Need to bring my pregnant wife to US soon

[rad259 0]

Hello,

I am a US citizen and living/working in China. I married a Chinese national in 2009. Our baby daughter was born in 2011 in China and she got her US citizenship.

Now I need to move back to US due to a job change. All of a sudden, I need to apply an immigrant visa for my wife. I submitted the I-130 in July, 2013. However, my wife is pregnant and due in Feb, 2014. I prefer to get our 2nd baby born in US.

Then I read that IR1 visa still takes months to be approved. To bring my pregnant wife to US in-time, can I (should I) apply for a B-2 visa just in case I cannot get IR1 visa before she can no longer fly safely? She has her B-1 visa until Sep. 4, 2013.

Thanks,

George

[amykathleen2005 441]

Can you do direct consular filing in China?

[florida4life 29]

http://www.visajourney.com/consulates/index.php?ctry=China&cty=Guangzhou (See about Direct Consular Filing)

http://www.visajourney.com/consulates/index.php?ctry=China&cty=Hong Kong (See about Direct Consular Filing)

[Harpa Timsah 13,258]

To where did you submit the I-130? You can file directly with the consulate in Guanzhou. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=44248875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

Otherwise, your wife being pregnant does not give her special status or in any way give her a way to expedite.

You can go faster than normal because you live in China, but that fact is unrelated to your wife's pregnancy.

[Lingladyinred19 13]

Way back 2009 , my husband petition me, and he request to expedited , and it was granted. Total process is 4months.

So i gave birth here in the USA. U need to have a valid reason, just try it.. Theres no harm to try.

[Pitaya 2,576]

To where did you submit the I-130? You can file directly with the consulate in Guanzhou. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=44248875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

Otherwise, your wife being pregnant does not give her special status or in any way give her a way to expedite.

You can go faster than normal because you live in China, but that fact is unrelated to your wife's pregnancy.

Agree with Harpa, DCF in Guangzhou.

[Darnell 8,478]

I see two options:

1. file I-130 to USCIS Office in BeiJing or Guangzhou (whichever you are covered for) or

2. all jump on plane in next 2 days. Wife get new I-94 covering 3 to 6 months. File for adjustment of status once in USA.

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If you choose 1, expect about 3 months

If you choose 2, expect about 10 months max.

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DCF filing, IMO, is better than filing to the Chicago lockbox for chasing IR-1 visa.

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I assume child has USA passport already. If not, option 2 not possible.

[Mark88 183]

I see two options:

1. file I-130 to USCIS Office in BeiJing or Guangzhou (whichever you are covered for) or

2. all jump on plane in next 2 days. Wife get new I-94 covering 3 to 6 months. File for adjustment of status once in USA.

----

If you choose 1, expect about 3 months

If you choose 2, expect about 10 months max.

---

DCF filing, IMO, is better than filing to the Chicago lockbox for chasing IR-1 visa.

----

I agree doing DCF is the faster option. My wife and had it done in Frankfurt in just a couple months, too. Friends of ours got DCF done in just 6 weeks. They made an appointment and handed all documents to the CO directly who checked on the spot if all was in place. This speeded up everything signaficantly for them. I would ask if this method is also possible in China.

However adjusting status in the US will always have possibility of your wife beeing deported. She would enter the US with a visitor visa. Visitors are expected to leave again once their visit is up. If you get a bad CO at USCIS you will really have to proofe, that your wife had no intention of immigrating and you guys decided this in the spur of the moment. Looking at just entering the US one day before the validilty of the visa is up, and being pregnant will make this a hard case.

[RandyW 149]

A visitor's visa would give her enough time (six months) to have the baby in the U.S. - I don't see any fraud issues, since the baby will be an American citizen anyway. The elder sibling might be left with relatives, if he doesn't already have a passport.

Once the baby is born, the decision can be made as to whether to go back to China for the I-130 ("yes" I'm sure is the correct answer there). I believe only a short trip for the interview would be necessary, which can be delayed for up to a year before the file is discarded.

A DCF timeframe (assuming you filed with Beijing or Guangzhou) would give her the visa most likely before the end of the year. Because of how quickly it all progresses these days, expediting would probably not be possible - the limiting factor might be the available interview slots.

You said, "I submitted the I-130 in July, 2013.", but you didn't say where or what the current status is.

There's more than a little bit of unneeded pressure there for you, I'm sure.

Edited September 2, 2013 by RandyW

[rad259 0]

A DCF timeframe (assuming you filed with Beijing or Guangzhou) would give her the visa most likely before the end of the year. Because of how quickly it all progresses these days, expediting would probably not be possible - the limiting factor might be the available interview slots.

You said, "I submitted the I-130 in July, 2013.", but you didn't say where or what the current status is.

I filed I-130 to Chicago lockbox, without knowing DCF in Guangzhou is an option. Didn't do enough home work on my side.

I checked the status at USCIS web site. It is still at "Initial Review" phase.

Is re-submitting I-130 to Guangzhou Consulate an option for me now? Is it faster, or could get the matter worse?

[rad259 0]

To where did you submit the I-130? You can file directly with the consulate in Guanzhou. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=44248875d714d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=1ac900c262197210VgnVCM100000082ca60aRCRD

Otherwise, your wife being pregnant does not give her special status or in any way give her a way to expedite.

You can go faster than normal because you live in China, but that fact is unrelated to your wife's pregnancy.

I filed to Chicago lockbox without knowing DCF in Guangzhou is a possibility.

Didn't know living in China is an advantage on speed. I thought the agency must be over loaded with petitions from China due to a large population. Further explanation?

[rad259 0]

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DCF filing, IMO, is better than filing to the Chicago lockbox for chasing IR-1 visa.

----

.

I already submitted I-130 to Chicago lockbox. Can I resubmit a new I-130 as DCF filing to Guangzhou?

[Mark88 183]

A visitor's visa would give her enough time (six months) to have the baby in the U.S. - I don't see any fraud issues, since the baby will be an American citizen anyway. The elder sibling might be left with relatives, if he doesn't already have a passport.

The fraud issue is not concerning having the child in the US. This would be totally legit. It would occur though when entering the US with a visitor visa and then adjusting the status for his wife. This is where problems could occur.

[RandyW 149]

The fraud issue is not concerning having the child in the US. This would be totally legit. It would occur though when entering the US with a visitor visa and then adjusting the status for his wife. This is where problems could occur.

The term "anchor babies" should ring a bell there (and may raise one at the POE). This won't be the case here, since the baby will be an American citizen regardless of where it's born.

Adjusting status after using the visitor's visa is not a problem, either - if it goes through before the I-94 expires, or through the I-130 by interviewing in China after the baby is born.

It all goes to the comfort level of the OP and his wife.

[RandyW 149]

To draw up a timetable here, assuming they wish to use the B-1 visa

Sept. 4 - Enter the U.S. with the B-1 visa

~Feb - Have the baby

March 4 - return to China to await the (delayed if need be) interview for the I-130