Good morning. I am a U.S. Citizen married to a Canadian and living in Canada. Recently I discovered that I was pregnant and that Ontario Health Care would not cover me throughout the pregnancy. My only option is to return to the U.S. to get the health care that I so badly need. My husband, understandably not wanting to leave me alone through pregnancy has announced that he is going with me.

I have to go through this process quickly. I've already been hospitalized for pregnancy complications once (four months along) and the possibility is always present it could happen again. I've been reading through the K-3 and I-130 guides and it seems if my husband accompanied me to the U.S. he could be deported for filing for an AOS? In addition to this, I do not work. My husband works. How am I to prove an affidavit of support when it is he who has been supporting me all this time in Canada? I could get a job when I get to the U.S.,yes, but something tells me hiring a pregnant woman isn't on most companies list of things they really want to do...laws or no laws. I won't be able to hide this pregnancy for much longer. Would the U.S. really deport and ban my husband? We weren't trying to sneak around and get him into the U.S. We didn't even plan on living in the U.S. It wasn't until I discovered that I had to be there that we decided it was probably for the best.

Money is tight and I don't know if I've ever been so worried. I'm afraid this is going to cause undue stress on the pregnancy and cause yet another uninsured hospital stay in Canada that we cannot afford. The ideal would be to go to the States first and then file for an AOS and a work permit. Can we do this safely? Please help. Thank you.

Correct, you cannot visit and file for AOS, the visit will be considered Non-immigrant, entering the USA with the intent to immigrate. You have to file for a K-3 or CR-1 visa and do it the correct way.

One advantage a canadian has is that they can visit while waiting for the visa, just don't overstay the visit.

I just posted on this:

SEE: http://www.visajourney.com/forums/index.php?showtopic=80853

If your husband goes to the US as a tourist and intends to stay and adjust status while in the US then that is visa fraud.

For an affidavit of support, you can get a relative or friend to sign this for you but the person signing would be legally bound to cover your husband financially (if the need arises) during his time in the States. He would get no financial help from the State what-so-ever.

How far along in your pregnancy are you? The reason I ask is that your husband can stay in the US on a tourist visa for 90 days BUT during that time he cannot work.

If your husband must work, then he would have to stay in Canada. I don't want to recommend that you spend time apart during your pregnancy but I think that is the only option available to you. Spouse visa's are taking about 10 months to authorise which is far to long for your situation.

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I heard something about DCF which supposedly, going through Toronto would take a little less than a month. What would I file first? Do I file K-3 or do I file I-130?

And there is no one else to sign an affidavit of support.

Aren't Canadians permitted to stay for 6 months?

It is possible to file directly in Canada, but it will definitely take longer than a month. There's quite a back up for interviews in Montreal, which is where it would have to be for directly filed petitions for immigrant visa applications. If you filed directly in Canada, the I=129f/K3 would not come into the picture.

The proof of sufficient income/assets is essential. You are required to have 125% of the poverty guidelines for your household in US income (or foreign income if it will continue in the US after moving) or 3x the required income in assets (ie, savings, a house, etc) or to have a joint sponsor who meets the requirements (a joint sponsor would need 5x the requirement if they were using assets only). If you or a joint sponsor cannot meet the requirements, the visa is not granted.

I'm sorry to hear about your situation though - how terrible that you can't get proper care in Canada! I thought they had good universal health care.

EDIT - Are you sure you could get proper health coverage in the states? I thought that was even harder.

For DCF, you would file just a I130. You can't do DCF for a K3, only the CR-1/IR-1.

Your husband can visit for 6 months, but can't work in the states. Being from Canada, he can go back and forth fairly regularly to visit depending on how close you and he will be to the border.

Please add a timeline (http://www.visajourney.com/timeline/intro.php).

Yes, Canada might have good universal, but we don't know the full situation. Was she just visiting, does she have permanent residency, obviously she did not get citizenship? Universal healthcare doesn't mean that anyone who can get into Canada receives full coverage. You can get emergency care, but they sure will try to collect from Americans, Brits, etc. for services used.

Thanks for pointing that out. I made the mistake of assuming she was resident in Canada.

