American citizen, Canadian (pregnant) wife, moving to US in October. Many questions.

[merbers9]

Hi everyone,

I am an American citizen living in Canada with my Canadian wife. We are moving to Chicago in October. My wife is currently 7 weeks pregnant, and will therefore need immediate medical coverage. My job has full insurance coverage and employees are allowed to add family members for an extra monthly fee that comes out of our salary. I therefore have the following questions:

1) If we intend to move to the US October 1st, can we begin the Green Card process with consular processing now, with the intention of moving before it is completed? I have read conflicting information of whether my wife will be able to enter the US while awaiting consular processing. Will this speed up the process or will we be forced to start all over when we get to the US anyway?

2) Should we instead apply for a Green Card while she is already in the US, and therefore wait until we cross the border in October?

3) While she has her immigration status pending, will she be able to be covered under my works health plan? Does her pregnancy have any impact on that?

Thanks for the help.

[newacct]

1) If we intend to move to the US October 1st, can we begin the Green Card process with consular processing now, with the intention of moving before it is completed? I have read conflicting information of whether my wife will be able to enter the US while awaiting consular processing. Will this speed up the process or will we be forced to start all over when we get to the US anyway?

If she does Consular Processing, that means she will have to go back to Canada for the interview and getting the immigrant visa part before re-entering the US on her immigrant visa. If she is okay with doing that, then sure she can visit now and the go back to finish consular processing.

Whether she will be allowed entry as a visitor is determined by the officer's judgment at entry. If they suspect she will do Adjustment of Status in the US during her stay (which she can do at any time as she is the spouse of a US citizen), they will deny her entry.

2) Should we instead apply for a Green Card while she is already in the US, and therefore wait until we cross the border in October?

Again, if they suspect she will do Adjustment of Status in the US during her stay, they will deny her entry. If they let her in, and she didn't lie to the officer, then she is eligible to apply for Adjustment of Status in the US at any time.

3) While she has her immigration status pending, will she be able to be covered under my works health plan? Does her pregnancy have any impact on that?

yes, no

[NettieL]

Hi everyone,

I am an American citizen living in Canada with my Canadian wife. We are moving to Chicago in October. My wife is currently 7 weeks pregnant, and will therefore need immediate medical coverage. My job has full insurance coverage and employees are allowed to add family members for an extra monthly fee that comes out of our salary. I therefore have the following questions:

1) If we intend to move to the US October 1st, can we begin the Green Card process with consular processing now, with the intention of moving before it is completed? I have read conflicting information of whether my wife will be able to enter the US while awaiting consular processing. Will this speed up the process or will we be forced to start all over when we get to the US anyway?

2) Should we instead apply for a Green Card while she is already in the US, and therefore wait until we cross the border in October?

3) While she has her immigration status pending, will she be able to be covered under my works health plan? Does her pregnancy have any impact on that?

Thanks for the help.

The information I have, is, that you cannot enter the US once I-130 is filed from outside the US. This is because you have shown immigrant intent and it is on record. Consular Processing is done while you are outside of the US, not inside.

If you are in the US, the process is different and she will file for Adjustment of Status. The challenge is going to be for her to enter "without immigrant intent", since, you are moving there for a job. (Otherwise the Adjustment of Status is from a visitor visa to that of a Green Card holder). If customs gets wind of any immigrant intent, they will not allow her entry into the US.

You will probably need to ask your questions re health coverage to the insurance company.

[newacct]

The information I have, is, that you cannot enter the US once I-130 is filed, because you have shown immigrant intent and it is on record. Consular Processing is done while you are outside of the US, not inside.

Not true. Immigrant intent only means intent to immigrate during this particular stay. Intent to immigrate in the future does not count.

[NettieL]

Not true. Immigrant intent only means intent to immigrate during this particular stay. Intent to immigrate in the future does not count.

So what visa will she be on if her stay is longer than the 6 months usually allowed for Canadians?

[newacct]

So what visa will she be on if her stay is longer than the 6 months usually allowed for Canadians?

Not sure what you are responding to. You said they cannot enter once I-130 is filed, and I said no, because just because I-130 is filed doesn't mean they have intent to immigrate during this trip -- they could be visiting and then leaving at the end of the visit like normal visitors. They would have to intend to file AOS while in the US to have immigrant intent.

[NettieL]

What I am asking is what will be her status in the US while waiting for Consular Processing. (What will give her permission to leave and enter the US).

She will be at high risk to be denied entry. She needs to know on what basis she can enter after she has filed and left (even for the interview).

[newacct]

What I am asking is what will be her status in the US while waiting for Consular Processing. (What will give her permission to leave and enter the US).

As a regular visitor, B2, which allows her to stay for 6 months at a time.