I'm in UK, pregnant but fiance is a permanent resident. I want to have my child in USA. What are my options.

[gugu24 0]

Yes you are 100% right. The only reason i am giving you these suggestions is that i have been exactly through exactly the same situation. my wife was pragnant she moved into japan and our petition was denied right after one mont of her delivery. that was so painful so now our baby was kind of wedlock bcz us imiigration didnt accept our marriage for some resons luckily she is a us citizen so she could get the passport for our baby if your hubby can get citizenship by the time of your delivery or little bit later he can get your baby us citizenship on his name and you can go to usa using vwp

[Lady S 0]

I have read in some posts that it is illegal to travel to USA on a vwp with the intention of staying permanently or do you mean i can go just for a holiday???

[gugu24 0]

ok in your case if yoru fiance get the citizenship then you can get to usa just within six to eight months espacily both of you have baby. it does show that your intentions are good and marraige is on good faith.

[aussiewench 10]

well two simple and good suggestions:

First have your baby in UK. you know why? your baby would have a british passport. Now once you deliver the baby, both of you can go to USA since both of you would have VWP facility.

Once you get there, you can get married in USA with your fiance and remmember, your kid would be his baby too so he can apply for AOS for both of you.

Can you clarify this please. Are you suggesting that she enter on the VWP, get married and then AOS or did you just accidently miss the bit in between?

I have read in some posts that it is illegal to travel to USA on a vwp with the intention of staying permanently or do you mean i can go just for a holiday???

Yes it is illegal to enter the US using the VWP with the intent of immigrating.

Edited July 28, 2006 by aussiewench

[john_and_marlene 162]

well two simple and good suggestions:

First have your baby in UK. you know why? your baby would have a british passport. Now once you deliver the baby, both of you can go to USA since both of you would have VWP facility.

Once you get there, you can get married in USA with your fiance and remmember, your kid would be his baby too so he can apply for AOS for both of you.

gugu24, what you are proposing is to use the VWP to enter the U.S. with the intent to immigrate. That is considered fraud and you should not be promoting it.

[mendeleev 69]

Earlier in this string, CR-1 was mentioned as an option for the OP. She asked what CR-1 was and this wasn't answered.

CR-1 is an immigrant visa for spouses of US Citizens who get married outside of the USA. The process for CR-1 starts the same as K-3, with an I-130. As I understand the process, an important difference from OP point of view may be that the K-3 interview would take place in Lagos (the country where they would prefer to get married) but the CR-1 interview would take place in London (assuming OP is in fact a British citizen). CR-1 often takes longer than a K-3, but maybe current events upset this generalization. A CR-1 enters as a Permanent Residence -- there is no need to adjust status, as with a K-3.

All of these paths require OP's fiance to get around to going through the Citizenship process.

(Did I get the facts right here?)

[aussiewench 10]

Earlier in this string, CR-1 was mentioned as an option for the OP. She asked what CR-1 was and this wasn't answered.

CR-1 is an immigrant visa for spouses of US Citizens who get married outside of the USA. The process for CR-1 starts the same as K-3, with an I-130. As I understand the process, an important difference from OP point of view may be that the K-3 interview would take place in Lagos (the country where they would prefer to get married) but the CR-1 interview would take place in London (assuming OP is in fact a British citizen). CR-1 often takes longer than a K-3, but maybe current events upset this generalization. A CR-1 enters as a Permanent Residence -- there is no need to adjust status, as with a K-3.

All of these paths require OP's fiance to get around to going through the Citizenship process.

(Did I get the facts right here?)

Almost with just a couple of minor things not quite right. CR-1 is an immigrant visa for spouses of USC or permanent residents. They can of been married anywhere including the US.

[Mand 1]

CR-1 is an immigrant visa for spouses of USC or permanent residents.

Her partner is a permanent resident, so can they go this route once married?

