K1 or Spousal Visa?

[Finnegyn 2]

Hey there!

 

I've been with my fiance for quite a while and we've been visiting each other back and forth over the past six months since we've had the funds. He's from Florida and I'm from Ontario, Canada. 

 

For starters, I travel using a government issued ID rather than Passport for travel. My Indian/Native Affairs and Tribal status card(s). This has never been an issue though I am in the process of Canadian Passport processing at this time for the purpose of easier travel and marriage documentation. The issue lies in the fact that I just found out that I'm around 9 weeks pregnant with his child and we had plans to get married in July (2024). 

 

With all of the context out of the way now, should he file for a K-1 petition and we just wait on marriage entirely or should we proceed with a Spousal Visa and get married in July? I am scheduled to fly back to Florida on July 13th, about a month and some from now. Considering a K-1 is more costly and takes several months for review and approval (frankly, it's time we don't have!), would we be better off getting married right off the bat?

 

We've planned the marriage for a long time now, weren't aware of the K-1 until recently, and the baby was a massive surprise to the both of us. I've read other threads where people have said babies and immigration don't mix but my fiance strongly feels that he wants the baby in the United States and not in Canada due to his work schedule and cost of travel which I completely understand.

 

To clarify, I am also very well aware that pregnancy doesn't expedite the process and that it makes things a little muddy! My main question lies in the fact of whether or not we should wait for the K-1 or proceed with our regular wedding plans!

 

Thanks for any light that can be brought upon this situation! I'd appreciate any and all advice. 

Edited June 4 by Finnegyn

[Boiler 45,441]

Very rare that a K is a better bet and this seems to be one of them.

 

Also look up CRBA

[SalishSea 17,801]

1 hour ago, Finnegyn said:

Hey there!

 

I've been with my fiance for quite a while and we've been visiting each other back and forth over the past six months since we've had the funds. He's from Florida and I'm from Ontario, Canada. 

 

For starters, I travel using a government issued ID rather than Passport for travel. My Indian/Native Affairs and Tribal status card(s). This has never been an issue though I am in the process of Canadian Passport processing at this time for the purpose of easier travel and marriage documentation. The issue lies in the fact that I just found out that I'm around 9 weeks pregnant with his child and we had plans to get married in July (2024). 

 

With all of the context out of the way now, should he file for a K-1 petition and we just wait on marriage entirely or should we proceed with a Spousal Visa and get married in July? I am scheduled to fly back to Florida on July 13th, about a month and some from now. Considering a K-1 is more costly and takes several months for review and approval (frankly, it's time we don't have!), would we be better off getting married right off the bat?

 

We've planned the marriage for a long time now, weren't aware of the K-1 until recently, and the baby was a massive surprise to the both of us. I've read other threads where people have said babies and immigration don't mix but my fiance strongly feels that he wants the baby in the United States and not in Canada due to his work schedule and cost of travel which I completely understand.

 

To clarify, I am also very well aware that pregnancy doesn't expedite the process and that it makes things a little muddy! My main question lies in the fact of whether or not we should wait for the K-1 or proceed with our regular wedding plans!

 

Thanks for any light that can be brought upon this situation! I'd appreciate any and all advice. 

Both options involve a wait.

 

Perhaps I'm wrong, but I also thought certain Canada First Nations members did not need visas to live in the US?

[Finnegyn 2]

4 minutes ago, SalishSea said:

Both options involve a wait.

 

Perhaps I'm wrong, but I also thought certain Canada First Nations members did not need visas to live in the US?

 

Yes, I'm very aware!

 

And yes, it ultimately depends on your lineage percentage. You have to be of at least 50% First Nations blood to be able to move freely between both countries. I'm about 25 to 37 some. Both of my parents are mixed. So while I do have the benefit of traveling to a degree, I cannot move there legally with my status.

[SalishSea 17,801]

Just now, Finnegyn said:

 

Yes, I'm very aware!

 

And yes, it ultimately depends on your lineage percentage. You have to be of at least 50% First Nations blood to be able to move freely between both countries. I'm about 25 to 37 some. Both of my parents are mixed. So while I do have the benefit of traveling to a degree, I cannot move there legally with my status.

Ah, thank you for clarifying, as I really have only seen it referenced in passing!  I don't recall anyone here on VJ who qualified for that.

 

Most here would recommend a spousal visa over the K-1 - even those of us who did a K-1 back in the day, when it was cheaper and faster.

 

The big advantage to the CR-1 is not having to adjust status.  And, as we saw during the pandemic, a spouse is a legally recognized relationship, which is prioritized by US immigration.

 

If it were me, I'd proceed with the wedding as planned and have the USC file the petition asap.  I've also seen MANY Canadians recommend giving birth in Canada, for various reasons.  I'll tag @Ontarkie to give perspective.

[Dashinka 24,478]

I agree, I would pursue the spousal visa process.  You can visit while the process is ongoing, but make sure you both research CRBA assuming the child is born in Canada so you don't have to deal with trying to expedite a new I130 when the child arrives.

