4 months pregnant out of the U.S and waiting for my K-3 or I-130 to be approved!

[cjmax1 0]

Hi there, can anyone offer me advise!

I am four months pregnant. We sent off out 1-130 in November, and 1-129f in December. I am wondering how I can get back for the birth of my child. My husband is in the U.S and I am in Australia. Can anyone offer any advise?

Desperate here, as within a few more months I won't be able to fly.

[No name 88 48]

Where do you want to have the baby? The US or Australia.

[skiptex 225]

umm yea.. if you are married. why are you processing K1-Fiance Visa AND CR1 visa?!.. you can't do that.. .. the I-129 was not needed..

Edited January 27, 2014 by skiptex

[cjmax1 0]

K-3 Spousal Visa is what I applied for with the 1-129 f. I would like to have the baby in the U.S!

[belinda63 3,038]

Current processing times are around 1 year start to finish.

[No name 88 48]

umm yea.. if you are married. why are you processing K1-Fiance Visa AND CR1 visa?!.. you can't do that.. .. the I-129 was not needed..

I don't think she didn't filed for a K-1. I think she did file for a IR-1/CR-1 and a K-3.......at the same time? Did you withdraw the I-130 or is it still pending? Also the K-3 visa type is hardly approved anymore from what others say. USCIS just processes it as an IR-1/CR-1 petition.

Question is where do you want to have the baby? Are you in a rush to go to the US. I just did this overseas and waiting for the new baby to grow before you can travel really speeds up the time. Also have a baby overseas can have some advantages.

Update your profile and timeline. This helps members answer your questions regrading your specific case.

[cjmax1 0]

The 1-130 is still pending, and then I filed for the K3 visa. (Which as I reading was silly as they appear to be obsolete). My husband is still in the U.S and I am in Australia. I would like to be with him to have the baby, in our house. If possible. So want to get back there asap. It's fun being pregnant at home, but it is our first child and he is missing out on it all.

Are there any other options?

[No name 88 48]

cjmax I'm sorry but I think you need to plan on having the baby in Australia as the US process is longer than your pregnancy. My wife shed many tears over this but it all worked out and we now have a wonderful baby which you will too. My wife and I found ourselves in the same position last year and our immigration plans had to be adjusted because of the timing of the baby. Actually having the baby in Vietnam made our relationship much stronger. We are more in love now than ever.

What are your concerns with having the baby in Australia? Citizenship?

[cjmax1 0]

I guess my biggest concern is that my husband is in America, and working, and won't be able to just fly over here for the birth that easily and that he will miss the entire pregnancy. It's our first child and I would love to be with him.

[No name 88 48]

Having two petitions with the USCIS at the same time could be a bad idea. I would look into withdrawing the I-129f. I don't have experience with this but others may help.

[No name 88 48]

I guess my biggest concern is that my husband is in America, and working, and won't be able to just fly over here for the birth that easily and that he will miss the entire pregnancy. It's our first child and I would love to be with him.

That is a difficult situation. I visited the wife during the pregnancy and for the last two months plus the month after the birth I took a personnel leave of absence from work to be with her.

[cjmax1 0]

The USCIS website says to submit the 1-130 and then the 1-129 f. If the 1-130 is approved prior to the 1-129f then the 1-129f will be cancelled.

I don't know what to do. Why do they make this so complicated. You think when you get married it is an easier process. But nope!

[cjmax1 0]

Well I suppose that's an option. Obviously I am not going to get my Cr1 for another 6 months potentially, and it's not like I can sneak into the U.S on a tourist visa. I may have to look into another visa. Work visa perhaps.

[skiptex 225]

K-3 Spousal Visa is what I applied for with the 1-129 f. I would like to have the baby in the U.S!

oh, ok..

carry on..

[cjmax1 0]

Thanks for your advice.