[zauberblume 0]

Kezzie:

I've always wondered how the immigrant manages to prove that she or he had absolutely no intentions of coming to the United States with the intent of marrying and remaining. I presume the immigrant could always say that he or she had absolutely no prior knowledge of American immigration, which is perfectly plausible. The couple could also say that it wasn't planned. But if a person just happens to pass by an immigration forum online, this topic comes up quite a bit and it is quite clear that it is illegal to come to the United States with the intent of immigrating without securing the appropriate immigrant visa. By posing the question, then that opportunity to do just that is lost. So if Lady S had not posed her question here and ended up going to the United States now and having her baby there, then she could have stayed, even if her husband was not yet a citizen. Her case may have been difficult in that circumstance... (I am still trying to find that thread about a woman who did just that and stayed in the Boston area until her then fiance got citizenship. I haven't read an update on her case.)

It is for that reason that I think it should be illegal to come to the United States on any visa, except for the K-1, that is less than ninety days and adjust status. Thankfully, depending on your perspective, I don't have any say in that matter.

But, then again, if U.S. immigration was reformed the way I wanted it, it wouldn't even be necessary to have such a clause.

I did not come to the US with the intent of remaining I came to stay with family friends to recover from major surgery.... I met my husband here and we decided to get married... I tought I would have to return to the UK and wait for a visa...when we went and spoke to an immigration officer at Boston we were told there was no need for me to return and file for K3 as I was legally addmitted to the States I could file for AOS and I-130 together....

Why would I know anything about immigrating when I have never thought about moving to another country to live.... I have always come to the States on a VWP as do most tourists from the UK....

Kezzie

To the OP:

Tell your fiance to apply for citizenship quickly! He should make sure he meets all of the eligibility requirements and should research the process and study for the civics test.

Have a look at the U.S. Citizenship forum to figure out how long it might take for your fiance to get citizenship. The process, depending on your district, can be quite speedy, taking no longer than two months. Your fiance's case may take longer, but the sooner he starts, the better. If the processing goes quickly, then perhaps within four months he could apply for the K-1 visa for you. In those four months, hopefully the IMBRA problems will have been squared away. Have a look at the timelines for processing K-1s through London. It took one poster six months. It is possible, then, that you and your baby could be in the U.S. a year from now.

In sum, my thoughts are that you should then have your fiance file the K-1 visa.

I don't think the CR-1 would be the best in your situation given that you probably don't want your child to be separated from his father for too long. In order to file for the CR-1, you have t be maried. It takes a lot longer to process the CR-1 than the K-1. The K-3, depending on whose timeline you look at, can also take longer than the K-1 to process.

The best to you during your pregnancy.

Good luck!

Edited July 28, 2006 by zauberblume

[aussiewench 10]

CR-1 is an immigrant visa for spouses of USC or permanent residents.

Her partner is a permanent resident, so can they go this route once married?

Yes only being a permanent resident there is a longer wait time for processing. One can though have it updated to that of a USC once that is granted.

eg CSC is processing petitions with a receipt date of Jan 16 2006 for USC filing for a spouse........where as they are processing petitions with a receipt date of Jan 1 2005 for Permanent Residents filing for a spouse.

[Mand 1]

Ah I see, I guess Lady needs to sit down and work out which timeline will be faster. Citizenship then file, or file now and wait it out. Well, it's good to know she has some options at the minute!

[Donna A 4]

her fiance has to go thru fbi checks again for his citizenship which could take a long time. it might not be as smooth as u think. my congressman told me that sometimes a person passes all fbi checks quickly until they get to the citizenship part of it all and then hit a big road block.

[zyggy 9]

Kezzie:

I've always wondered how the immigrant manages to prove that she or he had absolutely no intentions of coming to the United States with the intent of marrying and remaining. I presume the immigrant could always say that he or she had absolutely no prior knowledge of American immigration, which is perfectly plausible. The couple could also say that it wasn't planned. But if a person just happens to pass by an immigration forum online, this topic comes up quite a bit and it is quite clear that it is illegal to come to the United States with the intent of immigrating without securing the appropriate immigrant visa. By posing the question, then that opportunity to do just that is lost. So if Lady S had not posed her question here and ended up going to the United States now and having her baby there, then she could have stayed, even if her husband was not yet a citizen. Her case may have been difficult in that circumstance... (I am still trying to find that thread about a woman who did just that and stayed in the Boston area until her then fiance got citizenship. I haven't read an update on her case.)

It is for that reason that I think it should be illegal to come to the United States on any visa, except for the K-1, that is less than ninety days and adjust status. Thankfully, depending on your perspective, I don't have any say in that matter.

