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Applying for B2 medical visa in order to give birth in the US

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Filed: Timeline

Hi all,

I'm a US citizen currently living in Spain and married to a Spaniard. We hope to get pregnant and have a baby in the next year, and want to do so in a waterbirth center in Oregon (they have waterbirth in Spain too, but nothing like the quality of the birth center we saw in OR when we visited a few months ago).

So we're thinking of coming to the US around month 5-6 of the pregnancy (she's not pregnant yet) and staying there until after we have the baby. To my understanding, this would require a B2 visa, since her visa waiver is only good for 3 months. I've heard that spouses of US citizens are unofficially allowed to stay up to 6 months, but would rather stay on the safe side and get official approval.

My question is, do you think they will grant a B2 visa for, say, 6 months on these grounds? I can prove sufficient funds through bank statements and US tax returns, my job is location independent, and we'll have health insurance to cover us in the US as well, so there's no reason to suspect that we'd become a public charge.

Thanks in advance for any help! :)

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Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline

B-2 is for visiting / tourism

CR-1 Visa

USCIS

7/27/15 Sent I-130 package to Chicago Lock box

7/29/15 NOA1, TSC

10/7/15 Entered USA for three weeks to close escrow and pack house

12/5/15 Entered USA for 90 days to visit

12/7/15 I-130 approved,NOA2

NVC

12/23/15 NVC received package

1/5/2016 Called NVC

1/7/2016 Called NVC, assigned case # and IIN #

1/7/2016 Assigned choice of agent

1/7/2016 Paid AOS fees

1/21/2016 Paid packet IV fees

2/20/2016 Filed DS-260

3/30/2016 Sent NVC package

4/5/2016 NVC received package

5/5/2016 Email from NVC...case complete with interview date 6/17

6/10/2016 Medical

6/17/2016 Interview - Approved :)

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Why do you accuse her of birth tourism, Transborderwife?

She's a US citizen. She can pass her nationality to her child if the child is born in Spain.

Edited by EA & AM

CR1

09/16/2015 I-130 mailed to CSC
11/04/2015 I-130 approved 
11/12/2015 NVC received case
02/16/2016 Checklist received
03/17/2016 NVC completed case 
06/27/2016 Physical examination
06/29/2016 US Embassy Interview – APPROVED!

07/04/2016 Visa received + GC fee paid

07/18/2016 US Pre-Clearance in Dublin + POE in Chicago, IL

09/23/2016 Conditional GC received

ROC + NATURALIZATION

07/11/2018 I-751 mailed to CSC

07/19/2018 18-month GC extension received

03/27/2019 I-751 biometrics appointment

04/19/2019 N-400 filed online

05/06/2019 N-400 biometrics appointment

05/20/2019 I-751 transferred to NBC

06/17/2019 Relocated to Salt Lake City, UT

11/27/2019 I-751 + N400 Interview approved

12/04/2019 Permanent GC received

12/18/2019 Oath ceremony – CITIZEN!

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Filed: Other Country: Canada
Timeline

Why do you accuse her of birth tourism, Transborderwife?

She's a US citizen. She can pass her nationality to her child if the child is born in Spain.

The husband is a USC, not the wife hence the b2. That's exactly my point that citizenship can be transferred.its still birth tourism if a b2 is needed imo. Edited by Transborderwife
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For one, the likely hood of getting a b2 in a vwp country is low. Especially as the spouse of a USC. That weighs heavily against her. Also birth tourism is highly frowned upon.

Baby will be a USC, so the traditional birth tourism label is baseless in this case.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Baby will be a USC, so the traditional birth tourism label is baseless in this case.

Thank you, this is what I was meaning ^_^

CR1

09/16/2015 I-130 mailed to CSC
11/04/2015 I-130 approved 
11/12/2015 NVC received case
02/16/2016 Checklist received
03/17/2016 NVC completed case 
06/27/2016 Physical examination
06/29/2016 US Embassy Interview – APPROVED!

07/04/2016 Visa received + GC fee paid

07/18/2016 US Pre-Clearance in Dublin + POE in Chicago, IL

09/23/2016 Conditional GC received

ROC + NATURALIZATION

07/11/2018 I-751 mailed to CSC

07/19/2018 18-month GC extension received

03/27/2019 I-751 biometrics appointment

04/19/2019 N-400 filed online

05/06/2019 N-400 biometrics appointment

05/20/2019 I-751 transferred to NBC

06/17/2019 Relocated to Salt Lake City, UT

11/27/2019 I-751 + N400 Interview approved

12/04/2019 Permanent GC received

12/18/2019 Oath ceremony – CITIZEN!

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Baby will be a USC, so the traditional birth tourism label is baseless in this case.

Assuming the father meets the requirements to pass citizenship to the child. We don't know how long he has spent in the USA in his lifetime.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: Other Country: Canada
Timeline

While stranger things have happened put yourself in the shoes of cbp should the wife get a b2. Providing one is honest and gives the reason for visit could highly see one denying entry. Though stranger things have happened

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Assuming the father meets the requirements to pass citizenship to the child. We don't know how long he has spent in the USA in his lifetime.

valid point

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Filed: Timeline

Wow, this forum is hopping! Away for a couple hours and already so many responses. Thanks all for your input.

I was born in the US, lived there for twenty years, my parents are both American, etc.. so my future children will also be American, regardless of where we give birth. Therefore I don't see how it could be viewed as birth tourism. I also can't think of a reason why an officer would deny us, since we'd be very honest and up front about our intentions, and can prove our financial resources.

We do have health insurance, it's international and specifically includes coverage in the US.

Thanks also for referring me to HFM181818 - I'll get in touch via PM.

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