Giving Birth in USA/Living in USA while in CR1 process?

[mugatu300 8]

Hello all, my wife (Chinese citizen, Canadian permanent resident, US B1/B2 Visitor Visa) and I (American) married three weeks ago and we just submitted our I-130 for the CR1. We have two questions regarding our near-term future:

 

1) Although my wife is employed and has insurance through her employer in Toronto, I am also able to add her to my insurance plan in the USA immediately. If I were to do that, could she give birth in the USA prior to obtaining the CR1/green card? For instance, if she became pregnant next month, could she travel to New York on her B1/B2 visa and give birth here under my insurance plan? Or is she only able to give birth in Canada?

 

2) If my wife were to resign from her job in Canada, could she come live with me in New York for 6 months at a time using her B1/B2 visa until she is issued her green card? And then just every six months could she go back to Canada and re-enter New York to re-extend the 6 months?

 

Thank you all.

[powerpuff 6,680]

12 minutes ago, mugatu300 said:

2) If my wife were to resign from her job in Canada, could she come live with me in New York for 6 months at a time using her B1/B2 visa until she is issued her green card? And then just every six months could she go back to Canada and re-enter New York to re-extend the 6 months?

That’s a quick way to have her tourist visa revoked and go through expedited removal back to Canada. 

[Verrou 1,962]

2. that's an abuse of B1/B2 visa. she supposed to wait outside US. if she wants to make short visit like 1-2 weeks and leave US its fine. there's big possibility they (CBP) will deny her entry.

 

i wont even answer question no.1 because of your question no. 2

[Boiler 45,445]

B is for visiting not living

 

A lot of ifs on the pregnancy side including whether she would be admitted 

[mugatu300 8]

11 minutes ago, HaroKitty said:

2. that's an abuse of B1/B2 visa. she supposed to wait outside US. if she wants to make short visit like 1-2 weeks and leave US its fine. there's big possibility they (CBP) will deny her entry.

 

i wont even answer question no.1 because of your question no. 2

 

14 minutes ago, powerpuff said:

That’s a quick way to have her tourist visa revoked and go through expedited removal back to Canada. 

 

I figured that was the case but just wanted to ask. I know back in the olden-days, my great Aunt was able to do that where she would go to Canada for 6 months at a time and just cross the border to reset the clock but I'm assuming times have changed and they have gotten more strict about it.

 

Regarding question #1, is that also a for-sure no regarding having the baby in the states?

 

I'm not trying to offend anyone with these questions, just want to explore every possible option even if they are "dumb" questions.

[mugatu300 8]

10 minutes ago, Boiler said:

B is for visiting not living

 

A lot of ifs on the pregnancy side including whether she would be admitted 

 

Gotcha. I'm assuming the US border guards are able to tell how long someone has been in the states for, correct? Like, if you say you are going to visit for a week but actually stay 6 months lol, they would definitely notice that the next time you try to gain entry correct?

 

I know a lot of ifs on the pregnancy side because I've read that its ultimately at the discretion of the border guard to grand or deny entry. But only asking because we felt more comfortable with the OB care in my area vs her area.

[Boiler 45,445]

They have computers 

[mugatu300 8]

10 minutes ago, Boiler said:

They have computers 

I know that, but how do they know how long you have stayed for? Like obviously they know when you enter because they scan your ID, but how do they know the date you leave? I'm truly curious. Obviously the Canadian authorities will know the date you are coming back into Canada. Do the Canadian computers speak back to the US computers?

[mugatu300 8]

13 minutes ago, Boiler said:

They have computers 

Also, whats your thoughts on the child birth aspect? Thank you kindly in advance.

[Boiler 45,445]

1 minute ago, mugatu300 said:

I know that, but how do they know how long you have stayed for? Like obviously they know when you enter because they scan your ID, but how do they know the date you leave? I'm truly curious. Obviously the Canadian authorities will know the date you are coming back into Canada. Do the Canadian computers speak back to the US computers?

Computer knows when you enter and leave and they calculate the difference

 

Computers share data

 

US does not officially ban birth tourism but they do not like it

[mugatu300 8]

8 minutes ago, Boiler said:

Computer knows when you enter and leave and they calculate the difference

 

Computers share data

 

US does not officially ban birth tourism but they do not like it

And if she were honest with the US guard and she said "I plan on visiting my husband for 6 months"; that definitely would not fly either correct? I mean how long of a "visit" is OK in their minds lol...

[powerpuff 6,680]

17 minutes ago, mugatu300 said:

Regarding question #1, is that also a for-sure no regarding having the baby in the states?

Well, birth tourism is not illegal. However, there is a push back against it. For example starting in 2020, US consular officers would deny B applications if they suspect the primary reason is to give birth in the US (https://travel.state.gov/content/travel/en/News/visas-news/20200123_birth-tourism-update.html)

 In addition, there are several complicating factors. Most airlines won’t allow you to board if you’re above certain amount of weeks. How would you time it then? B visa is not for long term living in the US.
 

Going off of the above State department update regarding denying B visas for birth tourism, I suspect CBP won’t be too keen to let her in if they also suspect she will give birth + a US citizen spouse + a pending immigrant petition + quitting her job. That’s a very strong immigrant intent to put it mildly. What reason do they have to believe she’ll return to Canada to finish her spousal visa process? I’m sure you can see the issues from their perspective.

 

7 minutes ago, mugatu300 said:

how do they know the date you leave?

Through APIS

https://www.cbp.gov/travel/travel-industry-personnel/apis2

 

You can also find your entire arrival departure history through I-94 online 

Edited July 3, 2023 by powerpuff
Added info

[Crazy Cat 41,811]

8 minutes ago, mugatu300 said:

"I plan on visiting my husband for 6 months";

She can't work inside the US while visiting.   She should be prepared for that conversation at the border.

Edited July 3, 2023 by Crazy Cat

[Boiler 45,445]

4 minutes ago, mugatu300 said:

And if she were honest with the US guard and she said "I plan on visiting my husband for 6 months"; that definitely would not fly either correct? I mean how long of a "visit" is OK in their minds lol...

No idea, they might want a chat in Secondary. None of us here knows what will happen, she might just sail through.

[Mike E 11,739]

21 minutes ago, mugatu300 said:

I mean how long of a "visit" is OK in their minds lol...

Short visits. 14 days every 13 weeks works.

1 hour ago, mugatu300 said:

Or is she only able to give birth in Canada?

Legally she can give where ever, but entry into the U.S. is at discretion of CBP.

 

The child will be a U.S. citizen regardless where born, and if not a U.S. citizen from birth (assuming you fail the physical presence test) then will be upon entry into the U.S.  

 

This way the child is a dual citizen: