My Fiancee/Wife overstayed & Pregnant. What do i do?

[D'Bo 0]

So I met my beautiful girlfriend in elementary school here in the United States. When we were in middle school, we started dating and since then, we've established a very stable relationship. During high school, we found out that she doesn't have social security and that she was born in Mexico but was crossed over to the US legally with a passport that expired in 1992. She overstayed and finished high school, graduated high school, and she even attended a university in Texas. After a year of college, she had to go back to Mexico because of some family issues with her mother and because of that, she's now unable to come back through customs. I visit her 4-5 times a week by crossing the border and visiting her every chance I get but I want my child to be born here in the US. I make a good amount of money and I can support her so I know she won't be a burden on the economy because she'll be my responsibility. She's now 6 weeks pregnant and I asked her to marry me last month. I want to get her in the States as soon as possible but and I want to file for an I-129F to get her in here until we get married later this month but I fear that she will be denied her I-129F because of her overstay in the US. I'm just posting this to get some comfort but I need to know, by someone with experience, is there even a possibility that I could get her I-129 approved and then adjust the status after marriage without any hassles based on that background?

[canadian_wife 1,791]

Due to her extreme overstay and the fact she is out of the country, this will not be a cheap or quick process. Sorry, but it is unlikely your child will be born in the US. Your child will still have claims to US citizenship.

immigrate2us.net is a great site where you may find greater comfort

good luck

[Darnell 8,478]

what age did she return to Mexico ? (Her age, not yours)

[D'Bo 0]

what age did she return to Mexico ? (Her age, not yours)

When she was 22. She's 25 now.

[Penguin_ie 5,986]

She overstayed more than a year, thus has a ten year ban (7 more years ago). There is a waiver for that, and the US Embassy in Juarez is fairly quick in adjudicating them, but that comes after the interview for whichever visa you choose. The visa process from you sending the petition to interview takes several months (the K1 being slightly faster than the CR-1 spousal visa), so there is little chance she will get here before the baby is being born, but if you file right now and no RFEs, there is a small chance, as she won't need to fly and thus no airline restrictions.