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Melchor_Gan

Please help. Unsure which Visa.

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Filed: Country: Malaysia
Timeline

Hello everyone, I am from Malaysia and I am trying to go to the USA. My situation is that I am married to a US citizen by birth here in Malaysia. She is expecting to deliver our baby by May 2015. So we have decided to go back to the USA to have the birth there instead. As I understand, under normal circumstances, she would have to file a petition for a fiance visa for me to travel. But due to the time constraints, I am not sure as to which visa I should apply for? We were thinking of applying a b1/b2 visa for me to travel to the USA to witness the birth of our child but because we are married I am unsure if that would be considered immigration fraud. We have only 2-3 months left as we are to fly by the first week February because my wife is unable to fly after the 28th week of her pregnancy. Please help, as I am lost as to how to remedy the situation.

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Filed: Citizen (apr) Country: Canada
Timeline

If granted a tourist visa, you must leave the US when your authorized stay in the US is over, the one granted by the CBP when you entered on a tourist visa. Is that what you are looking for or are you looking to stay?

If you are looking to stay, your only other option is a spousal visa

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: Country: Malaysia
Timeline

Thank you for you reply. I am looking to stay but only in the future. As for now, my main concern is that since I am applying for a tourist visa, is it viable for me to tell the person in charge that I am using this visa to witness my child's birth? Or would that compromise my visa entirely?

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Filed: Citizen (apr) Country: Ireland
Timeline

I think it will be difficult but not impossible to get a tourist visa.

They will wonder why your wife wants to give birth in the USA when she has lived in Malaysa all her life. You will need to show compelling reasons that you will return to your country after the tourist visa, such as a good job, and also that you will not work illegally while in the USA- ie proof of funds. savings.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: Country: Malaysia
Timeline

The reason we decided to have the birth in the US is so that our baby's US citizenship will not be compromised. Malaysia doesn't recognize dual citizenship and my wife has had difficulties with our local CBP. Its a political and Immigrational mess. So to avoid all that, we were thinking of having the baby in the US.

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Filed: Citizen (apr) Country: Canada
Timeline

Does your wife have insurance in the US? this will be a costly birth if not

Also, the US consulate I Malaysia would deal with the citizenship of the baby. If your wife qualifies to pass citizenship onto the baby, you will not have to deal with the local CBP regarding citizenship

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Filed: Other Country: United Kingdom
Timeline

Just a minor detail from your post, you mention a fiance visa.

If you're already married then you cannot use a fiance visa, you'll need a spousal visa when the time comes for you to move to the States.


August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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Filed: Citizen (apr) Country: Nigeria
Timeline

As others have said it will be nearly impossible for you to get a visitors visa. The CO is required to assume you have the intent to immigrate and it is on you to prove otherwise. With a pregnant USC wife who is travelling to give birth what are you going to show to convince them ? Your best hope is an I130 which takes about 18 months and your wife will have to show she can support you or you will need a co sponsor.


This will not be over quickly. You will not enjoy this.

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Filed: AOS (pnd) Country: Malaysia
Timeline

The reason we decided to have the birth in the US is so that our baby's US citizenship will not be compromised. Malaysia doesn't recognize dual citizenship and my wife has had difficulties with our local CBP. Its a political and Immigrational mess. So to avoid all that, we were thinking of having the baby in the US.

Hei Gan, understand your situation. It seems impossible for you to have B2 (visitor visa) approval as I personally experienced it, unless you have significant documents (business, strong financial statement backup, properties and reasons that you will come back for goods, and not to overstay in US). if her due date on May you can try to start your spouse visa (not K1 - Fiance, as you both married!).

You can still try to apply visitor visa to be witness for child birth after you filed your K3 (Spouse visa).

and yes, try to check with your wife if she is under insurance cover for childbirth, I don't know which states she from but here in Illinois natural birth is about USD7-8000 and section C can be up to USD13K, you may need to pay out from pocket about 10-20% although with insurance cover... (depends on the policies).

Another way is your wife can still give birth in Malaysia and then apply for status change for the child and bring the child back to US before the kid turn to 2 yrs old since she is American Citizens..

http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html

Your kid can get both US and Malaysian citizenship until he/she turns to 18, then need to surrender one.

Hope my info could help. GOD Bless!


12.15.2009 - Meet through online games, he is my Hero star_smile.gif

02.14.2010 - Dating

12.22.2010 - First meet@London (My first white Christmas)

[Long.distance: Skype, Whatsapp, Messenger, eCard, eGifts]

12.29.2011 - He visit my parents@Kuala Lumpur

02.20.2013 - B2 Rejected crying.gif

06.19.2013 - K1 visa application documents mailed to John

12.20,2013 - Packet 3 received

05.20.2014 - Checklist and DS-230 sent

06.25.2014 - Packet 4 (Appointment letter) received

07.02.2014 - Medical Exam

07.11.2014 - Medical Exam result received

07.15.2014 - Final Interview

07.18.2014 - K1 visa secured

09.12.2014 - Landed Chicagoland

10.10.2014 - Married in Court House :content:

11.15.2014 - SSN with name changed obtained

12.08.2014 - AOS Files Sent

01.08.2015 - Bio Appointment

02.12.2015 - I-765 & I-131 approved!

02.23.2015 - Employment Authorization Card received

as1cHhSB0361800MTAwNDcxNGx8NTQ1MjgxbHxEY

as1cR2SoSf-1800MTAwMzVsfDQ1NTQ4MTlsc3xDb

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