But, then again, if U.S. immigration was reformed the way I wanted it, it wouldn't even be necessary to have such a clause.

I did not come to the US with the intent of remaining I came to stay with family friends to recover from major surgery.... I met my husband here and we decided to get married... I tought I would have to return to the UK and wait for a visa...when we went and spoke to an immigration officer at Boston we were told there was no need for me to return and file for K3 as I was legally addmitted to the States I could file for AOS and I-130 together....

Why would I know anything about immigrating when I have never thought about moving to another country to live.... I have always come to the States on a VWP as do most tourists from the UK....

Kezzie

To the OP:

Tell your fiance to apply for citizenship quickly! He should make sure he meets all of the eligibility requirements and should research the process and study for the civics test.

Have a look at the U.S. Citizenship forum to figure out how long it might take for your fiance to get citizenship. The process, depending on your district, can be quite speedy, taking no longer than two months. Your fiance's case may take longer, but the sooner he starts, the better. If the processing goes quickly, then perhaps within four months he could apply for the K-1 visa for you. In those four months, hopefully the IMBRA problems will have been squared away. Have a look at the timelines for processing K-1s through London. It took one poster six months. It is possible, then, that you and your baby could be in the U.S. a year from now.

In sum, my thoughts are that you should then have your fiance file the K-1 visa.

I don't think the CR-1 would be the best in your situation given that you probably don't want your child to be separated from his father for too long. In order to file for the CR-1, you have t be maried. It takes a lot longer to process the CR-1 than the K-1. The K-3, depending on whose timeline you look at, can also take longer than the K-1 to process.

The best to you during your pregnancy.

Good luck!

Z...

Immigration does not need to prove that you had immigrant intent... the burden of proof is on the petitioner. This means that the petitioner has to provide the necessary evidence that would convince a USCIS adjudicator that there was no immigrant intent upon their entry to the US.

Your logic does not work in the world of US Immigration. It's pretty clear that everywhere in the universe that if one has the intention to immigrate, then a visa is required for that option. That's the way it is for everywhere. ALso, when you get an non-immigrant visa it is clearly spelled out what the visa allows you to do. Also for those who enter on VWP, when you fill out the I-94W, it clearly states that you entry is based on a non-immigrant intent and the consequences for not following the rules of VWP. So to state that there was no way of knowing what the rules of your entry were is also false. There is plenty of notice on what the rules are.

Next, if she did what you suggested, there are a couple of issues..

1) She is not eligible to adjust her status from a visitor status to a PR becuase as the spouse of a PR, she is not eligible for an immediate immigrant visa number. THe I-485 is only available for spouses of US CItizens who have an immediate visa number available.

2) If she did stay, she would not be in status for more than about 4 years of so while she waited for an immigrant visa number to be available. While she is here, she would have no status.. so no health care, no driver license, no nothing.

3) Just because she has a baby here, there have been cases where even though the baby is a US Citizen and the parents are illegals, the Immigration courts have had no problems with removing the parents. In this case, since the father is legal, the Immigration Courts have even a larger standing to remove the mother as the father is legal.

4) By harboring a illegal, her husband would be violating US Immigration law and would put both his permanent resident status and his subsequent opportunity for Naturalization in jeopardy.

[Joey559 1]

Zyggy is absolutley right - it's not up to the US Gov't to prove anything and their isn't a catch all law that says if you prove this, this and this they HAVE to let you in. As someone attempting to immigrate you are not a US citizen and therefore you have no rights under US law. How people feel about that is personal opinion, something for a different thread.

If she comes in a full seven months pregnant then claims I just decided spur of the moment to get married to my not-yet-a-citizen husband the red flags will be flying high. The immigration employees handle dozens of cases every single day, they won't be fooled, they won't be moved by sob stories of babies, etc and they are not forgiving of fraud.

Lady S. seems to understand why it wasn't a good idea after it was explained to her. She has since stated that she, like the rest of us, doesn't want the wait, but wants to do it by the book. All the best and I hope you have a safe and happy delivery, Lady S.

[Lady S 0]

Thanks joey. I have told my fiance to hurry up about his citizenship! Once his citizenship comes through then we can go ahead and apply for a K-1 visa. If all goes to plan i guess i'll be in the US by the end of 2007. What do you think??