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egospiers

Staying in the us on a Tourist visa while waiting for K1 approval

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I have, in my eyes at least, a fairly complicated situation. First my fiance is about 4 months pregnant, I filed for the K1 about 3 months ago...and am worried that we will not be able to get the visa before the baby is born, and we would prefer the baby to be born in the US to avoid any additional paperwork or delays in getting the K1 visa. My fiance does have a multiple entry tourist visa, which I believe is good for 6 months upon her entry into the US as a tourist. So the question I have is, can she use this tourist visa lets's say when she's 7 or so months pregnant and stay in the US on her tourist visa while we are awaiting the K1 approval, and the arrival of our baby? and would this look suspicious at the time of her interview? basically would this cause any other issues? I'm looking for a creative solution to a difficult problem, and hoping she can use the tourist visa to come stay in the US while we wait, we would certainly ensure she did not overstay her tourist visa. I am also aware that she has with the K1 the beneficiaries are often asked to show intent to return to their home countries, which she could do as she owns a house there and would have a return ticket home.any advise/help is greatly appreciated

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It would be very difficult for a visibly pregnant woman to enter the US on a tourist visa... I am afraid you will have to wait it out, I hope you get your noa2 soon!


My Journey:

We met through a study-abroad program in Shanghai, China in August of 2009

We got engaged March of 2010

I received my K1 VISA in 6 months (June-December 2010)

We were married 04/02/2011
I received my conditional 2-year greencard (AOS) in 2.5 months with no interview (April-June 2011)

Our son was born 02/03/2013

I received my masters degree in Speech-Language Pathology 04/17/2013

I received my 10-year greencard (ROC) in 3 months with no interview (March-June 2013)

My husband returned from deployment 06/20/2013

My naturalization journey took 4 months (April-August 2014)

I became a US citizen on 08/01/2014

Received passport in 3 weeks (regular processing)

Thank you, VJ! smile.png

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Airlines and doctors generally do not advise pregnant women who are at 7 months to fly. It can induce early labor in air. She should have a complete medical exam to find out if she would be an ok candidate to fly at that stage of pregnancy.

If she has the baby in her country, all you need is to file a CRBA and get a US passport for the baby(as long as the baby is yours and you are a USC). It would also be a lot less expensive than having the baby in the US with no medical insurance. The K-1 is valid for 6 months at the time of issuance so there would be time to do the CRBA and get the US passport for the baby and have her enter the US with the baby.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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I have, in my eyes at least, a fairly complicated situation. First my fiance is about 4 months pregnant, I filed for the K1 about 3 months ago...and am worried that we will not be able to get the visa before the baby is born, and we would prefer the baby to be born in the US to avoid any additional paperwork or delays in getting the K1 visa. My fiance does have a multiple entry tourist visa, which I believe is good for 6 months upon her entry into the US as a tourist. So the question I have is, can she use this tourist visa lets's say when she's 7 or so months pregnant and stay in the US on her tourist visa while we are awaiting the K1 approval, and the arrival of our baby? and would this look suspicious at the time of her interview? basically would this cause any other issues? I'm looking for a creative solution to a difficult problem, and hoping she can use the tourist visa to come stay in the US while we wait, we would certainly ensure she did not overstay her tourist visa. I am also aware that she has with the K1 the beneficiaries are often asked to show intent to return to their home countries, which she could do as she owns a house there and would have a return ticket home.any advise/help is greatly appreciated

I agree. Better bring her in soon if you are going to do it...

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FAQ: http://www.visajourney.com/faq/k1k2visa-I129f.html#3.15

Note, not much complex about a birth abroad, simply register the birth at the US consulate and get a US passport, depending on some countries may need an exit visa, for example China.


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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