Well said , our universal health care is great here ,
but as urge to race said ,you have to prove to be citizen or LPR and reside in canada to be eligible to have coverage , if not its just like for us goin to the states and becoming sick while visiting we pay , and yes as canadian citizen your allowd to visit for 6 month , only canadian permanent resident LPR , ( as knowen in states as green card ) need a tourist visa wich is valid for 3 month ( 90 days )
so if hes canadian citizen and you should end up giving birth in the states he would be able to be with you ,( depands if your farther then 3 month in your pregnancy )

you could try a familymember as co sponser ??
good luck Lona

Technically I still have visitor status here and thus am ineligible for health care. I would have begun this process a long time ago if it weren't for the fact that a government worker informed me that I was approved for health care due to my marriage to a Canadian citizen and the length of time I have been present in the country. I later discovered that this was inaccurate. I do have health care in the States, but it will not cover services rendered in Canada.

I just.....am finding it so hard to believe that there is nothing I can do merely because I do not work. I am not authorized to work here, doesn't that count for something? I have not been here the nine months that is required to file for a work permit. And 10 months for a K-3 visa? The Consulate in Toronto (the one we would be going through) gives an average wait time of 22 days from reciept of paperwork until the actual interview is scheduled. Of course, if I don't work that doesn't help me any, but I don't work because I am not formally allowed to work. What gives? Plus, I've heard to use DCF one must be a resident in the country for a certain amount of time and I have only been here for a few months. It seems like the more I read the more confused that I get.

Hi,

- You are not eligible for a K-3 visa - The K-3 Visa allows the spouse of a U.S. citizen, who is waiting abroad for an immigrant visa, to enter the United States as a nonimmigrant and then apply for immigrant status while in the country- this doesn't apply in your case as you are both in Canada (unless you go to the States without him).

- Interviews for IR-1 (Immediate Relative) visas processed in Canada can be filed at Toronto, if you meet the residency requirement required to file there, however, the interview will take place in Montreal.

- It will take almost a year to go through the process, currently Montreal has a 4-8 month wait for an interview (and that is just the last step in the process for the IR-1).

- To see the rules for the Affidavit of support, please read the instructions for form I-864, I know it seems kooky that just because you don't work there is no way for you and your husband to move to the States (for you to sponsor him), however that is actually very true (even if you worked in Canada, they won't take your Canadian earnings in to consideration as the earnings would not continue once you moved to the U.S.). The only alternative is a co-sponsor, which you mention you don't have, or to have 3 x the poverty level in assets (Cash, house, etc) as mentioned above. For the two of you the asset dollar figure would be $ 51339.00 U.S. (poverty level for a household of 2 is 17,113.00 for 2007).

Just a P.S. - in re-reading your posts I noted you didn't say that you don't have a co-sponsor. In reading the I-864 instructions you will be able to find information on that possible avenue.

To me you could try and ask for a quicker processing due to your health. File I-130 and try that. Do you guys want to move to the US?

Moving to the U.S. is the goal. My husband's company recently laid off all of its Canadian workers and relocated all business to its U.S. branch which is--coincidentally--right outside of my hometown in Georgia. Due to the fact that training for the new American workers was iffy at best, and no one from the Canadian branch relocated to Georgia we are hoping that we will have a shot at him getting a work visa to work at this particular U.S. branch since the work none of them have experience with he has been doing for 10 years. We aren't holding our breath though. We know that if there is any sort of extra paperwork involved 9 times out of 10 people do not care what your situation is--even if he could be an asset to them right now in Georgia.

Maybe it wouldn't be quite so frustrating if his company wasn't so close to where I would have to return to. It just seems like its dangling in front of my face.

I recently called my Uncle who is the Vice President of a rather large Petrol company in the States and asked him about processes for hiring Canadian workers. He is putting me in touch with one of the company's immigration attorneys so I am keeping my fingers crossed. I don't care what we have to file or how long it takes, as long as we can file it within the States.

if you file for a work visa, you will have to wait for a visa number to become available this may take years because only a limited number of visa's are issued each year
however, family based petitions are not subject to availability
as a USC you could approach the consulate in canada i am certain they would have a USC services section
they can advise you on the best course of action without having to pay any attorney fees

I may be wrong but i believe as a usc, you are entitled to some form of assistance from them as an american abroad.

My read of your situation gives the impression your best course of action would be to return to the US as soon as practical and get the medical care you need. Let your husband stay behind and visit as finances and time allow. Concurrently, you can file an I-130 for an immigrant visa for him, either DCF or from the US. DCF might save some time. Also concurrently, your husband can pursue his work opportunities in Georgia, through his employer. They too can sponsor his visa. If he comes on an H1B visa, your I-130 can then be used to adjust status instead of to pursue a visa. Adjusting status to permanent resident is allowed for H1B visa holders but not for visititors in your circumstances.

The suggestion above entails some separation but I imagine you intend to make the well being of your child and self top priorities. Good luck.

