citizenship if born in the USA, any children your child has will NOT be eligible unless your child moves back to Canada and their children (your grandchildren) are born there.  

 

Good luck and congrats on the little October bundle!

Interesting. Thanks for sharing the wide-lens view here. Definitely good to know!

 

Thanks for the well wishes.