How do I get my fiancee into the U.S. for the birth of our child before a K-1 is processed?

[Mandy.Erickson 0]

I am a (pregnant) U.S. citizen and have applied for the I-129F visa to bring in my Irish fiancee for marriage. We know that our visa will not be granted until AFTER the birth of our child. However, he wants to come here for the birth... and stay for about a week or two after then go home. I was told by my local immigration office that he will not be allowed entry into the United Stated if a fiancee visa is in processing. There has to be some kind of loophole in the case of a birth. I don't see how the U.S. could deny him the right to be present at his son's birth. The U.S. embassy in Ireland is no help to him because they don't return phone calls. I'm wondering if there is any way he is guarunteed entry into the U.S. and if there is, what is the process. I am stressing out so much about this!! Thank you!!!

[sara..... 371]

I am a (pregnant) U.S. citizen and have applied for the I-129F visa to bring in my Irish fiancee for marriage. We know that our visa will not be granted until AFTER the birth of our child. However, he wants to come here for the birth... and stay for about a week or two after then go home. I was told by my local immigration office that he will not be allowed entry into the United Stated if a fiancee visa is in processing. There has to be some kind of loophole in the case of a birth. I don't see how the U.S. could deny him the right to be present at his son's birth. The U.S. embassy in Ireland is no help to him because they don't return phone calls. I'm wondering if there is any way he is guarunteed entry into the U.S. and if there is, what is the process. I am stressing out so much about this!! Thank you!!!

congratulations on the up coming birth of your child.........there have been others that have tried to get their fiances here for the birth of their child but most the time the embassy do not approve the visa.......i wish i could say something different and give you an answer that would make you happy

but sadly the embassy's do not consider that part of emergency...maybe you could tape it for him?

good luck to you and ur family

sara

[Leenie 15]

Despite what your local office has told you, having the K-1 in processing does not absolutely restrict him from visiting you and vice versa. You don't even need a birth loophole. Especially since Ireland participates in the visa waiver program, it's not as if he needs to apply for ANOTHER visa just to have a visit to the US.

Despite this, some words of caution: he still runs the risk of attempting to visit and being denied at the border. If an immigration office suspects that he may try to stay in the country instead of returning home after his visit, they can deny him entry. He would need to have solid proof that he is going to return to his country rather than stay permanently, and even then, nothing is ever guaranteed.

Personally speaking, if I were in your position, I'd like to have my fiance with me at this time! Some viable proof if he decided to visit could include his return plane ticket, a letter from his employer explaining that they know he is visiting and when they expect him back at work, and even a copy of your K-1 NOA1 so they know you two are going about immigration the legal way.

[JD63 4]

I am a (pregnant) U.S. citizen and have applied for the I-129F visa to bring in my Irish fiancee for marriage. We know that our visa will not be granted until AFTER the birth of our child. However, he wants to come here for the birth... and stay for about a week or two after then go home. I was told by my local immigration office that he will not be allowed entry into the United Stated if a fiancee visa is in processing. There has to be some kind of loophole in the case of a birth. I don't see how the U.S. could deny him the right to be present at his son's birth. The U.S. embassy in Ireland is no help to him because they don't return phone calls. I'm wondering if there is any way he is guarunteed entry into the U.S. and if there is, what is the process. I am stressing out so much about this!! Thank you!!!

I think your local immigration office is wrong, i'm not sure why he couldn't come on tourist visa while it's processing. He''s not "guaranteed" entry, but i'm pretty sure he would be allowed entry.

[Chris_Жанна 11]

Yes, you can visit. My fiance stayed with me for 2 months on her B-2 visa while we waited for our NoA2. She had no problems at the POE at JFK she had no problem when she flew here the first time, and the time before we were engaged. That is not to say that something cannot happen at the POE. The CBP reserves the right to send anyone right back on the next plane at the travelers expense for any reason they see fit.

No branch as from what I have read on VJ will expedite a petition for a child's birth. Your best bet is to come over on a the VWP, just be prepared to show strong ties to your country and a copy of your I-129f and NoA1/2 copy with you to show you are in the process of immigrating legally if asked. Even with all this evidence you still may be turned around. From what I have read here on VJ a denial of entry will not effect your K-1 petition unless you are doing something illegal or lying to the CBP officers.

[Nik+Heather 122]

Your fiance can certainly visit while the K1 is processing. Nik visited me for 2 weeks after we had started the process, no problems.

There is a special FAQ devoted to this particular subject. I think that having the K1 in process actually *helps* with getting in on the VWP. Notice that "a copy of any notice of action you have received" is also on the list of things he should bring with him.

