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Girlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

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Hi my name is Chris,

My girlfriend of 2 years visited me from Chile on VWP on August 6, 2014 and her returned flight is October 30, 2014. This was her first time visiting me (I visited her in Chile about a year ago) her arrival went really smooth at POE. She was asked why staying almost 90 days she respond visiting boyfriend and taking advantage of trip since is not cheap and very long flight. She had proof of ties to country but none were needed, they quickly let her in after telling them she was here to visit boyfriend.

Fast-forward: October 8, 2014. We found out at a clinic she's 6 weeks pregnant! They gave us some paperwork which states she's pregnant and her expecting date is on June 3, 2015. Now i've read online and from what I have found out I have different options (Fiancee Visa, Spouse Visa, Adjustment of Status) I want to do things right and would appreciate any advice, opinion or just simply share your similar experience! Her return flight is in less then 3 weeks so I need to act quickly! I wish my baby to be born here in USA i'm a US Citizen born in Los Angeles, CA. Would also love to be next to her during this process and do prenatal care here in USA. Please any advice or opinion is deeply appreciated, as you can imagine im nervous this will be my first time becoming a dad!

Questions:

1: I'm aware as a VWP you can't overstay your visit or AOS. But does this situation changes anything?

2: If I file K-1 (Fiancee Visa) and she returns home would they allow her back in as VWP for Prenatal Care or to have baby while we wait on K-1?

3: What would you advice (Fiancee Visa or Spouse Visa)?

4: What are her chances of entering USA as a pregnant woman under VWP?

5: I'm aware on K-1 Visa she can't get Government help (Medicaid ect) does this mean if our baby is born in USA I will have to cover everything? I want to cover as much as I can but I read online average delivery is $30,000 which is out of my reach.

6: If we get married and I file for her AOS will this be consider a fraud because of entering as VWP? We had no intention to married but as you can imagine I want our baby to be born and have both parents living together.

PS: Thank You everyone for your time and help! From the bottom of my heart im deeply grateful. I apologize for so many questions, I'm just so nervous with this situation and want to do things right and I have less then 3 weeks before her returned flight.

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Filed: IR-1/CR-1 Visa Country: Romania
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Well, congrats on your upcoming child! I'll try and see if I can give you any advice on your questions, someone will surely correct me if i'm wrong

1) I wouldn't think that would change anything on the VWP. Her intent was to visit her boyfriend and the fact she is pregnant doesn't change the intent of her visit. Someone can correct me if i'm wrong, but I believe people have said that people can get married while on a tourist visa as long as it was not the intent when entering...Again, i'm not 100% on that last part, but I've read it here somewhere.

2) If you file a K-1, I think it makes travelling on the VWP hard because it might alarm the border officer that she has a strong tie here that might lead her to not leaving. I think it's perfectly allowed, it just might be an issue convincing someone that she isn't going to stay. As far as letting her in for prenatal care and just to have the baby here, I don't think so.

3) Fiancee visas can be a little quicker, but takes a lot of work once they are there and you are married. Spousal visas take a little longer, but you get a temporary green card with some restrictions that is good for 2 years, then you have to Remove the Conditions. Do which one is convenient for you. If your relationship is legit and you have no doubt about it, then the K-1 might be a good route because there is a chance she could have her visa before the baby is born. Again, pregnancy is not a reason that will allow her to work around immigration.

4) If she isn't given the same chance to enter as a pregnant woman, then she would be enduring discrimination and that is illegal. I would think she would be given the same "chance", but make sure her ties to Chile are very strong and that she leaves when she is supposed to.

5) If your wife/girlfriend/fiancee goes into labor and you drive to the nearest hospital, they are required by law to treat her or transport her somewhere so that the proper emergency medical procedure may be done (Giving birth is considered an emergency). If you cannot afford the doctor or do not have any form of insurance, you will be billed for the services. No, she cannot get on Public Assistance benefits, but she is entitled to be treated humanely in an emergency situation. As for the formula, diapers, and baby stuff...I believe that is a program called WIC and i'm not sure if she's eligible for that or not. Ask one of the ladies here who might have had that situation.

6) Like I said in #1, I am pretty sure if someone gets married on the VWP without the intention of doing so when entering, it is allowed. I'm sure there are more members here who can tell you about the fine print of that though since my advice here is based pretty much just on personal research and other peoples experiences here and elsewhere.

