My pregnant fiancee is a US citizen - How can I (AUS citizen) immigrate to the US?

[wilk0164 0]

Hi All,

This is my first post and I apologize in advance for raising an issue that has no doubt been addressed countless times before.

My fiancee and I are currently living and working in New Zealand. We had the intention of looking into the immigration process at a later date, but have recently discovered that my fiancee is pregnant.

She will be returning home at the end of June so she can have the support of family and friends that we do not have here in NZ. Given our financial situation, I will be staying on in NZ for a couple of months to save money.

Basically what I am looking to discover is what the best course of action is for me (Australian citizen) to immigrate to the USA.
I was looking at coming to the USA on a tourist visa and then applying for an adjustment of status. The i-130 process I believe. Unfortunately I have read that if I was to do this, I would be committing immigration fraud. The reason I chose to explore this avenue is because it would allow me to be in the USA the entire time. That being said, I do not wish to take any great risks that may hinder my ability to immigrate at a later date.

I have also briefly looked into the K1 and K3 visas.

I would really appreciate if someone could please point me in the right direction given our current situation.

[Kastrs 723]

First, read the guides on this site it will help you better to unspderstand your options. A summary of your choices are basically get married now and then file for a cr1 visa. A cr1 is slightly more upfront than a k1, but cheaper overall. Also it allows you to work in the us as well as travel from the us upon arrival. With a k1, you get married in the us after your visa is approved. Following your wedding you must remain in the us until you either recieve advance parole or your green card, which would allow you to leave and renter the us. Also, you need to apply for an ead, which is a work permit. All the while you are doing this you will be waiting for your greencard. This process to get ead/ap takes at 2-3 months currently. Only you and your fiancé can decide what is the best path for you.

One thing to know for either visa, your fiancé or wife, whatever the case is for filing will need to also be your financial sponsor meaning that she would need enough us income to qualify. If she does not have sufficient income or assets, you will need a cosponsor to make up the difference between what you have and what you need. Also, she will need to establish domicile in the us to file. Good luck!

Also, forget the k3 they are basically useless.

Edited May 12, 2013 by Kastrs

[amykathleen2005 441]

No one is going to tell you to commit visa fraud. Either go for the K1 or the CR1. Both will take about the same amount of time. Both have their pros and cons. You can look at the guides on this website for more information.

[MedRoni 161]

You are correct - if you come on a tourist visa with the intent to stay it is illegal - immigration fraud.

As others have said - K1 or CR1, the choice is yours depending on your given situation. As Kastrs said - remember there are financial obligations from your soon to be wife as well - but these should not matter in your decision on which route to take, just maybe when and how.

Congratulations on the little one and an upcoming wedding at some point!

[Inky 1,110]

As the OP is still deciding what to file for, i'm moving this topic to the general forums from the K-1 process forums.

[Adrian-Danielle 12]

Hi, I have gone through (and am still going through) a similar situation to yours.

Id been dating my US fiancé for about 3 1/2 years when she became pregnant in the US in May last year. So I stayed with her for just short of 3 months on a tourist visa over the summer (but I had been living in Canada before that) and returned to Australia. But before I left we started our K-1 Visa process, in which we sent in all our I-129f documents.....I was back in Australia for about 5 months and basically missed all of her pregnancy and because our NOA1 wasn't approved for almost 7 months I decided to fly back to new York for the birth (which I missed by 24 hours - she gave birth while I was on the plane) and stayed for another 3 months to help with our baby. Im currently back in Sydney waiting for my interview....should be issued any day now.

Personally I think you should apply for the K-1 visa now and stay in New Zealand and earn money while you can and when she is nearly due to give birth (1 month before or so) come back to the states on a tourist visa and stay just short of 3 months and then return home to NZ for your medical and interview and by then your whole visa process will be almost over.

That way you can have time to say by to family friends, you can be with her when she needs you the most - cause having a baby ain't easy. The whole visa process is bullshit in my eyes....but its the only way. Why risk the future of your wife and child by ruining your chances of living in the US. Do it by the book so to speak and youll be fine.

Its a long process but you have your whole lives together....all the best!

If you need any info let me know. Cheers

[Penguin_ie 5,986]

I recommend the CR-1- get married asap (quick courthouse wedding will do) and have her petition you. As money is a bit of an issue for you guys, the CR-1 is better for you as it's cheaper overall and it means you can work immediately upon entry to the USA on this visa.

It is unlikely that either visa (K1 or CR-1) will be done by the time she gives birth, but as an Aussie citizen, you can use the visa waiver program to visit for the bith, but you MUST NOT overstay.

[Autumnal 25]

Do not do the I-130 route. It's riddled with perils for an immigration officer to pick through.

