Fri Sep 02, 2011 3:44 pm
It sounds like you should check out visajourny.com. It's the best website to help you with that sort of thing.
Assuming your child's father is your fiance, moving them will be fairly simple. If it's your fiances child then you should apply for dual citizenship for him/her. If not, there is a spot to fill in your child's information on your visa application. A few papers would be filed separately, but your child would be included on most of your forms.
The most obvious visa for you would be a K-1 Fiance Visa. (This is what I did.) My application took ten months to process (we submitted it in September 2010 and I was approved in June 2011.) The visa allows you to enter the USA in order to marry your USA Citizen Fiance within 90 days. It is NOT a green card. Following approval of a K-1 visa you enter the USA (as a fiance- you can't marry in Canada, it must be in the USA.) You must marry within 90 days or you have to return to Canada. Following your marriage, you apply for Adjustment of Status, and a work permit if you want to work. The application is to adjust from what's known as a "white card holder" to a green card, or permanent resident. Since your green card would be based on a marriage less than two years old, your green card would be temporary. It would need to be renewed by two years. The process is lengthly and expensive, but it's worth it. You are not aloud to leave the USA while your Adjustment of Status Application is processing, unless you apply for it.
It's not a good idea to enter the USA as a tourist (what you normally do when you go across the border) and then marry and apply for adjustment of status because you would have basically entered the USA under false pretences. Unless you truly marry in a crazy spur-of-the-moment thing, (which is really hard to prove) it's probably not your best bet. The other option is to marry now and apply for a K-3 Spouse Visa. This takes a while to process as well (similar to the K-1 but you can check the United States Citizenship and Immigration Services website for processing times) and you must live apart while it is processing. The advantage to a K-3 is that you are given a green card at the end of the process.
I hope that helps.