I would recommend bringing everything he can on this list. Not everyone has everything, but the more the better.

http://www.visajourney.com/forums/index.ph...mp;page=k1visit

[ZorValachan 0]

Despite what your local office has told you, having the K-1 in processing does not absolutely restrict him from visiting you and vice versa. You don't even need a birth loophole. Especially since Ireland participates in the visa waiver program, it's not as if he needs to apply for ANOTHER visa just to have a visit to the US.

Despite this, some words of caution: he still runs the risk of attempting to visit and being denied at the border. If an immigration office suspects that he may try to stay in the country instead of returning home after his visit, they can deny him entry. He would need to have solid proof that he is going to return to his country rather than stay permanently, and even then, nothing is ever guaranteed.

Personally speaking, if I were in your position, I'd like to have my fiance with me at this time! Some viable proof if he decided to visit could include his return plane ticket, a letter from his employer explaining that they know he is visiting and when they expect him back at work, and even a copy of your K-1 NOA1 so they know you two are going about immigration the legal way.

There is no 'loophole'. Try the VWP, have strong evidence for ties he will return to Ireland, and hope the CBP doesn't send him back.

I don't see how the U.S. could deny him the right to be present at his son's birth Sorry, there is no 'right' for a father to be present at the birth of his child. Not to long ago, fathers were not even allowed in the delivery room.

I'm wondering if there is any way he is guarunteed entry into the U.S Again, no guarantee. There is never a 100% guarantee.

[sachinky 465]

He can try coming over on the VWP but there's a chance he might be denied at POE. Be prepared for that. Bring evidence of his ties to his home-country.

Edited December 8, 2009 by sachinky

[canadian_wife 1,831]

Your fiance can visit during the process on the VWP. Admittance and duration of stay is not guarenteed. He'll need to bring STRONG ties to Ireland, such as a letter from work indicating the expected return date, a lease/mortgage, utility bills, etc. Further, I suggest flying through somewhere where he will go through customs in Europe. In case he is denied entry, the cost of the return ticket will be cheaper

Good luck

[CaMic 0]

I'd add that you're fiance should be super pleasant to the immigration officer. Though I haven't tried to get in since sending the K1 application, I did get quizzed pretty strongly the last time I went (3 separate trips each of 3 months duration could have made me look a 'lil suspicious, lol). But I stayed calm and answered all questions as pleasantly as possible and was granted entry.

[rebeccajo 14]

Have him fly out through Dublin, which is a US port of entry.

That way, if they won't let him in, then at least he won't have endured an international flight.

[Lia792 5]

I'm not familiar with the Irish healthcare system and how to be eligible for it, but you could always consider having the baby there if it's not too expensive rather than running the risk of not having him with you.

[Justine+David 218]

Is it really all that big of a doom and gloom at the point of entry as everyone's making it out to seem? I mean, if you haven't gone to the U.S. multiple times for long durations >1 month, how likely is it for them to deny you?

My fiance visited me in April, May, July, and November of this year and while I told him to keep a copy of his work schedule and his return ticket on hand, he never had any problems, nor was he asked to provide any ties...

Edited December 9, 2009 by Justine+David

[rebeccajo 14]

I'm not familiar with the Irish healthcare system and how to be eligible for it, but you could always consider having the baby there if it's not too expensive rather than running the risk of not having him with you.

I don't think a USC can just wander in over there and get a free delivery.

[rebeccajo 14]

Is it really all that big of a doom and gloom at the point of entry as everyone's making it out to seem? I mean, if you haven't gone to the U.S. multiple times for long durations >1 month, how likely is it for them to deny you?

My fiance visited me in April, May, July, and November of this year and while I told him to keep a copy of his work schedule and his return ticket on hand, he never had any problems, nor was he asked to provide any ties...

They can deny any one at any time for any legitimate reason or suspicion. I wouldn't call it 'doom and gloom' because to me that implies death, but it really is something to think about.

Anecdotally the real trouble seems to come into play if you are coming in often and/or for long durations. If the alien is spending more time in the US than in their home country for purposes other than business, they are going to get bounced at some point.

When Wes first came to visit me, he had not been in the US for 15 years. He stayed three weeks that time. Nine weeks later he came back for a second visit and his ticket showed him returning five weeks later. He didn't get asked to provide any ties, but he was queried as to why he was coming back to the US so soon.

I've always felt it's very important in how the alien 'handles' themselves with the officers. Do they 'look' or 'act' suspicious? Do they seem honest in their answers? Are they respectful to the officers?

I earlier mentioned entering through Dublin. A few years back there was a Scottish gentleman who used to come visit his girlfriend often and for 89 days at a clip. He was self-employed and so could arrange his life to do that. He always flew out through Dublin just in case they bounced him. He went prepared each time with loads of evidence and freely admitted to using every ounce of groveling, courtesy, and charm he had at his disposal. He was never bounced.