Sticky situation

[Acidreign 0]

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.

[YuAndDan 153]

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

[C and J 1]

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.

[Acidreign 0]

[

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.

[rebeccajo 14]

Aren't Canadians permitted to stay for 6 months?

[MargotDarko 0]

[

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 July 31, 2007 by MargotDarko

[Urge To Race 2]

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.

[Urge To Race 2]

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.

[MargotDarko 0]

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.

[Lona.C. 16]

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

[Acidreign 0]

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.

[trailmix 77]

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 July 31, 2007 by trailmix

[trailmix 77]

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.

[endless 0]

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?

[Acidreign 0]

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.