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

[mugatu300 8]

5 hours ago, Mike E said:

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

 

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

I am an American citizen so I spend most of my time in the US. We try to rotate visiting each other so I visit her in Canada every other weekend and vice versa. 

[mugatu300 8]

2 hours ago, Lemonslice said:

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.

 

1 hour ago, Waffles604 said:

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

 

The maternity leave and instant dual citizenships are definitely the main perks of having the baby in Canada but we want to explore all our options. I currently live in Buffalo, NY and she lives in Toronto so its a 2-3 hour drive depending on traffic. Since she works remote, she could relocate to Fort Erie, Canada which is only 30 mins away from Buffalo so definitely much improved in terms of getting to see each other more frequently/easilty. If she could have the baby in Buffalo legally while we are in the midst of the CR1 process that may be something to consider... 

 

I work in healthcare in Buffalo so I am comfortable with the OB care here as compared to Fort Erie/NF region.

[SalishSea 17,801]

8 hours ago, mugatu300 said:

 

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.

Doesn’t seem too smart to plan a pregnancy/prenatal care/delivery for a person who will not have legal struts to be here through all of that.   What’s the hurry?   Why not just wait until she’s an LPR?

[SalishSea 17,801]

6 hours ago, mugatu300 said:

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?

She cannot work remotely while visiting the US.   She needs a work permit to work remotely at a Canadian job.

 

You seem to be full of misunderstandings about the difference between visiting and permanent residency?

[Mike E 11,739]

49 minutes ago, mugatu300 said:

I am an American citizen so I spend most of my time in the US. We try to rotate visiting each other so I visit her in Canada every other weekend and vice versa. 

Would you say that in your entire life you have 1825 or more days of physical presence in the U.S.?

[Redro 4,611]

14 hours ago, mugatu300 said:

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?

You should read your post from last year. 

I don't think anything has changed since the last time you asked this question:

 

[jackiegringa 419]

10 hours ago, SalishSea said:

She cannot work remotely while visiting the US.   She needs a work permit to work remotely at a Canadian job.

 

You seem to be full of misunderstandings about the difference between visiting and permanent residency?

It seems like he is talking about her working remotely in Canada by relocating closer to the border and keeping the same job in Toronto. Not working remotely in the USA.

 

Most answers assume the worst case scenario with CBP/OP intentions which makes sense given the experiences around the forum, but sometimes questions are just questions.

[mugatu300 8]

10 hours ago, SalishSea said:

Doesn’t seem too smart to plan a pregnancy/prenatal care/delivery for a person who will not have legal struts to be here through all of that.   What’s the hurry?   Why not just wait until she’s an LPR?

2 hours ago, Redro said:

You should read your post from last year. 

I don't think anything has changed since the last time you asked this question:

 

Unfortunately due to health and personal reasons, we need to pursue trying to have a baby as soon as possible. I know its not ideal given we will pursuing immigration/CR1 stuff at the same time but it cannot afford to wait.

 

We thought it may be possible for her to become pregnant, resign from her job, and then "visit" me for 6 months at a time (using her B1/B2) while we wait out the CR1/green card. But based on the responses thus far, that seems to be a fairy tale and not a good idea (and good way to get B1/B2 revoked lol).

 

Our other option, which is our main option now, is for her to relocate from Toronto to Fort Erie, Canada and keep her current job (works remote) while we wait out the CR1/green card. Her current apartment lease in Toronto is expiring soon and if she moves to Fort Erie it will be much easier to visit each other more frequently especially if there are any emergency scenarios. I can still add her to my health insurance now since marriage is a qualifying event for my employer or I can wait until my open enrollment period in December. The question we have now is, can her OB be in Buffalo and can she have the baby in Buffalo? I feel more comfortable with the OB care in Buffalo compared to the Fort Erie/Niagara Falls area. I know she could always go to Toronto for care but that would be a 1-1.5 hour drive away compared to 20-30mins for Buffalo. 

