Canadian BF, Pregnant American GF - Our Route to be together?

[sleepycanadian]

Hi, I am Canadian my GF is American. I wasn't sure where to go to ask this question but I figured someone here might have some insight on what my options are.

I just recently found out my GF is pregnant with my child. I live in Canada, she still lives in America and she has a child already. I am financially fine with a good steady job. She is currently unemployed in America. I am unsure of what to do.

My question is, what would be the easiest route to be together? I want to be around for the birth and upbringing of our child and we would like to be together as a family.

We are not married and she wants to move to Canada and live with me, our baby and her child. We don't know how to come of this situation and what are the quickest steps. I am not sure which visa would be suitable for our needs or how to go about it/length of time it takes.

Any help would be great. Thank you ahead of time and I am sorry if I posted this in the wrong section. If so, maybe someone knows a website I could post it to?

Thank you again.

 

[scylla]

Fastest way is to get married. You can then sponsor her for permanent residency. Otherwise you don't qualify to sponsor her unless you are common law. Common law means you have lived together at the same residence for a year.

 

[sleepycanadian]

So its possible for her to come live here? If so what does she have to do and or get to do so? And are the kids aloud to do the same?

 

[Rob_TO]

So its possible for her to come live here? If so what does she have to do and or get to do so? And are the kids aloud to do the same?

As was mentioned, first you need to get married. Then you'll need to sponsor her and her child for PR through spousal family class (I assume your new baby will already be Canadian via you).

It will take you a while to get married, prepare and submit her PR application. Since she is pregnant she will not be able to complete the required medical exam (due to harmful x-rays), so there is no chance her PR will be complete in time to deliver the baby in Canada. So she should prepare to deliver the baby in US. Her and her child's PR would be done sometime after the delivery if all goes well.

OR she could come to Canada as a visitor only right away, and apply to extend her stay when needed. Of course most provinces don't allow health care for visitors (Alberta is one of the only exceptions if married), so you'd need to prepare to pay all pregnancy and birth related costs yourself.

 

[rhcohen2014]

she can only "move" or "live" in canada once she is approved for pr. before that she can "visit" you. it is VERY important to remember to use the right language, and she can NOT bring all of her belongings until she is approved for pr. if she shows up to "visit" with all of her stuff, she will be turned away quickly. As a visitor, she is not allowed to work for a canadian employer or study in a program that is longer than 6 mo. She will not have access to provencial healthcare until after she is granted pr status. When she goes to border as your gf, it is very important she can show proof of ties to the us. The only "proof" they care to see is related to housing or a job. once she's your wife, and you can prove intent to apply for PR, then they will be more lenient, but definitely NOT until then.

a us citizen can ask to visit for 6 mo. one month before the visit ends, she can then apply to extend her stay as a visitor, and ask for another 6 mo. or even 12 mo. so she can stay during processing. this is very common, and visit extensions are rarely denied for PR applicants or those showing proof they intend to apply. Again, you can not apply to sponsor her until you are married.

as for the kids, if you are their father and a canadian citizen, so are they. if her other child is not yours, and just american that child would need to be sponsored as a pr as well. All you would need to do is apply for your child's citizenship certificate once it's born, and that child can cross freely with you or their mother. once that child moves there, they will have all rights of a citizen, and will be able to get healthcare after the specific wait for your province.

 

[Leon]

So far, you have a lot of good advice already but one point is her child that she already has which as I understand is not yours. If she has joint custody and the father of that child opposes the move, she would have a problem. In order for you to sponsor her child for PR, it needs to be clear that she has full custody or that the father approves.

If there is no problem with that, get married and apply to sponsor her. If she has health coverage in the US, she might want to have the baby there. Otherwise it is unlikely that you will have enough time for her to get PR and health coverage for her in Canada and having a baby can get expensive. You can discuss this with your provinces health care. AB has sometimes covered spouses once you have applied for sponsorship even if they haven't gotten their PR yet but it is important to know your options.

As long as you are either Canadian born or a naturalized Canadian, you can pass citizenship to your baby if it is born outside Canada. You would need to apply for a citizenship certificate for the baby if it is born in the US. If you are not Canadian born or naturalized but were born outside Canada to a Canadian parent and gained citizenship through heritage, you can not pass so you would have to include your baby on the PR application.