The OP won't be able to DCF since she only has visitor status in Canada.

http://toronto.usconsulate.gov/content/con...igrant_petition

I'd like to add that a co-sponsor does not have to be a family member.

Actually Canadians can apply for a TN (Nafta) visa to work in the U.S., as long a they meet certain criteria. While it is not a cake walk, it takes a few months, rather than years (he just needs an employer to sponsor his application).

Why not ask the Uncle at the Petrol company to joint sponsor your husband?

Any US citizen or legal resident can be a joint sponsor, it doesn't have to be family even. A friend or acquaintance can also sponsor.

Canadians can apply at a POE with the required documentation.

The OP's husband already has immigrant intent though so would that not be fraudulent to obtain a TN when his intent is to immigrate?

Are you sure that the coverage that you have in the US wont reimburse the costs if you receive medical treatment in Canada??

The coverages that I have had provide for this should I be out of the county or out of their service area.

I appreciate all the many responses. Luckily, and with many prayers, the situation has been rapidly resolved. I spoke with a friend I knew from Yahoo who had a similar situation and referred me to her attorney. Bringing my husband into the U.S. on a visitor visa and then filing for AOS is actually perfectly legal. The only problem would lie in getting over the border. Once that hurdle is crossed, there is no need for us to be separated or to file any other visas. The other woman that I have been speaking with both on the telephone and via messenger was a great comfort. She advises myself and anyone else in an immigration situation not to attempt the paperwork and hassle yourself but to hire a competent attorney. A few thousand dollars and forms filed together got her husband from I-130 to Green Card interview in two months. I'm not expecting anything as quick as hers, but there is no way this has to take a year or more either. That's insane. I'm willing to dole out that kind of cash. I'm not going to let the paperwork and the headaches and the stress get to me right now, especially when I'm pregnant. We are just going to give it all to a lawyer and let it be handled from there.

In addition to this, my husband's company has agreed to hire him on at their Georgia location. We are keeping our fingers crossed about this until we get the reassignment papers in our hands.

Thank you for your responses and I wish each of you the best of luck with your own situations.

Sorry, but it's not "perfectly legal'. It's fraudulent to enter as a visitor with intent to immigrate upon that entry.

In my opinion, no, I don't think it is. Who knows what his intent is, let's say he received a TN, who is to say if he would ever apply for AOS, they may never bother, they may move back to Canada in 2 years. Just because you want to go and live in the U.S. and you then get a TN visa, I don't think that is necessarily fraudulent?

I don't think that the OP necessarily said they have 'immigrant intent' - they were/are in a hurry and are looking at all options - PR status is generally the first thing that comes to mind, but may not be the easiest.

In any case, (to the original poster) I'm glad you have found a way to proceed, I'm really glad your stress level has been reduced and I wish you both good luck!

Perhaps you're right but they did mention AOS in their first post.

However they definitely DO have immigrant intent now based on their last post...

Just to clarify, I just find this conversation interesting, I'm not trying to be argumentative

So let's use a hypothetical. Say that my Husband and I were pondering a move to the States, in fact had decided to move and were looking at our options, K visas, IR1 etc.. Say my Husband got offered a job in the U.S. tomorrow, they want to sponsor him for a TN visa and give him a 2 million dollar salary (ok I just threw that in for fun).

Because we had discussed our want to move to the States and had discussed possible visas, if he then turned around and accepted that job and we moved over there - would that be fraud - assuming we decided to do an AOS later?

Or, even better, here is a 'real' example, because I know someone who has just done this.

2 Canadians are married, they move to the U.S. on a Nafta visa, have been living there for 7 years on this visa. Each year they have to cross the border and renew the visa.

Last year the wife discovered that she had a claim to derivative citizenship and promptly filed the N-600 and had her citizenship documented. Now we have added an American citizen to the mix.

This year they came up to Canada and crossed the border as usual, renewing his TN visa and that of their child. She showed proof of her U.S. citizenship at the border.

They have now applied for AOS for the child and the Husband. Would you consider that to be fraud? Should they have left the home that they own, his job of 25 years (Canadian company which became a U.S. company) to come to Canada and file the I-130?

Neither was I! My comment about it being possibly fraudulent was actually a question because I wasn't 100% sure.

I'd also be interested to hear responses from others who know more about the TN, etc. comment on the 2 situations you presented. Actually, just the first one since the second one is different (both Canadians and the wife only found out later that she could apply for citizenship).

