Visiting the States with My Newborn

[mjgirl89]

My Husband's an American citizen and I'm a Canadian citizen. We're actually newly weds (married in the States) and I'm pregnant and planning to have our baby in Canada cause the majority of MY family is there (heh!). But we want to head to the States a few days after the delivery because we'd like to visit his family. Is there any way that this could work out a few days after the delivery? I won't be working there or anything.

[Reba]

What are you plans for after that? Where do you all intend to live, Canada or the US? Have you started any immigration paperwork to that end?

If you show up at the border with USC husband and baby in tow, you are quite likely to be denied entry, they will basically suspect that you are attempting to enter the country to stay illegally. They don't like that obviously.

If your plan is to have your husband move to Canada and you will be sponsoring him for a spousal visa, get the paperwork started now, and most likely it will be completed within 6 months, and once he is a LPR of Canada, your visits to the US will be much easier.

For info on immigrating ot Canada see http://roadtocanada.com

If however the plan is to have you move to the US, see http://www.visajourney.com for marriage based immigration info

ALL the informtaion you need for either circumstance is at those 2 websites.

[Steven]

Not a good idea unless you've completed AOS because you'll be deemed to have abandoned your application. Plus re-entering without LPR status will raise lots of nasty questions from CBP, they'll probably want to see a K-3 or CR-1 visa in your passport.

The general advice in this situation is to not leave until you have your PR card in your hand, Reba posted the links on how to file for AOS above. I-485, I-864, I-765, G-325A, etc.

[mjgirl89]

SO I finally had my baby, and I wasn't able to find this question cause I don't have much time since my hands are always full. The question is, once I file the I-130, am I able to visit the states? Or do I have to wait till the whole process thing is over? Btw, I live in Canada.

[agnelson]

No, as expalined above, you need t oeither complete the grrn card process or get a K-3 or Cr-1. Visajpurney would have told you all this.

[Reba]

Actually, you *might* be able to visit, IF you can show stronger ties to Canada than to the US. If you have no job, and no home that You pay for yourself in Canada, visiting the US will be rather difficult, because your husband and baby are ties to the US.

[agnelson]

The problem is this is AFTER filing I-130. It's hard to play the ditzy/clueless/postpartum/cant-decide-where-to-live card at the border when you've recently taken the calculated step of filing I-130 and are on the way to join your husband.

Personally, I wouldn't be travelling to the border, or airport with a newborn unless I new 100% I was going to be able to cross. I'd be having daddy visit me.

[Reba]

Having Daddy visit Canada would be easier yes. However, there is no law against going to visit the US after a petition has been submitted. You just have to prove non-intent and ties to home. Which, as I've stated several times, is difficult (but not impossible) to do when you have a USC spouse and child.