If I’m an American citizen who is pregnant with a Canadian citizen’s child, what is the best way for him to be in the US legally when the baby is due?

Is the K1 visa or marry and do the K3 visa the best or fastest way to get him here and working. Does a pregnancy help things move along? We just want to be together and be a family. We have been together 1 1/2 years dating and known each other 2 years. I’m due in 8 months.

Asked on July 18, 2015 under Immigration Law, Texas


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

As a Canadian, he is eligible to enter the US for up to 6 months as a visitor without needing a visa.  If you want him to be here more permanently, you would have to either file a K-1 fiance visa petition (will take 10-12 months) or marry him and petition for a spouse visa.  Depending on where he will be when you petition, he may be able to complete the process within the US.

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