My Fiance and I have been together nearly 3 years, however have not begun to work on her vesa (for some reason it looked like allot of work.) Well, now it seems we are out of time, and have a baby on the way (between 2 and 3 months pregnant).

In the long term perspective, we have every intention of raising the child in the US, and as a US citizen. However, if the baby is born in canada, since we are not both US citizens the baby does not recieve automatic birthright citizenship. From what i can tell, any of the options i have found (K1, K3, or IR-1) would make her move to the US very close to the due date, and seem a bit risky.

So, the option i seem to be left with, is if the baby is born in Canada, file for a "Born Abroad"... and thats about all the information i can find. I "think" that will allow me as the paternal father to apply for citizenship for the little one, but my question is... Would the babys citizenship be considred full citizenship, or would the same restrictions such as the afadavit of support (10 work years time) be in effect?

I would hate to see our poor choices cause hardships for him/her down the road, such as not being elegeable for federal financial aid for college, and such

Any advice could sure be usefull... waiding through all of this has been such a job, i've barely had time to be excited about being a father!

To answer my own question, i found a great explanation of things... although not from a deffinitive source. Seems like a pretty solid explanation of things tho, and a wealth of information. (kudos to the author!)

http://www.richw.org/dualcit/law.html#CitByBirth

Here is the info you will need.

http://www.amcits.com/birth.asp

And congrats on the upcoming little buddle of joy

Perfect! that is excactly what i was looking for... thanks a ton!

heh... so... the day i found out, and started really researching the visa process... (before i found this resource)... I grabbed the phone book and made an appointment with the only lawyer that dealt with immigration in this area. Met with her today...

Her advice was... for my fiancee to come over on a normal visit, go up to the courthouse and get married, and she would take it from there by filing an adjustment of status

So, i asked her... "umm.. isn't crossing the border with intent to immigrate illegal?"... which my only response was, " i can only advise you not to say that"...

Anyway... needless to say, I wont be spending the 3 grand to retain her =P I supopose it would be hard to catch that it was pre-meditated.. but not worth the risk of permanent separation....

nope.....its not worth the seperation....especially now with a baby due.

Have you called them yet to find out the steps you need to take to register the birth as you are not married?

On looking at the processing dates this is how I see it

K-1 visa
NSC is processing receipt dates of december 21 for I-129F fiance

K-3
CSC is processing receipt dates of september 2 for I-130
(I-130's from NSC are transferred here which adds a little time to when you would get NOA1, maybe 2-3 to recieve NOA1) So once you receive that you submit the below to enable an application in the end for the K-3.

MSC (National Benefits Center) is processing receipt dates of January 30 for I-129F spouse


When you actually look HERE the K-1 and K-3 are pretty damm close on average. I would actually go as far to say that I believe the I-129F (spousal) processing date at MSC being 40 days ahead of the processing date at NSC for the I-129F fiance, that the K-3 visa just may be that lil bit faster for you. But it can change at any time unfortunately. Being married though I imagine will make things a little easier when it comes to registering the birth of your baby at the embassy.

Are you able to visit with her often.....I hope so.

well congratualations on the baby anyhow