Worse Case Scenario...

[Cazwik 11]

Hello all , just a little advise...

I am currently stationed overseas about to go back to the states, In July I went to the Philippines and spent a month with my fiance. I was waiting to file the K-1 for when I got back to the states because I still need my decree from my last marriage which was a horrible failure from the start. Anyway , its a little while and she let me know shes positive. I already hired a immigration lawyer and got started on the paperwork but she let me know that she has to get to the states before she is 8 months pregnant... If the Visa don't go through by then , what happens and how do I go about getting both the my child and her to the states? (and yes i m 100% its mine) Do I have to go through the whole process and pay all the fees all over again ?

I know , I should ask my lawyer but they are closed becasue of the holidays and I am just really nervous and stressed to see if anyone else was in this situation...

~Thanks

[NigeriaorBust 4,087]

It is an airline restriction you are dealing with , they don't want babies born in the air. If she isn't here by then you will have to wait, file a report of the birst to get the baby a passport and then fly after. The visa is good for 6 months so it should be no problem. Use it before, use it after.

[Gary and Alla 3,696]

Hello all , just a little advise...

I am currently stationed overseas about to go back to the states, In July I went to the Philippines and spent a month with my fiance. I was waiting to file the K-1 for when I got back to the states because I still need my decree from my last marriage which was a horrible failure from the start. Anyway , its a little while and she let me know shes positive. I already hired a immigration lawyer and got started on the paperwork but she let me know that she has to get to the states before she is 8 months pregnant... If the Visa don't go through by then , what happens and how do I go about getting both the my child and her to the states? (and yes i m 100% its mine) Do I have to go through the whole process and pay all the fees all over again ?

I know , I should ask my lawyer but they are closed becasue of the holidays and I am just really nervous and stressed to see if anyone else was in this situation...

~Thanks

The pregancie will have -0- affect on your processing time. She does NOT have to be here vefore she is 8 months along. If the baby is born before she gets her visa you will get the baby a US passport before the baby comes with her. The child will be eligible to be a US citizen and will not be eligible for a visa. It makes absolutely no difference for her visa.

This is no big deal. Plan on having the child in the PI's if you have not yet filed the I-129f

SOME consulates, I do not know if PI is one of them will require a DNA test before issuing a passport to the child. The visa she is issued is valid for entry to the US for 6 months after issuance so you have plenty of time even after the visa is issued

Edited September 6, 2011 by Gary and Alla

[Cazwik 11]

The pregancie will have -0- affect on your processing time. She does NOT have to be here vefore she is 8 months along. If the baby is born before she gets her visa you will get the baby a US passport before the baby comes with her. The child will be eligible to be a US citizen and will not be eligible for a visa. It makes absolutely no difference for her visa.

This is no big deal. Plan on having the child in the PI's if you have not yet filed the I-129f

SOME consulates, I do not know if PI is one of them will require a DNA test before issuing a passport to the child. The visa she is issued is valid for entry to the US for 6 months after issuance so you have plenty of time even after the visa is issued

So I would have to go there to give a DNA test before she could get the baby a passport?

[OnMyWayID 1,489]

The previous poster is probably correct - you will have a hard time getting through this process while she is still able to fly.. Looking at the interviews happening in September in the Philippines the time for I-129f NOA1 to interview range from 115 to 200 days. Assuming your girl is about a month along and needs to fly a month early that gives you six months (180 days) which about half the people interviewing in your fiances country in September were able to achieve. So you have a legitimate shot...

This assumes you file today, have no RFEs, the process has no other major bumps, and you get some luck... and you will spend the next six months pulling your hair out watching little things potentially destroy your chances... Of course if you don't file now your chances are pretty much zero. Spend every bit of your time towards getting the I-129f turned in. I would not have the lawyer do it, work 100% of the time putting the docs together and then one-day ship it.

Then, and only then step back and start worrying about the other things that go along with this...

Edited September 6, 2011 by OnMyWayID

[Penguin_ie 6,000]

No, you could have your DNA taken in the USA by an approved facility, and she'd have hers and the baby's taken in the Philippines. It is extremely unlikely that she'll get the visa before the baby is born/ she is too far along to fly, so I would prepare for a birth in the Philippines. The only way the pregnancy/ birth of the baby affects the visa process is that if baby is born before the interview (likely), there is one more household member to consider for the I-134 affidavit of support.

[bigdog 377]

No DNA in USA completed in Philippines, New baby will need changes in the I134 Affidavit of support. Congratulations.

[Cazwik 11]

Thanks guys ... not really what I wanted to hear , I was hoping to get her over here and on my insurance before the baby was born , but I guess I'll just have to wing it through... I am still going to try to put in a expedite because my next unit may deploy around may, I d like to see the baby before I go ..

[Penguin_ie 6,000]

I am still going to try to put in a expedite because my next unit may deploy around may, I d like to see the baby before I go ..

That can work- deploying with the military is grounds for expedite, and those expedites usually get approved fast. Contact your JAG office or USCIS on base if you have one, they can help.

[Mark&Marylene 1]

Thanks guys ... not really what I wanted to hear , I was hoping to get her over here and on my insurance before the baby was born , but I guess I'll just have to wing it through... I am still going to try to put in a expedite because my next unit may deploy around may, I d like to see the baby before I go ..

Hello .. aside from visajourney we have a group in facebook called Pretty Ladies you can tell your fiancee to join us... most are VJ members. I have heard from some ladies whose fiance's are military men and requested to expedite their petition. Fortunately most have been granted in a month or so if your deployment is due. You may ask your superior to give a letter stating your forth coming deployment and requesting the us govt to expedite. You can attached that along with your own written request. Chill out you will have them before the baby is born.