Options for future fiance to come to USA (Chinese citizen, Canadian PR, US B-2 visitors VISA)

[mugatu300 8]

Hello all, my girlfriend lives in Toronto and I live in western New York. She is a Chinese citizen, Canadian permanent resident, with a US Tourism visitor's VISA. I would like to get married in near future and was curious about my options for getting married and her being able to live here permanently and eventually work here. From looking online it seems like the two most common options are K1 and CR1. Is that still my two options? I wasn't sure if the fact that she is already Canadian PR with US B-2 visitors VISA changes anything. Thank you very much in advance.

 

Edited June 26, 2022 by mugatu300

[Redro 4,611]

37 minutes ago, mugatu300 said:

Hello all, my girlfriend lives in Toronto and I live in western New York. She is a Chinese citizen, Canadian permanent resident, with a US Tourism visitor's VISA. I would like to get married in near future and was curious about my options for getting married and her being able to live here permanently and eventually work here. From looking online it seems like the two most common options are K1 and CR1. Is that still my two options? I wasn't sure if the fact that she is already Canadian PR with US B-2 visitors VISA changes anything. Thank you very much in advance.

 

Depends on your priorities...

you can get married in the US or Canada and then go through the spousal visa process OR you can apply for the K1 visa. Each has its benefits.

Paging 

@Crazy Cat for the pros and cons of each path... 

Either way if your partner has a B2 she is allowed to visit the US while the petition is pending (at the discretion of CBP) and both petitions currently take 1.5-2 years.... 

[JeanneAdil 6,606]

From Crazy Cat's post as seen on home page of VJ

 

A K-1 would be less than wise, imho.  A CR-1 is vastly superior....especially since you can still visit each other during the process.

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

[TBoneTX 45,841]

Thread is moved to the "What Visa Do I Need" forum.

[mugatu300 8]

47 minutes ago, JeanneAdil said:

From Crazy Cat's post as seen on home page of VJ

 

A K-1 would be less than wise, imho.  A CR-1 is vastly superior....especially since you can still visit each other during the process.

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

I'd also like to add that a driving force for us is wanting to have a child together as soon as possible. Obviously during pregnancy, we would ideally want to be in the same location. Does that play a role in recommending CR1 vs K1? Is there anyway we could have a baby together before CR1/K1 process is complete?

 

Edited June 26, 2022 by mugatu300

[Redro 4,611]

5 minutes ago, mugatu300 said:

I'd also like to add that a driving force for us is wanting to have a child together as soon as possible. Obviously during pregnancy, we would ideally want to be in the same location. Does that play a role in recommending CR1 vs K1?

 

The K1 and and CR1 are taking similar times... if the beneficiary is the person who'd be getting pregnant I don't think K1/CR1 makes a difference (paging @DaveAndAnastasia for his experience). If the petitioner is the person who'd be carrying the pregnancy you might want to consider CR1 so you'll know at least one person will be able tobe employed throughout the pregnancy/maternity period... 

Edited June 26, 2022 by ROK2USA

[mugatu300 8]

11 minutes ago, ROK2USA said:

The K1 and and CR1 are taking similar times... if the beneficiary is the person who'd be getting pregnant I don't think K1/CR1 makes a difference (paging @DaveAndAnastasia for his experience). If the petitioner is the person who'd be carrying the pregnancy you might want to consider CR1 so you'll know at least one person will be able tobe employed throughout the pregnancy/maternity period... 

Thank you for the reply. The beneficiary would be the person pregnant. Do you know of anyway we could have a baby together before the K1/CR1 process is complete and be together during the pregnancy/birth?

 

For example, I take a leave of absence from work and care for her (6 months at a time) in Toronto, Canada and she gives birth there (she is employed and has health insurance through work). Or, she takes leave of absence from work (visits USA 6 months at a time) and gives birth here in New York (but not sure how that would work with insurance; even if we are married not sure if I can add her to my health insurance plan).

[Redro 4,611]

9 minutes ago, mugatu300 said:

Thank you for the reply. The beneficiary would be the person pregnant. Do you know of anyway we could have a baby together before the K1/CR1 process is complete and be together during the pregnancy/birth?

 

For example, I take a leave of absence from work and care for her (6 months at a time) in Toronto, Canada and she gives birth there (she is employed and has health insurance through work). Or, she takes leave of absence from work (visits USA 6 months at a time) and gives birth here in New York (but not sure how that would work with insurance; even if we are married not sure if I can add her to my health insurance plan).

If the beneficiary is Canadian and planning on having a kid you should post in the Canadian forum... I believe @Ontarkie or @mam521 might have some information about the best way to have a child as a Canadian citizen/ Canadian resident with health benefits with a USC partner... 

Edited June 26, 2022 by ROK2USA

[powerpuff 6,746]

36 minutes ago, mugatu300 said:

Or, she takes leave of absence from work (visits USA 6 months at a time) and gives birth here in New York (but not sure how that would work with insurance; even if we are married not sure if I can add her to my health insurance plan).

Tourist visa is for visiting the US as a tourist and doing tourist activities, not living here and giving birth.

 

If you want to be together while your partner is pregnant, I’d advise you to first complete the immigration process. That way you 100% can be together for the pregnancy.

