K3 for Canadian

[dangermoose]

Hello, im new here and find all of this immigration red tape immensely confusing.

My US Fiancee is pregnant with my child, just entering her second trimester. I would like to be with her for her pregnancy and resulting birth, but am not sure how to go about it. We were planning on getting married in the states in early June, however I do not have a K1 Visa, and am under the impression that entering the united states to marry without a K1 is considered fraud. I fear waiting for a K1 visa will result in me missing the birth of my child.

She has a well paying job, and I am woefully self emplyed (bordering on unemployed) so her comming up here isn't much of an option.
I can work from home in the states while I wait for an EAD, and she goes to work

I'm not seeking US citizenship as we would both prefer to be living in Canada within a few years, but for the sake of citizenship of the child, im told it is easier to get Canadian citizenship for him/her if s/he is born in the States, than it is to get American citizenship if s/he is born in Canada.

Does the fact that i am a father, or expectant father of an american citizen change my status at all? If we get married in Canada, will I have to wait for a k3 to return to the states with my wife? If we get married in the States, will I be subject to removal because we did not apply for a K1?

[sodell]

married a canadian

I do not know the answers to all of your questions, but I know that since you are Canadian you can enter the US for 6 months. My husband came to the US last July and we got married there. He returned to Canada after our 10 day honeymoon and now we are waiting for our approval for I-130 petition.
I think you could enter the US and marry and be there for the birth, but you would have to return to Canada while you wait for the K-3 or I-130 to be approved. Someone at US immigrations told me to just do the I-130 instead of the K-3 because you can work as soon as you enter the US and you would have to adjust your status and get an employment authorization (with K-3), but it is your preference since you can work from home.

You wont be able to enter the US and file your paperwork though, no matter what you will have to be in Canada while you wait for it to be approved. I do not think it matters if you are expecting a child or not, but you could have your fiance call immigrations and ask...