I actually did the I-130/I-485 co-application route as a Canadian, which is far easier than almost any other country because we require no visas, entry stamps, or I-94 forms to enter the United States. I entered as a visitor, and demonstrated clear intent to return to Canada (enrolled in university, had a lease, investments, personal belongings, family ties). A pregnant fiancee is a definite reason to stay, and you'll have to list the child on your application, so... Just a word of caution, keep yourself as clean as possible. I know it's got to be hard when facing her pregnancy and you being stuck in the antipodes.

A CR-1 or a K1 visa are both good options, though CR-1 may be better in your financial circumstances. If you can keep working in NZ and build up savings while your wife/fiancee is able to demonstrate adequate savings and/or financial ability for the petition, you'll both be in a strong position. Also, you can visit per the usual Australian rules, but be assiduous about entering and leaving the country within your allotted timeframe.

[NigeriaorBust 4,087]

Does New Zealand offer DCF ?

[wilk0164 0]

Thank you all so much for your assistance with this matter. I still have a few concerns about the process and was hoping that someone may be able to clear these up. This is our plan.

-Get married ASAP in NZ
-Start the visa process from NZ
-My Wife will return to America at the end of July.
-I will follow using the Visa waiver program about 2 months later.
-I will stay for just under three months then return home to Australia for the visa interview and medical when they are required.

My questions are...

-The forms require proof of marriage. Will a marriage in NZ be recognized?
-Can I really visit for the birth? I am concerned about what will be said in the interview later in the piece when they can see that I have visited the USA during the process. Is it actually an offence to visit during the process?

Thanks again for the assistance you have all provided so far. Any further advice regarding my plan and questions would be greatly appreciated.

[Penguin_ie 5,986]

Yes, a legal mariage in NZ will be recognised.

Yes, you can visit, just make sure not to overstay. You can searchy the forums here, most people have no problems visiting during the process at all.

[wilk0164 0]

Thanks again for all your assistance so far. I have an update and a few more questions.

My wife (US citizen) has now returned to the US. I will be going to visit for approximately 80 days, arriving on the 12th of October.

We have received our first NOA and are currently awaiting the second.

As I will be leaving New Zealand in a few weeks, and returning home to Australia for 2 weeks before I go to America, I will no longer be employed. I will also be living with my parents during the processing period.

My father has recently been diagnosed with pancreatic cancer in Australia so after I visit my wife who is due to have a child in October in America, I will be returning home to assist in his care and find further employment etc.
My intention is obviously to return after the 80 days are up. However, proving ties may be very difficult. I was wondering if you wouldn't mind providing some advice/opinion regarding the very limited documentation I can provide to prove my intention to return.

- Bank account and credit card statements (AUS bank)
- Letter from parents advising that they will be expecting me to return on the correct date and continue residing with them until the visa process is complete
- Letter from wife advising that I will be visiting for a period of 80 days.
- Copies of all documentation sent with I-130 package
- Case status - NOA 1
- Return ticket itinerary
- Old passport showing that I have once previously visited the US and not overstayed
- Student loan balance from previous studies at an Australian university

This is all I can think of so far... as I will not have a job at that time and I will also not have a lease or vehicle.

Another question is regarding a police clearance.

I will be getting one for my time spent in New Zealand and an updated one for Australia during the two weeks that I am back. However, I met my wife in South Korea, where we were both teaching English.

We did get police clearance letters, however, these are in Korean. Do you advise that I get mine translated in case it is requested? If so, can you suggest any official and acceptable channels/options for completing this? Perhaps the Korean consulate here in Auckland?

Finally, If we, by chance, happen to be very fortunate and the processing is faster than the average, and I receive a letter about an interview, but am still in America.... Will I be able to reschedule?
Or perhaps I should more simply ask, how does that step come about? Do they schedule an interview time and date, or do they contact you requesting that you call to make an appointment.

Again, thank you for all assistance during this rather testing time. Everything seems to be happening all at once, but we are remaining positive and would very much appreciate any further assistance that could be provided.

[Penguin_ie 5,986]

Being from a visa waiver country, you may just be waived through without asking, but the proof you have is pretty good. If you can get a letter from the doctor regarding your father, that may help too. Don;t offer any of the stuff when you first walk up to the immigration booth, and hopefully none will be needed.

Yes the police clearance will need to be translated.

Yes you an re-schedule the interview- or just take your time sending back the next set of documents if necessary- but chances of an interview in October given yuour timeline are extremely slim.

[wilk0164 0]

Thanks for responding so quickly.

Translation should be easy enough to sort out.
As for the letter from a doctor, that's a good idea.

I wasn't thinking so much of an interview in October... but December, as I won't be flying back till around the 12/26/2013. I know even that is unlikely given that the average processing time seems to be on the up.
Great to know I can reschedule if something else were to come though.

Thanks again Queen Penguin!

[NigeriaorBust 4,087]

If your notices are going to a place where your father or mother or ?? can watch them for you then you are covered . If you get a notice for an interview while you are in the US you can call and ask for it to be moved a bit.