I am a canadian who has a pregnant in U.S. How do I get card

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yanmillerNew Member
Topic author
Posts: 1
Joined: 21 Sep 2007

I am a canadian who has a pregnant in U.S. How do I get card

Post Sat Sep 22, 2007 4:02 pm

My girlfriend lives in Philadelphia. and I would like to move down within eight months. What do I do? Can I work? How do I go about this? Any other opinions would be great.
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Reba

Post Sun Sep 23, 2007 8:53 am

Are you planning to get married? If so, have her petition for the K1 fiance visa. This may potentially take longer than 8 months though, I think timelines are around a year now.

Do you have a University degree of any sort that would make you eligible for a TN visa? If not, K1 is probably your only legal option.

If you don't intend to stay permanently, then you can just go as a visitor for up to 6 months, but you can't work.
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flames9CanuckAbroad VIP
Posts: 601
Topics: 1
Joined: 8 Mar 2007
Location: Managua Nicaragua

Post Tue Sep 25, 2007 4:14 am

Check out http://www.visajourney.com/forums/ lots of info on relationship type visas such as :
K1 (fiance visa) NOT married yet
K3 and Cr-1 are two marriage based visas. Lots of info on visajourney(VJ) especially on the stickies at the top. plus and minuses to each visa, and from what I have read, pregnancy wont speed up the process, unless its complicated? Best of luck
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viper321New Member
Posts: 2
Joined: 11 Jan 2009

Re: I am a canadian who has a pregnant in U.S. How do I get card

Post Sun Jan 11, 2009 1:41 pm

I am going through a similar situation myself. I have learned a couple weeks ago that my girlfriend is pregnant. She lives in Michigan and I live in Ontario. I haven't started any immigration papers yet but am scrambling to get things in order. From what I have researched thus far, I think my best bet is for us to get married, and then apply for a K3 visa. I'm not 100% sure which is why I am trying to reach out to someone who may have gone through a similar sitation, or could lend advice as to what I should do. I was thinking after we were married I would submit the I-130(petition for alien relative), I-129F(petition for alien fiance), and I-765(application for employment authorization)? As you can imagine, time is my greatest concern, as I wish to be there to support my girlfriend as soon as possible. I dont have any degrees or qualifications for a TN visa, so I was thinking marriage would be the quickest way to get me over legally. Any ideas?
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Reba

Re: I am a canadian who has a pregnant in U.S. How do I get card

Post Sun Jan 11, 2009 2:06 pm

You cannot apply for the I-765 before your K3 is granted.

If you live in Ontario I would strongly suggest NOT going for the K3. The processing time is about the same as the CR1, and the CR1 is a permanent resident visa and is work authorized. The K3 is NOT work authorzed, and will cost you a further $1010 after you arrive in the US to apply for adjustment of status and employment authorization.

For either of the K visas, as well as the CR1 visa, you will be waiting out the process in Canada, not the US. You can visit the US for short times, but you cannot stay there for the whole year it'll take the process to complete.

Once again, for marriage based information to the US see the website http://www.visajourney.com
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viper321New Member
Posts: 2
Joined: 11 Jan 2009

Re: I am a canadian who has a pregnant in U.S. How do I get card

Post Fri Jan 16, 2009 7:14 pm

Ty Reba for your reply, as I found it very helpful. I have been doing more and more research, especially on VJ, and just wanted to confirm a few things I've read. If I travel to the US and marry my fiancee, then return home, do I lose the privaledge to visit her after we're married while the visa application has been submitted? Reba had suggested that I may visit for short periods, but for the most part be waiting out the entire process in Canad. I had planned on this while planning a wedding, but I recently read this:

These Canadian citizens traveling to the U.S. require non-immigrant visas:
treaty traders (E)
fiancé/es (K-1)
and the children of the foreign citizen fiancé(e) (K-2)
a U.S. citizen's foreign citizen spouse traveling to reside in the U.S. while awaiting final completion of the process of immigration (K-3)


from this US website http://www.consular.canada.usembassy.gov/exceptions.asp

I am very concerned because of the fact that my fiancee is pregnant and I obviously want to visit her after we're married and we submit the I-130 for the ir1/cr1 visa. I'm still unsure as to which of the ir/cr would apply to me after we're married and she submits an I-130 for me? Any suggestions?
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Reba

Re: I am a canadian who has a pregnant in U.S. How do I get card

Post Fri Jan 16, 2009 7:25 pm

Yes, you will be able to *visit* while the I-130 is being processed, but you cannot stay for more than your allowed 6 months per year. You will need to show definite ties to Canada in order to be allowed entry. ie: a steady job that you have to get back to, financial obligations etc etc. There's no guarantee of course, CBP can deny you entry for any or no reason at all, but its best if you have ties to Canada to show that you are going about things the legal and proper way.

You would be getting the CR1. Conditional Resident visa, because you will have been married less than 2 years at application. If you were already married for 2 years or more, you would get the IR1 visa. Your CR1 is valid 2 years, at which time you must apply to remove conditions, and then you will have a 10 year Green Card. One year into which you will be eligible to apply for naturalization, if you choose to.
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