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

[mugatu300 8]

32 minutes ago, powerpuff said:

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.

 

Through APIS

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

 

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

We are only a 2 hour drive from each other so no need for flight.

 

I guess I don't understand what's wrong with strong immigrant intent...

I mean, if we were trying to get her here illegally or something, why would we go through the trouble/finances of applying for CR1? I feel like that should show we are trying to do things the right way and why would we jeopardize that by having her not return to Canada. You don't think if we were just honest with them, then they would admit her? I mean the truth is, we may feel more comfortable with the OB care near me than near her. If she resigns from her job, I can support her financially and will have already added her to my heath insurance plan. She still has an apartment in Canada that she can return to. So yeah, thats just the facts...

[mugatu300 8]

14 minutes ago, Mike E said:

Short visits. 14 days every 13 weeks works.

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:

Gotcha. All she's ever done in the past three years that we've been together is short visits. Maybe longest she has stayed her for one time is 7-10 days. Curious tho, if the visa is valid for up to 6 months, do you think anyone has ever stayed for 6 months in USA consecutively on this visa? For example, someone wanted to visit the states from Asia could very likely spend 6 months here traveling around. 

[Mike E 11,739]

Just now, mugatu300 said:

Curious tho, if the visa is valid for up to 6 months, do you think anyone has ever stayed for 6 months in USA consecutively on this visa?

Absolutely. Retirees do this all the time. For example Asian grannies and grandpas with adult children in the U.S. will come to U.S. during the hot season to be with their kids and grandkids. CBP understands that. And although we do not have B visas, Canadian retirees will come to the U.S. for 6 months from mid fall to mid spring.

 

What CBP does not understand is a Canadian PR who claims to have a job and residence in Canada coming to the U.S. for 6 months. Especially one with an American spouse, and a pending I-130. Who has discussed giving birth in the U.S. 

 

Just now, mugatu300 said:

For example, someone wanted to visit the states from Asia could very likely spend 6 months here traveling around. 

Not credible.

[Redro 4,611]

23 minutes ago, mugatu300 said:

We are only a 2 hour drive from each other so no need for flight.

 

I guess I don't understand what's wrong with strong immigrant intent...

I mean, if we were trying to get her here illegally or something, why would we go through the trouble/finances of applying for CR1? I feel like that should show we are trying to do things the right way and why would we jeopardize that by having her not return to Canada. You don't think if we were just honest with them, then they would admit her? I mean the truth is, we may feel more comfortable with the OB care near me than near her. If she resigns from her job, I can support her financially and will have already added her to my heath insurance plan. She still has an apartment in Canada that she can return to. So yeah, thats just the facts...

So would she spend her entire pregnancy here in the US (and overstay her visa)? Would she visit the US only for visits to her OBGYN? Is it really practical for a woman to travel 2 hours for health care? 

What happens if she encounters complications during pregnancy? Will she stay in the US? Will she she travel 2 hours from her home in Canada to your home in New York to receive care? 

Your TITLE suggests you think your wife can just move to the US and "wait out the process in the US"... Marriage to a USC confers no automatic right to stay in the USA. Being pregnant and having US healthcare is great... but sounds like you want her to move to the US and live here while the I-130 is processing. 

If she falls pregnant and stays in the US for 6 months total (because you don't want her to overstay her visa). Then leaves the US to return to Canada around her 7-8 month of pregnancy do you really think she would be allowed to re-enter to give birth? 

 

Edited July 3, 2023 by Redro

[powerpuff 6,680]

35 minutes ago, mugatu300 said:

We are only a 2 hour drive from each other so no need for flight.

 

I guess I don't understand what's wrong with strong immigrant intent...

I mean, if we were trying to get her here illegally or something, why would we go through the trouble/finances of applying for CR1? I feel like that should show we are trying to do things the right way and why would we jeopardize that by having her not return to Canada. You don't think if we were just honest with them, then they would admit her? I mean the truth is, we may feel more comfortable with the OB care near me than near her. If she resigns from her job, I can support her financially and will have already added her to my heath insurance plan. She still has an apartment in Canada that she can return to. So yeah, thats just the facts...

A person entering as a tourist has to be prepared to show ties to their country (a career, property, children etc) to convince the CBP that they do not plan to overstay and are planning to return. Your wife has very strong immigrant intent. What is she planning to show them to convince them she is planning to return to Canada? A pending CR1 interview is not a tie. Those are just facts too.

 

You’re trying to sit on two chairs. You want to your wife to immigrate on a CR1 but you also want her to live with you in the US and give birth while waiting for the visa. That’s just not how it works. That privilege is reserved for those with immigrant visas, not tourist. Either move to Canada and live there and start your family planning or wait until she receives the visa and then start family planning. As far as I can see, those your are your only realistic options. 
 

 

 

[mugatu300 8]

36 minutes ago, Redro said:

So would she spend her entire pregnancy here in the US (and overstay her visa)? Would she visit the US only for visits to her OBGYN? Is it really practical for a woman to travel 2 hours for health care? 

What happens if she encounters complications during pregnancy? Will she stay in the US? Will she she travel 2 hours from her home in Canada to your home in New York to receive care? 

Your TITLE suggests you think your wife can just move to the US and "wait out the process in the US"... Marriage to a USC confers no automatic right to stay in the USA. Being pregnant and having US healthcare is great... but sounds like you want her to move to the US and live here while the I-130 is processing. 

