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

[NandV 87]

You're making this way too complicated

1. Your wife needs to get pregnant - you may be lucky and it happens in the first go or it may take longer

2. The baby born in Canada = sooo many benefits
  - Canada + US (through you since you're a US citizen parent) dual citizenship

  - Part of the commonwealth - cheaper education, ability to study in Canada/aus/uk, travel freely

3. Pregnancy - many many appointments

  - Initially - once every 3-4 weeks + many blood tests

  - 3rd trimester - once every 2 weeks and then once a week

 

imo it's a disservice to both the mom and child if the child is born in the US. I think you're looking at it rather selfishly. Once the child is born, you'll probably qualify for paternity leave. You can go spend time with the child + mom for an x amount of time. It's better than separating the mom and child

 

[LBeachey 44]

On 3/15/2014 at 11:26 PM, Boiler said:

Certainly one of those confusing issues.

There was a case I read about where someone applying for Naturalisation had ticketed the Yes box about has ever been a member of or in any way associated (either directly or indirectly) with the Communist Party or any other totalitarian party, or ever advocated (either directly or indirectly) the overthrow of any government by force or violence.

He served with the Marines in Iraq.

The Interviewing Officer crossed the Yes out and replaced it with No. On what basis was never clarified.

 

On 4/29/2023 at 9:37 PM, TBoneTX said:

An unrelated post has been split from this thread into its own topic in this forum.

 

On 7/3/2023 at 2:40 PM, mugatu300 said:

 

 

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?

 

 

 

As others have said, there is nothing illegal about her giving birth in the US and the bababy likely will be a citizen no matter where they are born. Though her entering the country with a pending CR-1 may very well be denied.  However, it likely is a good idea to add her to your insurance anyway so she has coverage when she is in the US.  When in Canada she would be covered by her Canadian insurance though if you ever file a claim list her Canadian insurance first and then yours second.  The insurance companies will figure out who covers what.

[Mike E 11,739]

2 minutes ago, LBeachey said:

bababy likely will be a citizen no matter where they are born

Citizen of what country(ies)?

[K1visaHopeful 2,810]

On 7/4/2023 at 10:06 AM, mugatu300 said:

 

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. 

 

Major issue you are failing to see....

CBP has final say on whether she can enter at all. EVERY time. The individual officer can use their individual discretion. 

What's she going to do when she:

1. Enters the US to visit you for 6 months.

2. Falls pregnant the next day after arrival to have perfect timing.

3. Leaves to renter Canada at day 182 so she doesn't over stay (provided she was even granted a 6 month stay at her entry as that's not a given).

4. Tries to reenter US BEFORE next 6 months is up and is turned away. 

 

A pregnancy is only 10 months not 12.

A tourist should remain outside of the US for longer than they remain in. That's the golden rule and she could be considered an overstay which would be determined at her embassy interview and be denied her immigrant visa pending a waiver approval if found to be treating her visitors visa as an immigrant visa.

 

[Hocnos 8]

7 hours ago, K1visaHopeful said:

denied her immigrant visa pending a waiver approval

OP is USC, overstay is automatically waived.

[Redro 4,611]

3 hours ago, Hocnos said:

OP is USC, overstay is automatically waived.

Overstay is not automatically waived if you overstay and interview at an embassy. 

[K1visaHopeful 2,810]

7 hours ago, Hocnos said:

OP is USC, overstay is automatically waived.

For those adjusting in the US. That is not the case for the OP.

 

4 hours ago, Redro said:

Overstay is not automatically waived if you overstay and interview at an embassy. 

Correct. They would be denied immigrant visa pending a waiver approval which could take months.

