US Citizen pregnant with Canadian husband's child?

[mlcrae]

I apologize for the lengthy title.

If my husband is canadian and I'm pregnant with his child, what kind of visa can I apply for that will allow me to stay in canada legally? To elaborate, I mean live with him, work in Canada, and give birth in Canada. I would like to be with him throughout my entire pregnancy, but that would require me to break the 6month term of visitation, plus I can't work and I'd just be laying around for the entire time which I do not want.
I know it will take around 2 years or maybe more for a spousal visa, and by then i will have long since had our baby. so I'm wondering if there is ANY option at all available which will take less time, while still allowing me to work ?

 

[Rob_TO]

I apologize for the lengthy title.

If my husband is canadian and I'm pregnant with his child, what kind of visa can I apply for that will allow me to stay in canada legally? To elaborate, I mean live with him, work in Canada, and give birth in Canada. I would like to be with him throughout my entire pregnancy, but that would require me to break the 6month term of visitation, plus I can't work and I'd just be laying around for the entire time which I do not want.
I know it will take around 2 years or maybe more for a spousal visa, and by then i will have long since had our baby. so I'm wondering if there is ANY option at all available which will take less time, while still allowing me to work ?

Basically there is no special consideration given to spouses, or if you are pregnant. You would need to enter Canada and stay as a visitor only. In fact if you try to explain to the immigration officer when entering Canada that you really want to live in Canada indefinitely, there is a chance they would reject you from entering if they felt you would not leave after the visitor permit expired. You still need to enter as visitor only, and satisfy them that you will leave if status expires and you can't get extension. Sometimes if you ask they will give you a 12 month status for visitor, but even if you get 6 months its usually pretty simple for US citizen to get an extension afterwards.

What province is your husband resident of? If it's Alberta, you may be able to be covered for healthcare as a visitor, due to the fact you are his wife. If its a more stricter province like Ontario, then you would need to prepare to pay for all delivery related costs yourself.

The only way to work is if you qualify for an IEC/swap/working holiday program, if you qualify under a NAFTA job, or if you find an employer willing to go through LMO process to hire you.
If you apply inland, you can get a work permit after stage 1 approval (around 10 or 11 months).
If you apply outland, you would be able to work after full PR is approved (through CPP-Ottawa office, is around 9 -12 months).

 

[screech339]

Since you said you want to be able to continue working, your best option is to apply outland. This will give you chance to keep working in US. Plus it has a very short time to land as PR comparing to inland.

If you want to work in Canada, inland is an option but you won't get past 1st stage until 10 months has passed. Then you can then apply for a Open work permit.

Depending on where your husband lives in Canada, if in Alberta, you would be coverage under the spouse health care from the day you come to Canada.

Other provinces for example, ontario won't give you provincial coverage until you get AIP after 10 month plus 3 months wait. Over 13 months. The baby will already be born and you would have to cover the cost of baby delivery yourself.

This are things to consider.

Screech339

 

[steerpike]

Info of the SWAP working holiday program so you can see if you qualify: http://www.swap.ca/in_eng/us_index.aspx

For that yiou would definately need to make sure your have pregnancy and birth healthcare coverage (which may not be possible to get since you are already pregnant).

 

[mlcrae]

Yes, my husband lives in Ontario.

Questions regarding your responses:

How long does it take to get into the SWAP program, generally? Is there any consensus on that information? I do qualify, but if it takes as long as everything else then it's useless to pursue.

So if I apply as outland, can I still stay in Canada for 6 months or under the SWAP program? And if I decide to go back the US to give birth, will my child have duel citizenship, or will my husband have to sponsor him as well?

Thank you.

 

[Rob_TO]

So if I apply as outland, can I still stay in Canada for 6 months or under the SWAP program? And if I decide to go back the US to give birth, will my child have duel citizenship, or will my husband have to sponsor him as well?

Yes, if you apply outland you can still stay in Canada as a visitor.

If your husband is a Canadian citizen born in Canada, then your child would be automatically Canadian. If your husband got citizenship some other way, then the child may or may not be Canadian.

 

[mlcrae]

Also, the SWAP website says "You must be in Canada for the entire time that your visa application is being processed."
What does this mean? If the SWAP program is for 6 months and you are in Canada before your visa is granted, then wouldn't that be considered overstaying? Does that mean SWAP allows you to stay in canada longer than 6 months?