 

[Redro 4,611]

7 minutes ago, mugatu300 said:

Our other option, which is our main option now, is for her to relocate from Toronto to Fort Erie, Canada and keep her current job (works remote) while we wait out the CR1/green card. Her current apartment lease in Toronto is expiring soon and if she moves to Fort Erie it will be much easier to visit each other more frequently especially if there are any emergency scenarios. I can still add her to my health insurance now since marriage is a qualifying event for my employer or I can wait until my open enrollment period in December. The question we have now is, can her OB be in Buffalo and can she have the baby in Buffalo? I feel more comfortable with the OB care in Buffalo compared to the Fort Erie/Niagara Falls area. I know she could always go to Toronto for care but that would be a 1-1.5 hour drive away compared to 20-30mins for Buffalo. 

 

In theory, she can go to the doctor in Buffalo if they doctor takes her on as a patient. 

But in practical terms will she have issues crossing the border every time she needs to go for a check up?

If she has a difficult pregnancy what is the plan? 

These are things you need to consider. You might feel more comfortable with the medical care in Buffalo but will an OBGYN take her on as a patient if she is a tourist just visiting? Maybe chat to your healthcare provider about the implications of pursuing a birth plan in the US as opposed to Canada. This is not an immigration question. This is access to healthcare question. 

[Redro 4,611]

And remember this post... If the baby is born in the US. They might not be able to travel to Canada after being born. 

Would you and your wife be okay with her returning to Canada alone and having you look after the baby by yourself?

 

Edited July 4, 2023 by Redro

[Mike E 11,739]

Just now, Redro said:

If the baby is born in the US. They might not be able to travel to Canada after being born. 

Yes this was where I was going in my  attempts to pin OP down on physical presence. It seems likely the child will have dual citizenship if born in Canada, making the issue moot.

 

Given provincial health systems routinely send  women to the U.S. to give birth,  there should

is a provision in Canada’s immigration code that would allow a  child of a PR to enter Canada just as there is for children of LPRs born abroad.

[mugatu300 8]

22 minutes ago, Redro said:

And remember this post... If the baby is born in the US. They might not be able to travel to Canada after being born. 

Would you and your wife be okay with her returning to Canada alone and having you look after the baby by yourself?

 

Totally forgot about that post lol. Thank you!

 

So I re-read the posts in that thread regarding this. One post says baby has to wait for certificate of citizenship to enter Canada which takes 18 months. Another post says baby needs to wait for passport to enter Canada which takes 6-8 weeks. Obviously a big difference there. If baby is born in USA and wants to go back to Canada, which one is required and which timeline is correct?

 

Also, if baby is born in Canada, how long is CRBA timeline? How soon can baby come to US after birth? Google information seems to be all over the place. Some say 15 days; others say 6-8-12 weeks...

Edited July 4, 2023 by mugatu300
add crba question

[Redro 4,611]

8 minutes ago, Mike E said:

Yes this was where I was going in my  attempts to pin OP down on physical presence. It seems likely the child will have dual citizenship if born in Canada, making the issue moot.

 

Given provincial health systems routinely send  women to the U.S. to give birth,  there should

is a provision in Canada’s immigration code that would allow a  child of a PR to enter Canada just as there is for children of LPRs born abroad.

It would be child of Canadian PR and USC using US health insurance... and the PR choosing to treated under US health care system not provincial health system sending her to the US. Wife would not in this situation have an OBGYN in Canada... so would they be able to use the provision in Canada's immigration code? @mugatu300 I would have your wife investigate whether or not she could be treated in the US with her Canadian health insurance... As always, it seems like the relationship between Canada and the US confers special privileges that are not available to others with a pending I-130. 

[TBoneTX 45,259]

Older thread, referred to above, has been locked in favor of the current thread.

[Mike E 11,739]

2 hours ago, Redro said:

 not provincial health system sending her to the US

Off topic and that is not how it works in Canada. Tag me in a topical forum if you want to discuss it more.