My advice would be to let her return home, file for the K-1 immediately if you strongly believe this will turn into a marriage you WANT. If you did get married within the next three weeks and file AoS, i'm not sure how it would look during the interview seeing your marriage within the final few days of her stay. I don't know how immigration officers think or what their procedures for assessing status is, but personally, i'd be doubtful of her planning on ever leaving due to getting pregnant during her visitor trip.

Not sure if that helped or gave you anything to go on, but that's just what I could come up with. Hopefully some of the Visajourney veterans will hop on soon and address any errors or other options you may have.


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Filed: K-1 Visa Country: India
Timeline

If she's in the country less than 3 months and you get married you will have some serious explaining to do. Not saying it's impossible, but be ready for some issues.

Your safest bet is to file the K1 fiance visa now. No need to wait for her to return home. That way you get started 3 weeks earlier.

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Hi my name is Chris,

My girlfriend of 2 years visited me from Chile on VWP on August 6, 2014 and her returned flight is October 30, 2014. This was her first time visiting me (I visited her in Chile about a year ago) her arrival went really smooth at POE. She was asked why staying almost 90 days she respond visiting boyfriend and taking advantage of trip since is not cheap and very long flight. She had proof of ties to country but none were needed, they quickly let her in after telling them she was here to visit boyfriend.

Fast-forward: October 8, 2014. We found out at a clinic she's 6 weeks pregnant! They gave us some paperwork which states she's pregnant and her expecting date is on June 3, 2015. Now i've read online and from what I have found out I have different options (Fiancee Visa, Spouse Visa, Adjustment of Status) I want to do things right and would appreciate any advice, opinion or just simply share your similar experience! Her return flight is in less then 3 weeks so I need to act quickly! I wish my baby to be born here in USA i'm a US Citizen born in Los Angeles, CA. Would also love to be next to her during this process and do prenatal care here in USA. Please any advice or opinion is deeply appreciated, as you can imagine im nervous this will be my first time becoming a dad!

Questions:

1: I'm aware as a VWP you can't overstay your visit or AOS. But does this situation changes anything?

2: If I file K-1 (Fiancee Visa) and she returns home would they allow her back in as VWP for Prenatal Care or to have baby while we wait on K-1?

3: What would you advice (Fiancee Visa or Spouse Visa)?

4: What are her chances of entering USA as a pregnant woman under VWP?

5: I'm aware on K-1 Visa she can't get Government help (Medicaid ect) does this mean if our baby is born in USA I will have to cover everything? I want to cover as much as I can but I read online average delivery is $30,000 which is out of my reach.

6: If we get married and I file for her AOS will this be consider a fraud because of entering as VWP? We had no intention to married but as you can imagine I want our baby to be born and have both parents living together.

PS: Thank You everyone for your time and help! From the bottom of my heart im deeply grateful. I apologize for so many questions, I'm just so nervous with this situation and want to do things right and I have less then 3 weeks before her returned flight.

1. The situation doesn't change anything.

2. They will allow her in under VWP just the same as if she wasn't pregnant, as a visitor who is able to prove to CBP that she will return home. Yes, you can visit while your K-1 is in process.

3. Fiance visa is the fastest...if you are concerned about her being here the quickest.

4. Her chances are the same as ANY person trying to enter under VWP. Pregnancy does not have any effect on being allowed entry to the US.

5. Yes, you are responsible for covering the costs of her delivery. You would likely have to pay out of pocket for the entire cost if she gives birth here.

6. It would not so much be considered fraud because at the time of entry to the US she had no intention of marrying and adjusting status.

Here are some visa options to consider: http://www.visajourney.com/content/compare

It will help you decide which visa option (fiancé or spouse) is the better option for you.


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

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Filed: Country: Monaco
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Considering she is still in the US, the easiest way, if you really mean to marry her, is to get married and file for AOS. She will not be here illegally and your baby will be born in the US as you wish. The only concern you may have is that it is almost a certainty that your insurance will not cover the delivery, which under normal circumstances may run you in excess of $20k in medical bills.

Having said that however, even if she were to return to Chile and have the baby there - where she might have better medical services than an uninsured person would in the US - the baby would still derive US citizenship from you, so it would still be a US citizen as you want. On the flip side, chances are she would have to wait at least 6 months for a K-1, or 12 months for a CR, depending on whether you marry her before the leaves the country.

Congrats and good luck whatever your course of action.

Edited by JohnR!