 

Good Luck!

[JeanneAdil 6,489]

congratulations and very best to u and the new family to be

another vote for spousal visa 

[mam521 2,056]

You answered the question about the Jay Treaty.  It's unfortunate that that doesn't quite work!  

 

It's a conundrum you'll ultimately have to decide on.  If you go the K1 route, you won't be able to travel to Canada or work until your application is approved.  It is more costly, as you say.  Are you prepared to be 100% dependent on your partner and unable to visit "home" until your paperwork is through?  New baby usually means you want to share with your family.  

 

If you choose the CR1, the advantage for you having the baby in Canada is you're familiar with the medical system and likely have some supports, be it family or friends.  I understand baby's dad wants to be involved and the costs aren't fun, but at least you can claim EI in Canada and have your healthcare looked after while you wait. When you do enter the US, you'll be able to work and travel freely.  

 

There is legislation in Canada that is in the works to allow second generation to claim citizenship, but as of right now, it's not.  If you have the baby in Canada, the baby's children will (without the legislation change) be allowed to claim citizenship.  Yep, its far into the future, but it's a consideration none the less.  

 

Good luck!  

 

[Ontarkie 14,214]

Another vote for the spousal visa and giving birth in Canada. Obviously I did not have kids in every state or province but my experience is stay in Canada to have your little one. I found the way they treat you during the entire pregnancy/delivery  to be night and day between Canada and the US. Plus in Canada you can use laughing gas in labour not an option in the US. Depending on your choices for pain management. In the US as a first time mom it would be very wise to get a doula to advocate for you. 

 

Then you have the claim to citizenship to future grandchildren. Way off I know but worth thinking about until they get it appealed. 

[KMG 125]

15 hours ago, Finnegyn said:

Hey there!

 

I've been with my fiance for quite a while and we've been visiting each other back and forth over the past six months since we've had the funds. He's from Florida and I'm from Ontario, Canada. 

 

For starters, I travel using a government issued ID rather than Passport for travel. My Indian/Native Affairs and Tribal status card(s). This has never been an issue though I am in the process of Canadian Passport processing at this time for the purpose of easier travel and marriage documentation. The issue lies in the fact that I just found out that I'm around 9 weeks pregnant with his child and we had plans to get married in July (2024). 

 

With all of the context out of the way now, should he file for a K-1 petition and we just wait on marriage entirely or should we proceed with a Spousal Visa and get married in July? I am scheduled to fly back to Florida on July 13th, about a month and some from now. Considering a K-1 is more costly and takes several months for review and approval (frankly, it's time we don't have!), would we be better off getting married right off the bat?

 

We've planned the marriage for a long time now, weren't aware of the K-1 until recently, and the baby was a massive surprise to the both of us. I've read other threads where people have said babies and immigration don't mix but my fiance strongly feels that he wants the baby in the United States and not in Canada due to his work schedule and cost of travel which I completely understand.

 

To clarify, I am also very well aware that pregnancy doesn't expedite the process and that it makes things a little muddy! My main question lies in the fact of whether or not we should wait for the K-1 or proceed with our regular wedding plans!

 

Thanks for any light that can be brought upon this situation! I'd appreciate any and all advice. 

I would file for Spouse Visa-you will have more benefits and it is less costly.  I am not sure why pregnancy would muddy the process, but maybe someone else has more insight on this.

[mam521 2,056]

3 hours ago, Ontarkie said:

Canada you can use laughing gas in labour not an option in the US.

Learned something new today!  I had no idea you can't use laughing gas down here...that's silly!  

 

48 minutes ago, KMG said:

I am not sure why pregnancy would muddy the process, but maybe someone else has more insight on this.

It just adds another thing to do because dad will have to file a CRBA for the baby versus the baby just being born in the US.  If mom and dad are aware of what's required, not a big deal.  Just takes time, is all. 

[W199 331]

You mentioned you were concerned about K-1 being more costly. The total cost of the K-1 vs the CR-1 journey includes much more than the application fees. It is extremely complex. The total cost could end up being 10's of thousands less expensive or it could be the opposite, more expensive. It all depends.  For myself the K-1 was 10's of thousands more expensive due missing out on being able to file married-jointly earlier. But the K-1 saved me thousands in other ways to slighly offset the loss, but I still had a huge loss.  It all depends on the couple/s personal situation and circumstances on whether the total cost will be less or more. But I don't care, because  more importantly, I got what I wanted, which was being engaged and getting married in the USA with my family,

 

You also said your primary concern was having the baby born in the USA, and presumably to be living, staying, physically and mentally supported, with your husband during that time. Maybe he is concerned about bonding with you and the baby during that time, helpting you out, etc... It's very unlikely you will even come close to that goal with a K-1 or a CR-1.  Hence, since you have been planning this wedding for a long time, and that is what you want, it seems reasonable not to delay that plan, especially since you are pregnant. But that is a personal choice. But first, I would suggest discussing your situation with a lawyer to see if there is any other way to achieve your goal without hurting your future immigration journey.