i-130 petition for spouse and baby- now pregnant. Dual citizen us/canada

[dualcanus 1]

!!Questions in RED!!

 

I'm a US Citizen, I petitioned for the i-130 for my son and husband.

My son: Sept 2023

My husband: Oct 2023

I just received approval for my son's petition, awaiting NVC notice
I haven't gotten anything for my husband. Is there a way to speed his petition up? Or will I have to just wait? 

 

My second situation is, I am a dual citizen of the US and Canada, currently living in Canada. We plan to move to the US all together once they get fully approved.
Do I need to be living in the US first, before they come?

 

I petitioned for my son and husband in 2023, and I am now pregnant --due February 2025.

My son's case was approved today and we are waiting for the NVC. I assume my husband's case will be approved soon.

If baby is born before we all move to the US, what do I need to do for her? do I still do the CRBA? or I file another i-130 for her?

[OldUser 7,285]

Just now, dualcanus said:

!!Questions in RED!!

 

I'm a US Citizen, I petitioned for the i-130 for my son and husband.

My son: Sept 2023

My husband: Oct 2023

I just received approval for my son's petition, awaiting NVC notice
I haven't gotten anything for my husband. Is there a way to speed his petition up? Or will I have to just wait? 

 

 

What's the reason for expedite? 14-17 months is the wait time for I-130 approval. Looks like husband will be approved soon too

1 minute ago, dualcanus said:

Do I need to be living in the US first, before they come?

You need to prove you have US domicile. Canada is strict on that.

[OldUser 7,285]

3 minutes ago, dualcanus said:

If baby is born before we all move to the US, what do I need to do for her? do I still do the CRBA? or I file another i-130 for her?

CRBA as long as you qualify

[dualcanus 1]

3 minutes ago, OldUser said:

What's the reason for expedite? 14-17 months is the wait time for I-130 approval. Looks like husband will be approved soon too

You need to prove you have US domicile. Canada is strict on that.

Okay noted! I'll wait, haha just impatient and excited since my son's was approved!

Yes, I have US bank accounts, and my us citizen brother lives in NY. maybe I should obtain a state ID to support my documents

[appleblossom 2,942]

 

4 minutes ago, OldUser said:

CRBA as long as you qualify

Presumably not if she’s had to petition her other child? 

[dualcanus 1]

4 minutes ago, OldUser said:

CRBA as long as you qualify

Okay noted, I qualify for everything apart from this:

• Physical presence: The transmitting parent must have sufficient physical presence in the United States before the child's birth 

I have visited the US here and there in the past few years, but I haven't lived there since i was very little.

SO will it then be a whole new i-130? (i hope not!)
 

[appleblossom 2,942]

3 minutes ago, dualcanus said:

Yes, I have US bank accounts, and my us citizen brother lives in NY. maybe I should obtain a state ID to support my documents

Those don’t show domicile, plenty of people have US bank accounts or relatives there but never set foot in the US. So you’ll need more than that, but have a hunt around the Canada sub forum for info on how to prove domicile to Montreals satisfaction. 
 

Best of luck. 

Edited 12 hours ago by appleblossom

[OldUser 7,285]

1 minute ago, appleblossom said:

 

Presumably not if she’s had to petition her other child? 

Maybe 

 

Just now, dualcanus said:

Okay noted, I qualify for everything apart from this:

• Physical presence: The transmitting parent must have sufficient physical presence in the United States before the child's birth 

I have visited the US here and there in the past few years, but I haven't lived there since i was very little.

SO will it then be a whole new i-130? (i hope not!)
 

The I-130 is the route. CRBA doesn't apply.

[dualcanus 1]

1 minute ago, appleblossom said:

Those don’t show domicile, plenty of people have US bank accounts or relatives there but never set foot in the US. So you’ll need more than that, but have a hunt around the Canada sub forum for info on how to prove domicile to Montreals satisfaction. 
 

Best of luck. 

Okay thank you! I will do my research

[OldUser 7,285]

@dualcanus why not give birth in the US? Then the kid is a US citizen by birth.

[dualcanus 1]

10 minutes ago, OldUser said:

@dualcanus why not give birth in the US? Then the kid is a US citizen by birth.

this is really smart, I thought about it. However, it will cost us a lot to give birth in the US whereas healthcare is free here

for this reason, I don't think I can convince my husband
 

[dualcanus 1]

29 minutes ago, appleblossom said:

Those don’t show domicile, plenty of people have US bank accounts or relatives there but never set foot in the US. So you’ll need more than that, but have a hunt around the Canada sub forum for info on how to prove domicile to Montreals satisfaction. 
 

Best of luck. 

 Just to clarify,
I'm in Canada but not Montreal (Quebec). I live in Ottawa (ontario), not sure if this changes anything?
Also my US bank statements go to a US address, does that help?

[appleblossom 2,942]

6 minutes ago, dualcanus said:

 Just to clarify,
I'm in Canada but not Montreal (Quebec). I live in Ottawa (ontario), not sure if this changes anything?
Also my US bank statements go to a US address, does that help?

Montréal is the only consulate in Canada that does immigrant visas. 
 

Is the address your own or a friend/relatives? If it’s your own then it will help. 

Edited 12 hours ago by appleblossom

[lenny_k 10]

If you don’t give birth in the US, you will need to petition for your child if born abroad. This costs money and time. Also, your child will not be a US citizen, meaning you will have to deal with all green card/naturalization work. All in, probably not super different from giving birth. 

you need to prove domicile in the US. Nothing you have suggested proves that. You need to have a job lined up, or have one that will send a letter that you will keep working remotely (or transfer) to the US. You need to have a house or apartment, either leasing or owning, in your name.