Hmm...well he wasn't born in Canada but has lived here since he was 3 or 4yrs old and has citizenship status.

 

[screech339]

Yes, my husband lives in Ontario.

Questions regarding your responses:

How long does it take to get into the SWAP program, generally? Is there any consensus on that information? I do qualify, but if it takes as long as everything else then it's useless to pursue.

So if I apply as outland, can I still stay in Canada for 6 months or under the SWAP program? And if I decide to go back the US to give birth, will my child have duel citizenship, or will my husband have to sponsor him as well?

Thank you.

If you have baby in US, the child will have dual citizenship assuming the husband is canadian born or naturalized Canadian. The issue then become this. You would be stuck in US with baby until you get the baby's birth certificate. Canada allow you to come with baby into Canada with birth certificate. But your husband may need to be with you with baby when entering Canada.

The husband will not have to sponsor the baby as baby will be Canadian if husband is 1st generation Canadian. But you do need to let CIC know that the baby is born. Also have to list the baby to the dependent family information once the baby is born.

You cannot land in Canada without the baby's name on the COPR even though baby is Canadian as well.

 

[steerpike]

Also, the SWAP website says "You must be in Canada for the entire time that your visa application is being processed."

The swap working holiday visa only takes 6 weeks to get. And it last for 12 months. Its not a visitor visa, and its not spouse sponsoship. Its an entirely different thing.

 

[Millertimez]

If you have baby in US, the child will have dual citizenship assuming the husband is canadian born or naturalized Canadian. The issue then become this. You would be stuck in US with baby until you get the baby's birth certificate. Canada allow you to come with baby into Canada with birth certificate. But your husband may need to be with you with baby when entering Canada.

The husband will not have to sponsor the baby as baby will be Canadian if husband is 1st generation Canadian. But you do need to let CIC know that the baby is born. Also have to list the baby to the dependent family information once the baby is born.

You cannot land in Canada without the baby's name on the COPR even though baby is Canadian as well.

Wouldn't coming back to Canada with the mother and the baby's birthday certificate be easier as opposed to waiting until the baby gets added to the COPR?

Thanks.

 

[screech339]

Wouldn't coming back to Canada with the mother and the baby's birthday certificate be easier as opposed to waiting until the baby gets added to the COPR?

Thanks.

The baby still need to be added to COPR regardless if baby is Canadian or not, assuming baby will be born before applicant lands as PR.

I am merely stating that if the baby was born in US, the baby need some form of official document like birth certificate in order for the baby to enter Canada through land border. Doesn't need to wait for US passport in order to enter Canada. This is the only exception to the passport rule requirement to enter Canada / US.

Screech339

 

[poppyweise]

Basically there is no special consideration given to spouses, or if you are pregnant. You would need to enter Canada and stay as a visitor only. In fact if you try to explain to the immigration officer when entering Canada that you really want to live in Canada indefinitely, there is a chance they would reject you from entering if they felt you would not leave after the visitor permit expired. You still need to enter as visitor only, and satisfy them that you will leave if status expires and you can't get extension. Sometimes if you ask they will give you a 12 month status for visitor, but even if you get 6 months its usually pretty simple for US citizen to get an extension afterwards.

What province is your husband resident of? If it's Alberta, you may be able to be covered for healthcare as a visitor, due to the fact you are his wife. If its a more stricter province like Ontario, then you would need to prepare to pay for all delivery related costs yourself.

The only way to work is if you qualify for an IEC/swap/working holiday program, if you qualify under a NAFTA job, or if you find an employer willing to go through LMO process to hire you.
If you apply inland, you can get a work permit after stage 1 approval (around 10 or 11 months).
If you apply outland, you would be able to work after full PR is approved (through CPP-Ottawa office, is around 9 -12 months).

Well, Rob, I told the CBSA officer that I have a boyfriend here and I am here to be with him (he is now my husband), CBSA officer advised me to get married and apply for PR. Haha! I am very lucky, I know. The officer at the secondary inspection is very nice. He was kind of hostile before he asked all the questions, but after that he was very helpful.

So you never know what will happen at the customs. You just have to be prepared. If you try to lie, you better lie with skills, if not they can see through you right there and then.