A few months after we became engaged, my Fiancee became pregnant, we married last september in japan and I moved back to the US for a new job and was planning to file DCF after the delivery (health checkup requires X-ray which is no-no while pregnant)

Since I can't file for a DCF (which was usually extremely very fast) the thought of waiting 9 months or more before she gets her visa and being seperated from my wife and new baby is making me more than a little pissed at Jon Walsh at the moment...

I know it's dodgy, but I've been thinking that my wife and the baby could come to the US, and then stay here and we get a good immigration attorney and just file for an adjustment of status?

am I crazy?

Help! I'm not a sex offender! I just want to be with my wife (who's 38) and our soon to be arriving new daughter!!

Call me crazy but I doubt anyone here will advise you to proceed to have your wife and child immigrate on a non-immigrant visa (VWP included).

Also, there's the disclaimer at the bottom of the page...

Using a visitor's visa to immigrate a spouse is visa fraud. USCIS most likely will not allow adjustment of status of a wife married before a visitor's visa is issued.

K-3, or CR-1 through Japan is not all that long a process, do the correct visa type.

thanks for talking sense into me, I'll go the k-3 or CR-1 route.

kind of the last straw for the US for me, don't get me wrong, served 12 years in the US military, but the way things are being run in the US government is for the birds!!!!

Congrats on your new addition to the family. Unfortunately we are all in the same boat, trying to find a oar...way to get things done. DCF when I read about it seemed too good to be true, too fastcompared to the other visas...and it has beened 86-ed. Makes life alot harder, but...what can you do?!

I hope it all goes all for you.

Like Nzimmers, I too was planning on going to Japan in March to file a DCF. This question relates to his:
1. If you file for a K1 or K3 visa, is your fiancee or wife allowed to travel to the US on a tourist visa?
For example, I get married to her in Japan in March and come back to the US. Then I file for a K3 spouse visa. Is she allowed to come here on a tourist visa while the I-130 and I-129 are being processed, as long as she returns to Japan within the allowed 90 days?
Or, I file for a K1 fiancee now. Will the above situtation be allowed?

Thanks,

I'd recommend that you do more research this time before doing any filing; pregnancy is no reason to miss a visa application because of the medical. They can/do waive tests for pregnant beneficiaries (specifically the X-ray).


Please do *some* reading around. This question is asked every day and there is in fact a thread at the top of this forum with a current discussion for people in your very shoes.

God I wish I had known that, I went over all the instructions for a DCF, researched it endlessly - never found a mention about a waiver - really burns me that this information is not included in the instructions.

well, I'm getting an immigration attorney, unless anyone has a better idea

If you don't feel comfortable handling it yourself, a lawyer is a good idea. At minimum a consult. Lawyers make errors all the time so you can't rely on them to know everything about this - some of the work will still be up to you.

On the xrays and/or vaccinations, there are always exemptions for pregnancy in any medical situation i.e. no xrays at the dentist. This should not be an area of concern for you.



Technically allowed but always up to the decision of the officer at the point of entry and always a potentially risky proposition since a tourist visa is meant for those who do not have immigrant intent, but the very nature of being a fiance or spouse implies immigrant intent. Best to be very prepared with documentation and evidence of ties to her home country, and be prepared for the possibility of denial at the POE and having to return all the way back home without every entering the country. It does happen.

well, would be nice if my wife could visit me here in the US with our baby daughter, but the thought of them making a 12 hour trip over and getting turned away in unconscionable - what would be good documentation for her to bring to show ties back to Japan? Scheduled doctors visits after she returns? I have very little faith in the people working at the POE these days

What if you just waited a couple of weeks before making a decision---State and CIS might have their act together again, and it could be you going over there---to file!

good point - baby's not due for another 4 weeks