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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.

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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


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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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.


Cheryl

06/2005 Met Josh online ~ 02/2006 My 1st visit to the US ~ 09/2006 2nd US visit (Josh proposed) ~ 02/2007 3rd US visit (married)

04/2007 K3 visa applied ~ 05/2007 Josh's 1st UK visit ~ 09/2007 4th US visit ~ 02/2008 K3 visa completed ~ 02/2008 US entry

~*~*~*~*~*~*~*~*~*~*~*~

04/2008 AOS/EAD filed ~ 05/2008 Biometrics ~ 06/2008 EAD recv'd ~ 08/2008 Conditional greencard

~*~*~*~*~*~*~*~*~*~*~*~

02/2010 3rd wedding anniversary ~ 06/04/2010 Apply for lifting conditions ~ 06/14 package delivered ~ 07/23 Biometrics

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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.

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.

Edited by MargotDarko

My Crafting Blog - On a Roll - Blogspot

3179788211_95b93e62af_t.jpg3179788215_6a1e497e9b_t.jpg3165849344_f296789fd3_t.jpg

_______________________________________________________

US Immigration Timeline

-------------------------

24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

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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).

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.


03/12/2007 - Married to my beautiful wife

04/16/2007 - Sent I-130 to VSC via USPS Express Mail

05/12/2007 - NOA1 received by snail mail after a loooong wait

05/14/2007 - Sent I-129F for K3 to Chicago Lockbox via USPS Express Mail

10/22/2007 - I129F APPROVED (161 days), I130 APPROVED (188 days)

11/08/2007 - I129F received at NVC, embassy case number generated.

11/13/2007 - I129F forwarded to embassy.

11/18/2007 - 129F petition received at embassy

01/09/2008 - finally, DOS gives me the interview date, April 16, 2007 (ouch)

01/23/2008 - never got packet 4, emailed embassy

04/11/2008 - picked up packet 4, did medical

04/14/2008 - medical report pickup, no problems

04/16/2008 - interview date- APPROVED!!!!!

04/18/2008 - both of us are home at last, POE JFK!

05/21/2008 - sent AOS and EAD

05/27/2008 - received NOA1 for AOS and for EAD

06/02/2008 - received Biometrics appt letter

06/19/2008 - Biometrics appointment scheduled - DONE

06/19/2008 - both AOS and EAD touched because of biometrics

07/29/2008 - EAD approved.

05/13/2009 - AOS Interview - APPROVED!/ Card production ordered email

05/18/2009 - Welcome Letter received

06/12/2009 - Second card production ordered email

06/19/2009 - Approval notice send email

06/22/2009 - Green Card received

04/09/2012 - Applied for Citizenship by Express Mailing N400 to NBC

04/10/2012 - N400 received by USCIS

06/23/2012 - Biometrics appointment

07/27/2012 - Appointment scheduled for N400 interview

09/05/2012 - Interview passed, oath ceremony completed, and Naturalization certificate received.

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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.

[

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.

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.


03/12/2007 - Married to my beautiful wife

04/16/2007 - Sent I-130 to VSC via USPS Express Mail

05/12/2007 - NOA1 received by snail mail after a loooong wait

05/14/2007 - Sent I-129F for K3 to Chicago Lockbox via USPS Express Mail

10/22/2007 - I129F APPROVED (161 days), I130 APPROVED (188 days)

11/08/2007 - I129F received at NVC, embassy case number generated.

11/13/2007 - I129F forwarded to embassy.

11/18/2007 - 129F petition received at embassy

01/09/2008 - finally, DOS gives me the interview date, April 16, 2007 (ouch)

01/23/2008 - never got packet 4, emailed embassy

04/11/2008 - picked up packet 4, did medical

04/14/2008 - medical report pickup, no problems

04/16/2008 - interview date- APPROVED!!!!!

04/18/2008 - both of us are home at last, POE JFK!

05/21/2008 - sent AOS and EAD

05/27/2008 - received NOA1 for AOS and for EAD

06/02/2008 - received Biometrics appt letter

06/19/2008 - Biometrics appointment scheduled - DONE

06/19/2008 - both AOS and EAD touched because of biometrics

07/29/2008 - EAD approved.

05/13/2009 - AOS Interview - APPROVED!/ Card production ordered email

05/18/2009 - Welcome Letter received

06/12/2009 - Second card production ordered email

06/19/2009 - Approval notice send email

06/22/2009 - Green Card received

04/09/2012 - Applied for Citizenship by Express Mailing N400 to NBC

04/10/2012 - N400 received by USCIS

06/23/2012 - Biometrics appointment

07/27/2012 - Appointment scheduled for N400 interview

09/05/2012 - Interview passed, oath ceremony completed, and Naturalization certificate received.

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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.


My Crafting Blog - On a Roll - Blogspot

3179788211_95b93e62af_t.jpg3179788215_6a1e497e9b_t.jpg3165849344_f296789fd3_t.jpg

_______________________________________________________

US Immigration Timeline

-------------------------

24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

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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.
[

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.

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.

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


 

129f for K1 visa filed in march 07 check my timeline for full info

03 March 2008 , received welcome letter and 2 year GC yeahhhhhhhhhhhhh

22 NOV 2009 to lift condition GC expires 22 Feb 2010

24 Nov 09 send in I 751 ( ROC , in VT )

25 Nov 09 Your item was delivered at 12:10 PM in SAINT ALBANS, VT 05479 to INS .

30 Nov 09 Check Cashed

21 Dec 09 biometric

On March 9, 2010, we ordered production of your new card.

12 March 2010 received approval letter in mail

16 March 2010 10 year Green Card received in mail exp date March 09 / 2020

April 14/2017 send N400 

04/25/17 credit card charged 

04/25/17 e mail NOA send 

05/01/17 hard copy of NOA dated 04/25 received in mail

05/06/17 biometric hard copy in mail 

05/19/17 Biometric appointment in Hartford CT 

07/17/17 Inline for Interview 

07/24/17 Interview letter in mail 

08/24/17 Interview in Springfield MA ... Yes Aproved

09/14/17 Oath Ceremony .... done I am a US citizen

09/22/17 Applied for Passport ( per reg mail ) 

10/04/17 got passport in mail  

10/13/17 got certificate in mail  , updated status with social security office 

AM DONE YEAHHHHHHHHHHH 

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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.

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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).

Edited by trailmix

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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?


Married Jan 2007

I-130

03/21/2007 sent to NSC - 06/18/2007 NOA2 - 89 days

NVC stage

07/24/2007 e-mailed DS-3032 choice of agent

01/04/2008 Approved - visa in my hand! 289 days

01/13/2008 Entry the US

10/15/2009 I-751

12/03/2009 Biometrics

1/06/2010 Removal of conditions approved

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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.

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