Which Visa is the Best Option (expecting a child of a non-U.S. citizen living abroad)?

[Rohini 0]

My fiance is from (and living in) India and I am a U.S. Citizen. We do wish to be married, of course but haven't filed for a fiance visa because my divorce isn't yet final. We are expecting a child, and he is not able to get a tourist visa to the U.S. from India for the purpose of being with me for the birth of the baby.

Which would be the best way for him to join me in the U.S.? A fiance visa, us getting married in India and filing for the marriage visa, trying for the tourist visa again, or the process of him coming here because he has a child that is a U.S. citizen? I have emailed many "experts" on such matters and haven't gotten any reply. I hope to have better luck here.

[catknit 144]

Hi Rohini,

Congrats on the baby on the way.

It seems like you are in a bit of a tight spot with all of this. If you read thru the guidelines in general you'll see that the K1 visa may get your man here faster but you'll go thru the adjusting of status process here together - meaning he won't be able to work or travel internationally until he gets his EAD/AP

.

If you marry in India, depending on how you want to get him here, you'd have a choice between the CR1/IR1, K3, and DCF. Again, I would read up on those. It seems like a lot of people like the DCF and CR1 routes. For DCF, you'd need to marry and live with your man for 6 months in India prior to filing, I think. There are a few people here who have done that [check out the Asia: South forum especially].

A quick insight into marrying in India because I've done a lot of research on this. If you both are not Hindu you'll fall under the special marriage act. You'll both need to go to the local FRRO office 30 days before the wedding to register it. After the 30 day wait, you can then get married. So, if you decide to go that way you'll most likely be comitting to stay in India for a month just to legally marry. On the flip side, if you both are Hindu there is no wait, just go get hitched .

Oh, and another thing you'll see when you do some research here, men from South Asia also appear to get Administrative Processing [AP] somewhat frequently. There are a handful of women, after the visa interview, waiting on word of the visas finally being issued. So even if everything goes smoothly up to the interview, there may be some additional wait time. I'm petitioning for a K1 visa and we're waiting on word for an interview date [the embassy has our file and our Packet 3; we're hoping for October]. For us, that would put the interview at just about 6 months from the date we orginally filed. However, every case can be [and is] different.

Is there any specific reason why you don't think your fiance could get a tourist visa at least for the birth? It would be a hard sell to claim he isn't going to stay given that it's his child being born, but it could be worth a shot. Being denied for a tourist visa will not affect a decision on a fiance/spouse visa.

I'm sure someone else will be by with more info!

Good luck!!!

[Boiler 43,857]

I am assuming he has tried and failed on the visitor visa front.

I would go with a Finacee Visa, you can start it now, all the other options involve delay of some sort.

Probbaly best to assume he would not make it to the US in that time frame.

[aaron2020 11,651]

As a side note since you brought it up. There is no process for a non-US citizen parent to immigrate to the US because he/she has a US citizen child. This was possible way back when, but it is no longer possible. The US citizen child may petition for the non-US citizen parent after the child turns 18 years old.

[Boiler 43,857]

As a side note since you brought it up. There is no process for a non-US citizen parent to immigrate to the US because he/she has a US citizen child. This was possible way back when, but it is no longer possible. The US citizen child may petition for the non-US citizen parent after the child turns 18 years old.

As far as I know its only been possible at age 21.

As a side note since you brought it up. There is no process for a non-US citizen parent to immigrate to the US because he/she has a US citizen child. This was possible way back when, but it is no longer possible. The US citizen child may petition for the non-US citizen parent after the child turns 18 years old.

As far as I know its only been possible at age 21.

[Rohini 0]

Thank you, everyone for your input. Milo75 thank you so much for all that great information! I certainly do appreciate it.

[lucyrich 19]

I would go with a Finacee Visa, you can start it now, all the other options involve delay of some sort.

It looks like the Fiancee visa would involve a delay, as well. In order to petition for the K-3, the parties must show they are "free to marry", which includes having all prior marriages terminated. OP noted her divorce was not yet final.

But I think you're right on the main point. The fiancee visa probably has the least start-up delay. At least it doesn't require they marry first.