[mugatu300 8]

17 hours ago, NandV said:

You're making this way too complicated

1. Your wife needs to get pregnant - you may be lucky and it happens in the first go or it may take longer

2. The baby born in Canada = sooo many benefits
  - Canada + US (through you since you're a US citizen parent) dual citizenship

  - Part of the commonwealth - cheaper education, ability to study in Canada/aus/uk, travel freely

3. Pregnancy - many many appointments

  - Initially - once every 3-4 weeks + many blood tests

  - 3rd trimester - once every 2 weeks and then once a week

 

imo it's a disservice to both the mom and child if the child is born in the US. I think you're looking at it rather selfishly. Once the child is born, you'll probably qualify for paternity leave. You can go spend time with the child + mom for an x amount of time. It's better than separating the mom and child

 

 

Mother's first option would be to relocate from Toronto to Fort Erie Canada and have baby in Buffalo, NY so really I am asking on her behalf regarding the logistics of it. We plan to have multiple children god willing so future children would not be eligible for the dual citizenship birth rite so dual citizenship isn't really that much of a concern for us.

[mugatu300 8]

15 hours ago, K1visaHopeful said:

Major issue you are failing to see....

CBP has final say on whether she can enter at all. EVERY time. The individual officer can use their individual discretion. 

What's she going to do when she:

1. Enters the US to visit you for 6 months.

2. Falls pregnant the next day after arrival to have perfect timing.

3. Leaves to renter Canada at day 182 so she doesn't over stay (provided she was even granted a 6 month stay at her entry as that's not a given).

4. Tries to reenter US BEFORE next 6 months is up and is turned away. 

 

A pregnancy is only 10 months not 12.

A tourist should remain outside of the US for longer than they remain in. That's the golden rule and she could be considered an overstay which would be determined at her embassy interview and be denied her immigrant visa pending a waiver approval if found to be treating her visitors visa as an immigrant visa.

 

She would not be coming for 6 months at a time. She would be keeping her job in Canada (possibly relocating close to border in Fort Erie) and only crossing border to visit me for a few days at a time or doctors appointment. What we are trying to determine is the likelihood that she would get turned away at border for OB appointments; especially later in her pregnancy. She is currently applying for Canadian citizenship as well (she is Chinese citizen, Canadian PR) and will be keeping her job in Canada so not sure if that's enough evidence to show ties to Canada...

 

I mean, do you think theres a big chance she will get denied at border to go to her appointments/when she is going into labor? Thats the risk we are trying to decide...

[Mike E 11,739]

9 minutes ago, mugatu300 said:

do you think theres a big chance she will get denied at border to go to her appointments/when she is going into labor?

If she is in labor at the port of entry, an ambulance will be called, and it is at best 50/50 whether she is going to a Canadian hospital or American hospital. 
 

Why would she go the port of entry to the U.S. after going into labor?

[K1visaHopeful 2,810]

37 minutes ago, mugatu300 said:

She would not be coming for 6 months at a time. She would be keeping her job in Canada (possibly relocating close to border in Fort Erie) and only crossing border to visit me for a few days at a time or doctors appointment. What we are trying to determine is the likelihood that she would get turned away at border for OB appointments; especially later in her pregnancy. She is currently applying for Canadian citizenship as well (she is Chinese citizen, Canadian PR) and will be keeping her job in Canada so not sure if that's enough evidence to show ties to Canada...

 

I mean, do you think theres a big chance she will get denied at border to go to her appointments/when she is going into labor? Thats the risk we are trying to decide...

That is a very possible scenario to consider. 

 

[Redro 4,611]

39 minutes ago, mugatu300 said:

 

I mean, do you think theres a big chance she will get denied at border to go to her appointments/when she is going into labor? Thats the risk we are trying to decide...

CBP: What is the purpose of your visit?

Mugatu Wife: I’m in labor and need to get to the hospital.

CBP: Why are you going to an American hospital and not a Canadian hospital? 

[Mike E 11,739]

Yeah. This has jumped the shark for me.

 

OP clearly has an aim here, but is not articulating it.  I have a guess, but the T&Cs prevent me from expressing it.

 

OP’s spouse is on a path to a permanent ban from the U.S.

 

 And so, for that reason, I am out.

[Boiler 45,445]

It is amusing watching the around and around and around in circles we go.

[Redro 4,611]

I think @mugatu300 should consult with a lawyer… maybe call in to a immigration show that supplies answers…