Applying for TN-Cdn applicant with American child

[taliav]

Just wondering if anyone else has been faced with this dilemma. I worked on a visa in the US a year ago. In that time I had a baby there with an American father. I wish to renew my visa but I was wondering if having the baby there with an American will set me up for a denial when I try to renew it?

Also, would the baby have to be under my visa considering she's an American? Or even be present when I apply?

[Reba]

If your baby was born on US soil with an American parent, then she is an American citizen and does not need to be included on any sort of visa application. You will however at some point need to get it a passport, as well as a Canadian passport, if you wish for her to have access to Canada easily. Especially if you intend to take the baby over the border, she will need ID, and you will need to have a letter from the father stating he is aware of your trip. Unless of course he travels with you.

To get the baby a Canadian passport, you need to go to the Canadian consulate and register her birth abroad. She'll be a dual citizen, and when entering Canada you will have to show her Canadian passport, when entering the US, you will have to show her US passport. Which means you'll have to travel with both all the time.

[tedeverson]

If your baby was born on US soil with an American parent, then she is an American citizen and does not need to be included on any sort of visa application.

I also recently married an American woman and we have a newborn baby. I realize that my baby does not have to be included on a TN application. My concern is that we are traveling to Canada soon, and I'm wondering if I will have trouble returning to the US with a wife and child in tow. Since my TN status depends on an intention to return to Canada upon its expiry, will being married to an American and having an American baby complicate this at the border?

Also, I may travel to Canada a day or 2 prior to my wife and child, in order to spend a little extra time with relatives. Does my wife need a letter from me stating that she has permission to cross the border with our baby?

[Steven]

My concern is that we are traveling to Canada soon, and I'm wondering if I will have trouble returning to the US with a wife and child in tow.

Almost definitely. "Almost" because if your I-94 hasn't expired they may not pay any attention when you cross, if you were renewing TN-1 status then definitely you would have a problem.

Really you shouldn't leave, file an I-485 and wait for approval.

[tedeverson]

Really you shouldn't leave, file an I-485 and wait for approval.

Thanks. The process is I-130 from my wife first, right? And then I-485 when a visa number becomes available?

[Reba]

If you're married to a US citizen and she is sponsoring you, you do not have to wait for a visa # to become available. You should send the I-130 (spousal petition) and the I-485 (adjustment of status) and I-765 (employment authorization) all together at the same time. Maybe the I-131 (advanced parole) as well.

For marriage based immigration info, see http://www.visajourney.com