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MattNZ2014

Wife Pregnant - Due date Feb - 6 months to use visa

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Good Evening

We have our interview this week and I don't know what to do if we are approved but on the above.

Bascially just as we found out about the appointment for our interview we also found out my wife (USA citizen) is pregnant and we are looking to have the baby in my home country (NZ) and move to the USA a few months later (say April 2016 at latest) ....but on the documents we received it says the visa (spouse of US citizen) is only valid for 6 months, does anyone know what the options are? Would we have to start from scratch? How should I approach this at the interview?

Thanks in Advance

Matt

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I'm guessing she has already done the medical because that's the date the 6 month clock starts ticking.

If she hasn't then I would recommend rescheduling everything including interview ahead to Nov. / Dec.

If too late for that then go to the currently scheduled interview and ask the CO what your options are. You'll also need to file CRBA to get your child a US PP before departing.


IR-1/CR-1 Visa
Service Center : Vermont Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-17
I-130 Sent : 2014-06-23
I-130 NOA1 : 2014-06-25
I-130 RFE : 2014-08-11 (Wanted NSO Marriage Certificate, not LCR)
I-130 RFE Sent : 2014-08-14
I-130 Approved : 2014-08-27
NVC Received : 2014-09-15
Received DS-261 / AOS Bill : 2014-09-17
Pay AOS Bill : 2014-09-17
Submit DS-261 : 2014-09-17
Send AOS Package : 2014-09-19
Receive IV Bill : 2014-10-03
Pay IV Bill : 2014-10-03
Received Interview Letter by E-mail: 2015-03-20 (May 5, 2015)
SLEC completed: 2015-04-22
Visa Approved: 2015-05-05
Visa Issued: 2015-05-15 (221g for no CENOMAR!)

Visa Received: 2015-05-21

POE: Chicago 2015-09-14

GC Received: 2015-11-17

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Why not delay the interview?

Good luck

Brassballs - the wife is the USC. The husband is the beneficiary. So the medical comments you made were not relevant to the post.

Edited by canadian_wife

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Yeah, your right. I hang out in the Phil forum too much. But regardless the OP still has go through med processing even in NZ, correct?

Their best option would be to move everything out to Dec.


IR-1/CR-1 Visa
Service Center : Vermont Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-17
I-130 Sent : 2014-06-23
I-130 NOA1 : 2014-06-25
I-130 RFE : 2014-08-11 (Wanted NSO Marriage Certificate, not LCR)
I-130 RFE Sent : 2014-08-14
I-130 Approved : 2014-08-27
NVC Received : 2014-09-15
Received DS-261 / AOS Bill : 2014-09-17
Pay AOS Bill : 2014-09-17
Submit DS-261 : 2014-09-17
Send AOS Package : 2014-09-19
Receive IV Bill : 2014-10-03
Pay IV Bill : 2014-10-03
Received Interview Letter by E-mail: 2015-03-20 (May 5, 2015)
SLEC completed: 2015-04-22
Visa Approved: 2015-05-05
Visa Issued: 2015-05-15 (221g for no CENOMAR!)

Visa Received: 2015-05-21

POE: Chicago 2015-09-14

GC Received: 2015-11-17

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Good Evening

We have our interview this week and I don't know what to do if we are approved but on the above.

Bascially just as we found out about the appointment for our interview we also found out my wife (USA citizen) is pregnant and we are looking to have the baby in my home country (NZ) and move to the USA a few months later (say April 2016 at latest) ....but on the documents we received it says the visa (spouse of US citizen) is only valid for 6 months, does anyone know what the options are? Would we have to start from scratch? How should I approach this at the interview?

Thanks in Advance

Matt

Matt - YOU are the one who would have to enter the US within the six months time frame. If you cannot delay your interview to fit the timing of the arrival of your bub, then all you have to do is go to the US, use your visa, and then come back! As long as you are not out of the US for more than six months - you will be fine. Maybe you have a good family friend (of your wife's) you could stay with, or perhaps your US in-laws. It is just another option.

Sukie in NY


Spoiler

 

Spoiler

Our Prior Journey

N-400 Naturalization

18-Feb-2018 - submitted N-400 online, credit card charged

18-Feb-2018 - NOA1

12-Mar-2018 - Biometrics 

18-June-2018 - Notice of interview received

26-July-2018 - Interview  - APPROVED!!!

26-July-2018 - Oath Ceremony Scheduled

17-Aug-2018 - Oath Ceremony

 

 

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Thanks Sukie and CO. For me to go there for a short period and come back might raise a red flag for immigration maybe? To get to ohio from nz is about $3000 - so I would try avoid this option.

In hindsight I would have looked at changing date of interview, but I didnt connect those dots til now. Ive already done the medical a few weeks ago, this was the same time we found out about everything. ..and it was very hectic/exciting . The main thing here is that the visa is as only as good as medical ie six months. Of which I dont mind doing again, but only if it means we can aim for a date in april without compromising and starting over

Edited by MattNZ2014

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Contact the consulate, move the interview date, the medical might expire but it will save hassle later down the road

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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It likely is cheaper to redo the medical than fly to and from the USA. ;)

Congrats!


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Matt - YOU are the one who would have to enter the US within the six months time frame. If you cannot delay your interview to fit the timing of the arrival of your bub, then all you have to do is go to the US, use your visa, and then come back! As long as you are not out of the US for more than six months - you will be fine. Maybe you have a good family friend (of your wife's) you could stay with, or perhaps your US in-laws. It is just another option.

Sukie in NY

This will not work, anyway, unless she travels with you. The petitioner must already be in the US or travelling with the beneficiary when they enter the US. Edited by jan22

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Thanks Sukie and CO. For me to go there for a short period and come back might raise a red flag for immigration maybe? To get to ohio from nz is about $3000 - so I would try avoid this option.

In hindsight I would have looked at changing date of interview, but I didnt connect those dots til now. Ive already done the medical a few weeks ago, this was the same time we found out about everything. ..and it was very hectic/exciting . The main thing here is that the visa is as only as good as medical ie six months. Of which I dont mind doing again, but only if it means we can aim for a date in april without compromising and starting over

If your wife lives in NZ with you. She has to enter the USA before or at the same time than you. So I guess it is better to move the interview date.

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Talk to the consulate. See if they can put everything on hold, and just resubmit the medical and issue the visa when you are ready?

The travel alone idea won't work, as mentioned, as per the I-864, the sponsor must be in the U.S., or arrive concurrently.

On edit:

Now if you were to both enter the U.S. to visit family, or some other reason, set up housing, a job, etc..., then go back, that's another story. Immigration would not likely flag something like that. I would think the only time an issue would come up is if it's more than a couple times of in for two weeks and out for 3 months type of thing.

Edited by bendinlar

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Why cancel....use you visa to enter after interview, and return to the delivery in NZ

Other posters have pointed out why that will not work.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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I was wondering why do you want to have the baby in NZ instead of the US. If the baby is born in the US, you can keep your interview as planned and also no extra paperwork when it comes time to bring the baby to the US. I am mo expert, just a thought that came to mind

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Cost?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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