Canadian soon to be mother with American father

[Meli321]

I am a born and raised canadian soon to be mother (currently I reside In canada) the father is a born and raise american (who currently lives in the states).

I am Native American and he is Caucasion so therefore our baby will be half and have. I can obtain my green card because of the Jay Treaty. Now as long as my baby is 50% or more native it can too get a green card. But because the father is american the baby will become a dual citizen from my understanding.

I know when I apply for my green card they will give me a temporary card for one year until the actual green card comes in.

My question is will it be better to apply for the baby's dual citizen (I heard it takes a while for it to come in like almost a year and the baby can't go across without it) or to apply for the babies green card like me??

I plan on moving to the states after our baby is born I'm just confused on what is the right way to go about this because I do want the baby to be with its father.

The Jay Treaty allows me to cross the canadian/US border freely to visit or to live,work, or go to school as long as I want.

Can I come across with my baby without any of of his/her documents (us citizen papers or green card) or is it best to get them..and if so what should I get first..the green card??

 

[Leon]

This would actually be a US immigration question and not a Canadian immigration question but I know if a baby is a Canadian citizen born abroad, the parents can not apply for PR for it so I assume it would be the same in the US, that if your baby is a US citizen, you can not apply for a green card.

When the baby is born, the father of the baby would have to report the birth to the US embassy in Canada. There is some info about this here: http://travel.state.gov/law/family_issues/birth/birth_593.html and here: http://travel.state.gov/law/family_issues/birth/birth_593.html

I assume once you have the consular report of birth, it will act like a US birth certificate for your child. Children can still cross the land border with only a birth certificate.

I can not tell you how long it takes to get the document from the embassy but if it takes too long, you can of course enter the US with your Canadian baby regardless of US citizenship as Canadians are visa exempt to the US.

 

[Meli321]

Thank you so much! I forgot to mention that I plan on having it in canada due to health insurance I don't have In the states.
I was wondering if I can still cross with the babies birth certificate?

 

[Leon]

Thank you so much! I forgot to mention that I plan on having it in canada due to health insurance I don't have In the states.
I was wondering if I can still cross with the babies birth certificate?

Even if you don't get the consular report of birth abroad at the US embassy although you should, you can still cross with the baby's Canadian birth certificate.

However, also keep in mind that when travelling with your baby alone, you should have consent from the father. You can find the form letter here: http://travel.gc.ca/travelling/children/consent-letter