As for the OP, if they do pursue the suggestion of their friend (enter as a visitor with intent to immigrate), that would be fraudulent.

Yeah, I agree, basically crossing the border knowing you want to immigrate but saying you aren't going to is a lie - or fradulent as it were. I wonder how many people actually do that - sounds like a question for a poll!

As previously mentioned by someone else, no this is not entirely legal, and not entirely as easy as it sounds.

First, your husband will not be able to work for possibly several months if this is the route you intend to go. The likelihood of him receivng a green card in just two months is slim to none, and honestly, a lawyer can't speed up that process at all. It goes as quick or slowly as it goes, and every district office is working on different timelines. For instance, Atlanta GA office is only now working on Adjustment applications that were sent in in January of this year and employment authorization applications from April of this year. Can you and your husband survive if he cannot work for 3 months or more? btw, you'd still need someone to sponsor, which if I recall from previous posts, you've said you don't have.

Will your husband's company, willing as they are to reassign him, be willing to wait for 3 months until he's eligible to work legally?

TN is legally not an option because of the intent to immigrate at the outset. Yes, TN visas are generally eligible to adjust status *after* one has already been in the US for some time *if* the hiring company wishes to sponsor the green card, or if they get married to a US citizen *after* arrival. As you're already married, and expecting a baby, an application for a TN visa now could prove more than a little bit tricky.

Here's a website with some info on TN visas and this leads directly to their page that lists some reasons that TN visas are denied. http://www.tnvisaexpert.com/articles/top3_mistakes/ One reason being of course, intent to immigrate.

The only "fast" way to immigrate is reserved for First Nations. Thought I'd throw the link here for the OP on the chance that her husband qualifies:

http://www.visajourney.com/forums/index.php?showtopic=78847

Fret not. We have enough money to survive for a year at least with neither of us working if it came to that. That isn't too much of a concern. I must throw in as well that I'm college educated and perfectly capable of working within the U.S. while waiting for proceedings. I think I mentioned in my original post that I did not expect our case to necessarily go as quickly as my friend's did, although that would be nice.

The lawyer said it was fine to enter the U.S. however we need to. Personally, I do not find the strict immigration policies for spouses of U.S. citizens to be in the least bit fair and I'll cross the border however I need to in order to have my husband with me. I'm just not going to be one of those people who is separated from their spouse for the better part of a year over confusion of how best to enter the U.S. I understand the tragic need to do that when one's spouse is coming from a country which does not automatically grant a visitor visa. Canada does grant this visa. Canadians are assumed to be on a visitor's visa when they cross the border and it is legal to file for an AOS while on that visa. If the law is on our side, I do not see how anything should be fraudulent. My husband has never once been asked at the border "Sir,do you plan to immigrate or file paperwork to immigrate while in the U.S.?" For all practical purposes we are visiting family and that couldn't be more true. Also there is the job, so we would have to be down there anyway. It's so close to my hometown it all seems...well...almost divine.

And although I understand why some people would believe that using a lawyer isn't quicker and anyone can file these forms (very true) it must be taken into consideration that the layperson (no matter how much research he or she does because a lot of what one reads is either confusing or just plain inaccurate) isn't as adept or experienced at either understanding the forms, knowing what all can be filed at once, filing in the right area, etc. There are all manner of mistakes that can be made. Although I do have faith in my ability to understand simple forms, I'm just not taking chances. I know a girl who had a great experience through a lawyer and therefore plan to go that route. It just makes more sense to me to use a lawyer if its an option financially.

Thank you for those with the kind wishes, the good luck, and the positive outlook. May your situations come to the best possible resolutions and that goes for all of you.

Best of luck!! Hope it works out for ya, and if I read it correctly, he is just going to enter the USA on a visitors visa then AOS!! Knowingly doing that is fraud! And you will only have urself to blame if it doesn't work. Chances are it will go through fine,but if it doesn't, well,won't be a pretty situation, but thats ur choice.

We used a lawyer, and if ur case is straight forward, all they are is an expensive proof reader(You did mention ur college edumacated, so I assume you can read)!! VJ is a super free resource! Hope it works for ya!! Keep in mind while he comes to the USA and starts the AOS process, he best not go back to Canada until you reach a certain part of the process ( i didnt go this route) otherwise he may be denied entry! This includes to see sick friends/family members, funerals!! Just something to think about. Enjoy your visa travels!!

How long are they going to hold that job for him? He won't be able to work for several months without employment authorization, and he won't be able to get a SSN until he's got the EAD. Will his employer hold that job open for 3 or 4 or 6 months?