Jump to content
Hamada91

I need your help !

 Share

56 posts in this topic

Recommended Posts

Hi all,

 

my wife is a US citizen by birth but she never lived in the US as she doesn't have a family there. Her parents are non US citezens and lived out of US her entire life with her parents. Anyway, we are married now and she is pragnent. She will give birth in the US . In the meantime, we are in the process of the green card we already filed i-130 and everything . My question, can i applly for a visit visa to go with her to give birth in the US or it has a negative affect to the green card process ? Note that we are definitely caming back after as she has got college to finish and i’ve got work.

Please understand that she has no family there, she needs me to be with her during the giving birth so i need your suggestions on this matter. What is the best legal way to go through this ?

 

thank you.

Edited by Hamada91
Link to comment
Share on other sites

You can apply for a tourist visa but your chances of approval are slim.

 

How are you paying the cost of the birth? This can run into 6 figures very easily if NICU care is required. 

*~*~*moved from "IR-1/CR-1 process and procedures" to "tourist visas"*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline

Honestly your chances of approval for the tourist visa are slim only because you have already shown immigrant intent by filing the I-130....a CO may think that you are trying to enter the States and circumvent the waiting time.

 

Also...by travelling with your wife to the US where she would be giving birth, it would be hard pressed on you to prove that you would be returning to your home country.  A CO  may think you will be staying after the baby is born.

 

That being said, you can certainly try for the tourist visa---good luck.  Also keep in mind that your wife should enter the US (if she is determined to give birth in the US) before she is not able to fly due to her pregnancy.  If she is concerned that her child will not be a US citizen unless born inside the US, this is untrue.  

 

Why not give birth in the country where you both are living now?  Seems easier, and no stress/worry that you cannot be there.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Link to comment
Share on other sites

Does she have a US passport

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Link to comment
Share on other sites

15 minutes ago, Going through said:

Honestly your chances of approval for the tourist visa are slim only because you have already shown immigrant intent by filing the I-130....a CO may think that you are trying to enter the States and circumvent the waiting time.

 

Also...by travelling with your wife to the US where she would be giving birth, it would be hard pressed on you to prove that you would be returning to your home country.  A CO  may think you will be staying after the baby is born.

 

That being said, you can certainly try for the tourist visa---good luck.  Also keep in mind that your wife should enter the US (if she is determined to give birth in the US) before she is not able to fly due to her pregnancy.  If she is concerned that her child will not be a US citizen unless born inside the US, this is untrue.  

 

Why not give birth in the country where you both are living now?  Seems easier, and no stress/worry that you cannot be there.

A US citizen has to be living in the US for 5 years so they can give thier children the US cotizenship if they are born abroad. Due to family issues, My unfortunately wife has not .

 

thanks for the info though. 

16 minutes ago, WeGuyGal said:

Does she have a US passport

Yes of course she does 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline

She can have the baby in your home country. File the I-130 for the baby and when baby enters on that visa the baby will gain USC. Just need to file for a passport once in the US with the Visa. 

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Link to comment
Share on other sites

KSA has pretty darn good healthcare for it's citizens. B2 odds are slim. Who's paying for US childbirth?

I-751 journey

 

10/16/2017.......... ROC package mailed

10/18/2017.......... I-751 package received VSC

10/19/2017.......... I-797 NOA date

10/30/2017.......... Notice received in mail

10/30/2017.......... Check cashed

11/02/2017.......... Conditional GC expired

11/22/2017.......... Biometrics completed

  xx/xx/xxxx.......... waiting waiting waiting

Link to comment
Share on other sites

55 minutes ago, Going through said:

If she is concerned that her child will not be a US citizen unless born inside the US, this is untrue.  

 

In this case it is true as the wife has never lived in the USA. The wife's parents are not USCs but the wife was obviously born there. I suspect the wife obtained citizenship in the same way the baby will - mother flying whilst pregnant just to give birth in the USA to get citizenship for the baby. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Denmark
Timeline
3 hours ago, Ontarkie said:

She can have the baby in your home country. File the I-130 for the baby.

 

This would be the much easier option for everyone and likely cheaper.

 

Have you both looked at the requirements for the I-864 including domicile and support?  

Edited by N-o-l-a

3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

Also wondering how you are funding this, can be big bucks.

“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.”

Link to comment
Share on other sites

Filed: Other Timeline
9 hours ago, JFH said:

In this case it is true as the wife has never lived in the USA. The wife's parents are not USCs but the wife was obviously born there. I suspect the wife obtained citizenship in the same way the baby will - mother flying whilst pregnant just to give birth in the USA to get citizenship for the baby. 

you do know that sometimes international students came to the USA to study and they got married and give birth there right? no need to make that kind of assumption unless OP had declared that. I know loads of USC by birth that were born when their parents studied in the USA back in the 80s.

 

OP, it might be better if your wife give birth in your current country and then apply for I 130 once the baby is born. 

I know it would take more time (1 year from filing) but at least she can have good healthcare etc and you can be with her during the process. Without insurance in the USA, healthcare is very costly and one can go bankrupt by the bills.

Your future child will automatically get US citizenship upon the entry to the USA with an immigrant visa in hand for the child (I-551) so this is not an issue.  The child can apply for US passport after the entry.  

 

Read this here: https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH-Chapter4.html 

And as what others have said, the chance of you getting a tourist visa is very slim (i have some sort of similar experience). Even then, you can also be denied at port of entry. So you have to pass the scrutiny twice. 

Link to comment
Share on other sites

11 minutes ago, abumiqdad said:

you do know that sometimes international students came to the USA to study and they got married and give birth there right? no need to make that kind of assumption unless OP had declared that. I know loads of USC by birth that were born when their parents studied in the USA back in the 80s.

 

Of course, it happens in my home country, the U.K., a lot too. But the OP says his wife has "never lived in the USA". That would suggest even as an infant whilst the parents studied. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Link to comment
Share on other sites

Filed: Other Timeline
1 minute ago, JFH said:

Of course, it happens in my home country, the U.K., a lot too. But the OP says his wife has "never lived in the USA". That would suggest even as an infant whilst the parents studied. 

 

Alright if you inferred it that way - a close family member that i have, left the USA when he was just months old (his father did his masters degree back then), never returned to the USA again - and i considered that as never lived in the USA too (obviously if you were born in the USA, you HAD TO LIVE THERE for at least weeks, you cannot disappear from the US soil just like that after the giving birth process). Anyway, would not want to comment further. And let OP clarify that bit if he wants to. 

Link to comment
Share on other sites

Guys, It just happened to be born while her mother was on an urgent visit to see her relatives there that time. For whom who accused that it was only for citizenship ! and my wife's siblings are non Us citizens either so if it was only for obtaining citizenship My wife's mother would have done the same to all her children. Anyway this is not our point of discussion now. We're in the process of the green card and we want our baby to be born their to save us trouble of filing another forms for him\her ( since we're already in the process to go there anyway ). and either way, she's a US citizen nobody can say why she wants to give birth in the US, it's her homeland ! she's free to give birth there for her son\daughter in her country!

 

 my wife is 19 and a student. And as what most people say, any US citizen who's an unemployed and has no income can get a medical insurance that covers either full or half of the costs.

please if you have a good advice for the situation, have it commented otherwise no need to slide the topic to another topic and start investigating. Thank you  

Link to comment
Share on other sites

8 hours ago, N-o-l-a said:

 

This would be the much easier option for everyone and likely cheaper.

 

Have you both looked at the requirements for the I-864 including domicile and support?  

that's kept in consideration hopefully no issues.  

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...