If she falls pregnant and stays in the US for 6 months total (because you don't want her to overstay her visa). Then leaves the US to return to Canada around her 7-8 month of pregnancy do you really think she would be allowed to re-enter to give birth? 

 

So based on everyone's responses thus far, it seems like my wife "visiting" for 6 months at a time would likely be out of the question (could result in her B1/B2 visa being removed possibly or at the very least not receiving a new I94 stamp).

 

Under that scenario, she would likely keep her job and relocate closer to the Canadian/US border so that we are only a 30 minute drive away from each other (she would still reside in Canada). She can work remotely so this is not an issue with her employer. The only way she was going to quit her job was if she was able to spend 6 months at a time with me, but again that seems out of the question now.

 

So, while she is pregnant and in the I-130 processing, she would only need to drive ~30 minutes to appointments. In the three years that we have been together, she has never had an issue entering the US. Her visa is valid for 10 years but every 6-months she has to enter the immigration office at the border and get a new I94 stamp. Do you foresee her having any problem entering the US/getting an I94 once she is pregnant if she is only making short visits across the border?

Edited July 3, 2023 by mugatu300
edit for i94 stamp and canada clarifcation

[mugatu300 8]

13 minutes ago, powerpuff said:

A person entering as a tourist has to be prepared to show ties to their country (a career, property, children etc) to convince the CBP that they do not plan to overstay and are planning to return. Your wife has very strong immigrant intent. What is she planning to show them to convince them she is planning to return to Canada? A pending CR1 interview is not a tie. Those are just facts too.

 

You’re trying to sit on two chairs. You want to your wife to immigrate on a CR1 but you also want her to live with you in the US and give birth while waiting for the visa. That’s just not how it works. That privilege is reserved for those with immigrant visas, not tourist. Either move to Canada and live there and start your family planning or wait until she receives the visa and then start family planning. As far as I can see, those your are your only realistic options. 
 

 

 

OK, the living with me here seems out of the question. It did not hurt to ask and I'm glad I did. So, she will stay in Canada (perhaps as close as 30 minutes away from me) and keep her current job (works remote).

 

Two questions for you:

1) Now, can she give birth in the US while she is still in CR1 process or is that also out of the question?

 

2) If she gives birth in Canada, can she and the baby come to visit during the CR1 process?

[Crazy Cat 41,811]

6 minutes ago, mugatu300 said:

She can work remotely so this is not an issue with her employer.

No, she cannot work remotely inside the US  while visiting.  She would need authorization to work.  People have been removed and banned for that. 

Edited July 3, 2023 by Crazy Cat

[mugatu300 8]

10 minutes ago, Crazy Cat said:

No, she cannot work inside the US  while visiting.  She would need authorization to work.

She would not be working in the US while visiting. She would be working remote from Canada albeit much closer to the border (so only 30 minute drive away instead of 2 hours). She would only be visiting on weekends or PTO like she does currenlty 

[powerpuff 6,680]

6 minutes ago, mugatu300 said:

Two questions for you:

1) Now, can she give birth in the US while she is still in CR1 process or is that also out of the question?

I already answered that previously. As I said it’s not illegal although the government does not like it but to me, involves too many moving parts.

 

6 minutes ago, mugatu300 said:

2) If she gives birth in Canada, can she and the baby come to visit during the CR1 process?

Yes, as I mentioned she should have evidence of ties to Canada with her in case she’s pulled into secondary.

[Redro 4,611]

7 minutes ago, mugatu300 said:

OK, the living with me here seems out of the question. It did not hurt to ask and I'm glad I did. So, she will stay in Canada (perhaps as close as 30 minutes away from me) and keep her current job (works remote).

 

Two questions for you:

1) Now, can she give birth in the US while she is still in CR1 process or is that also out of the question?

 

2) If she gives birth in Canada, can she and the baby come to visit during the CR1 process?

Sounds like a plan… try it out and see how if works. 
First order would be for your wife to fall pregnant. Are you planning on visiting her or will she be visiting you every month? 
If she is due to give birth just before the interview what are your plans? She will cross the border? She will give birth in the US? Then stay until she can return to Canada for her interview? Will she wait out her last few weeks (heavily pregnant) in Canada or US? 

[Dashinka 24,480]

1 hour 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?

This was over 10 years ago, but I was driving from Michigan through Ontario to the Buffalo area.  The US CBP at Lewiston knew exactly when I entered Canada (Sarnia) as they mentioned I made it there fast, and yes, I was driving a bit fast.

[Mike E 11,739]

1 minute ago, mugatu300 said:

2) If she gives birth in Canada, can she and the baby come to visit during the CR1 process?

Legally yes. Entry is always at the discretion of CBP.

 

How many days of physical presence do you have in the U.S.?

[Lemonslice 4,831]

Keeping her employment until later in the pregnancy/delivery also has the benefit of getting Canadian maternal leave benefits, child benefits at birth, etc.  Not a bad deal.  Might be a good idea to visit her more often, if you can.

[Waffles604 6]

Giving birth in Canada will also give the child Canadian citizenship, something they otherwise wouldn't have as their mother is just a PR (and I assume will lose her PR before naturalizing in Canada).

While you 2 may never plan to live in Canada, it's impossible to say what the child will want 20, 30 etc years from now.

For example I'm currently in a long distance relationship and it'd be awesome for us if my gf could have moved here for a bit and lived with me.

The Canadian immigration process is also headache inducing, so the opportunity to get a "free" passport in a first world country is a nice luxury to have