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Filed: AOS (apr) Country: Russia
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Questions:

1: I'm aware as a VWP you can't overstay your visit or AOS. But does this situation changes anything?

No

2: If I file K-1 (Fiancee Visa) and she returns home would they allow her back in as VWP for Prenatal Care or to have baby while we wait on K-1?

Most likely not but it is possible but she still have to return, have her medical and Embassy interview in her country.

3: What would you advice (Fiancee Visa or Spouse Visa)?

K-1 is a bit quicker but you could marry now and then she returns when her current visa runs out. You could begin the filing of either while she is here (obviously need to marry first before filing for the CR-1 Spousal Visa).

4: What are her chances of entering USA as a pregnant woman under VWP?

Maybe

5: I'm aware on K-1 Visa she can't get Government help (Medicaid ect) does this mean if our baby is born in USA I will have to cover everything? I want to cover as much as I can but I read online average delivery is $30,000 which is out of my reach.

If you became married, then she might qualify as your spouse, something to investigate.

6: If we get married and I file for her AOS will this be consider a fraud because of entering as VWP?

Yes

We had no intention to married but as you can imagine I want our baby to be born and have both parents living together.

Just because she is pregnant doesn't automatically qualify you to circumvent the immigration process. I don't mean to sound mean, really.

Considering she is still in the US, the easiest way, if you really mean to marry her, is to get married and file for AOS. She will not be here illegally

Wrong, she will be here illegally, unless you can get AOS approved.

and your baby will be born in the US as you wish. T


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: Country: Monaco
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This is also incorrect. USC spouses don't accumulate unlawful presence while their AOS process is underway.

Considering she is still in the US, the easiest way, if you really mean to marry her, is to get married and file for AOS. She will not be here illegally

Wrong, she will be here illegally, unless you can get AOS approved.

and your baby will be born in the US as you wish. T


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Filed: AOS (apr) Country: Russia
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This is also incorrect. USC spouses don't accumulate unlawful presence while their AOS process is underway.

No you're wrong. She came here on a visitor's visa. She has to abide by that regardless of her marital status.....why then wouldn't any VWP visit, become pregnant and then AOS.......that would be circumventing the entire immigration process.

I say this is a bad idea....if determined at AOS to be visa fraud, a possible lifetime ban could be in the picture....I personally would not want to gamble that large.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: Country: Monaco
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In that we agree, however imho it is a bad idea because of the financial implications. Proving fraud is very hard and the burden falls on the USCIS. If the relationship this couple has is a real one they should be able to get her AOS approved without incidents.



I say this is a bad idea....if determined at AOS to be visa fraud, a possible lifetime ban could be in the picture....I personally would not want to gamble that large.


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Considering she is still in the US, the easiest way, if you really mean to marry her, is to get married and file for AOS. She will not be here illegally

Wrong, she will be here illegally, unless you can get AOS approved.

Technically yes, she will be considered illegal. However, while her AOS is in process she is allowed to stay until a decision is made in her case.

This is also incorrect. USC spouses don't accumulate unlawful presence while their AOS process is underway.

No you're wrong. She came here on a visitor's visa. She has to abide by that regardless of her marital status.....why then wouldn't any VWP visit, become pregnant and then AOS.......that would be circumventing the entire immigration process.

I say this is a bad idea....if determined at AOS to be visa fraud, a possible lifetime ban could be in the picture....I personally would not want to gamble that large.

Once your AOS is in process, you no longer accumulate days of unlawful presence. It's not so much about entering the US on a visitor visa, but entering on a visitor visa with the intention at the time of POE to stay and adjust status.

I agree that the proper route to a visa should be followed without "circumventing" the immigration process. But it doesn't necessarily mean that staying and adjusting status while on VWP is illegal. It's all about the intention at the time of POE.


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

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Filed: AOS (apr) Country: Russia
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It's all about the intention at the time of POE.

It doesn't matter about intention at time of POE. Someone can not just come here on a VWP and then change their mind to AOS.......and creating a pregnancy doesn't automatically allow one to circumvent the process.....the same as suddenly deciding to become married....doesn't allow anyone to circumvent the process.

The pregnancy came into being by two adults willingly allowing it to happen....it doesn't happen automatically without thought (or does by lack of same).


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Filed: AOS (apr) Country: Russia
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Yes they can. It may not be fair to some, but there is nothing illegal in doing so.

Then everybody should do the same?


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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