[Daphne . 1,913]

1 hour ago, mugatu300 said:

I'd also like to add that a driving force for us is wanting to have a child together as soon as possible. Obviously during pregnancy, we would ideally want to be in the same location. Does that play a role in recommending CR1 vs K1? Is there anyway we could have a baby together before CR1/K1 process is complete?

 

 

The immigration process takes a long time, you might be seperated for a while during the process, and also comes with many uncertainties as to timelines, so planning for a baby during the process would not be something I recommend.
 

Too many moving parts, so why not try for a baby after the process is done? 

Edited June 26, 2022 by Daphne K

[Ontarkie 14,368]

Unless you are both going to go back and forth 6 months in the US and 6 months in Canada it will be difficult to be there together the entire pregnancy and birth. I would encourage you to go the CR1 process because your plans to have a baby asap. This way she can work in Canada and then take prenatal leave. Some companies offer up to two years paid leave. Most of the time it's just a year. Her maternity leave payments can be received in the US too they will continue as normal.  

 

Have baby in Canada (I'm partial to the way women are treated in Canada during delivery vs the US) if you can pass USC to the child. This way baby will become a dual citizen. As she is a PR of Canada if she delivers in the US baby will not be a Canadian at birth. If that is something you both are interested in too. 

 

 

[JeanneAdil 6,606]

and i am partial to Canadian health care system

no problem having a child during this process /people can have babies anytime they want /it does not speed up the process

 

if married and born in Canadian CBRA for US citizenship of the baby  , only spouse visa needed 

 

look at poverty guidelines for needed income for 3 

 

[mam521 2,122]

It will be expensive to have a child in the US and likely cost prohibitive as a tourist. When your partner had to return to Canada, the baby would need a Certificate of Citizenship to enter Canada and stay and that process is taking 18mo. You’re risking mom and baby being separated because of immigration issues on both side of the border. Are you prepared to be a single parent of a young baby and that baby be separated from it’s mother? 
 

The baby, born in Canada, will have Canadian citizenship. If you qualify, you can apply for CRBA and the baby can enter the US. Healthcare will be covered under provincial health care. If there are any complications requiring additional care like an emergency c-section and/or a NICU stay, your partner and baby are covered. 
 

Your partner will qualify for federal maternity leave benefits for up to 18mo in Canada if she has sufficient number of working days. She can still receive these benefits while in the USA. 
 

Rushing to have a baby is never a good idea. Immigration isn’t an easy process and has a lot of moving parts. Tossing more parts into the mix makes an already messy process even messier. The CR-1 process is much shorter for Canucks than it used to be. It’s about a year these days. 
 

It’s also important to keep in mind it’s stressful moving to another country, no matter how many times you’ve visited. Get married, move in, get settled then have a baby. I say get married because your partner cannot leave the US or work until AP and work authorization are issued on a K-1 visa and that will be inhibiting for a new mom if she wants to visit China with her new baby. 

[mugatu300 8]

I understand everyone’s reservations. There are fairly significant personal reasons why we are trying to have the baby sooner rather than later. If that wasn’t the case then we definitely would wait until after this whole process is complete but unfortunately that isn’t really an option.
 

So I’m trying to just gauge best way to approach. Obviously we can get married in New York without much issue and then begin process (seems like most here suggest CR1 over K1). But if we are going to have baby before that process ends, thats where I’m struggling. Obviously I want to be there for her during pregnancy/birth.

 

Seems like you all don’t like idea of her coming to the states for that (don’t even know if I would be able to add her to my health insurance or not). So maybe she stays in Canada and I just visit as much as possible…

[mugatu300 8]

7 hours ago, mam521 said:

It will be expensive to have a child in the US and likely cost prohibitive as a tourist. When your partner had to return to Canada, the baby would need a Certificate of Citizenship to enter Canada and stay and that process is taking 18mo. You’re risking mom and baby being separated because of immigration issues on both side of the border. Are you prepared to be a single parent of a young baby and that baby be separated from it’s mother? 
 

The baby, born in Canada, will have Canadian citizenship. If you qualify, you can apply for CRBA and the baby can enter the US. Healthcare will be covered under provincial health care. If there are any complications requiring additional care like an emergency c-section and/or a NICU stay, your partner and baby are covered. 
 

Your partner will qualify for federal maternity leave benefits for up to 18mo in Canada if she has sufficient number of working days. She can still receive these benefits while in the USA. 
 

Rushing to have a baby is never a good idea. Immigration isn’t an easy process and has a lot of moving parts. Tossing more parts into the mix makes an already messy process even messier. The CR-1 process is much shorter for Canucks than it used to be. It’s about a year these days. 
 

It’s also important to keep in mind it’s stressful moving to another country, no matter how many times you’ve visited. Get married, move in, get settled then have a baby. I say get married because your partner cannot leave the US or work until AP and work authorization are issued on a K-1 visa and that will be inhibiting for a new mom if she wants to visit China with her new baby. 

Thank you for the detailed response. So basically go CR1 route, have baby in Canada, then come to US once CR1 is all situated? If she become pregnant after filing CR1 paperwork, that shouldn't delay anything correct?