Living abroad and pregnant, CR-1 or K-3?

[hapval 1]

I am a US citizen and my wife a Foreign National, we just got pregnant and were hoping to have the child in the US.

I'm debating between a K-3 or a I130, not sure which one is better. Or based on processing time, having the child in the US is not possible?

Thanks!!

[JFH 12,196]

Which country is she from?

Generally speaking the process takes a year. K-3 visas are obsolete now so you will find that you are doing a CR-1 anyway. That starts with the I-130. The sooner you send it, the sooner it will be approved.

The child will still have US citizenship if born overseas, assuming you meet the requirements to pass on citizenship.

Your wife can still visit during the process, subject to the usual rules and regulations for visitors.

[JFH 12,196]

Oh and if you live in Seattle then you will be sending to the Phoenix lockbox, not Chicago.

[rutabaga 209]

Both the K3 and the CR1 processes start the same--by filing the I-130, so I'd start working on that either way.

[hapval 1]

I am from Seattle but I work in Hong Kong now. So we both live in Hong Kong now.

She's a Hong Kong national.

Thanks for the explanation about the I-130, quick question, how much evidence should I include for Bona fide Marriage? As much as possible?

Thanks!

[Transborderwife 4,666]

When is she due?

[hapval 1]

When is she due?

Right now we are looking at Dec 9th of this year.

[rutabaga 209]

Thanks for the explanation about the I-130, quick question, how much evidence should I include for Bona fide Marriage? As much as possible?

Thanks!

Pretty much. There should be a bunch of topics about that on the forums, and you can check out the guides section as well for ideas. I would personally focus on evidence showing co-mingling of financial assets (joint active bank accounts, credit cards, etc.) and joint ownership (house, condo, cars, stuff like that), but there's also other stuff you can and should send (our I-130 packet was 90 pages long, including the forms, but many send bigger packets from what I can see here).

[Transborderwife 4,666]

I'm unsure if you can direct consular file (perhaps ask on the Asian regional boards on here?) but if not, the baby will likely be born in China. It takes roughly a year for a cr1.

[Cathi 5,886]

k-3 is obsolete and rarely, if ever issued

[rutabaga 209]

I'm unsure if you can direct consular file (perhaps ask on the Asian regional boards on here?) but if not, the baby will likely be born in China. It takes roughly a year for a cr1.

I think there's DCF, but only for mainland China (i.e., not HK), but yes, definitely check.

[Thesmiths2016 117]

My husband and I just filed for my CR-1, our NOA1 is March, and our baby is due in July. We are doing the whole process from abroad and just waiting it out til my greencard comes through to make our move.

For us we also realised that because either my husband needs a current US job with income history (which we don't have as we are in Australia) or a sponsor, we are keeping our savings growing to show "assets" as our affidavit of support. So it's good to remember there is that step too. If you move back to the US and spend all your savings and don't have a sponsor financially it will be a hurdle later. A job outside the US counts as zero income as it ends when you move to the US.

Being pregnant also won't allow you to expedite ... But you'll be in good company here with us all. We felt being together and raising our baby together overseas til it comes through was a better choice.

You can apply for US citizenship pretty easily for your child no matter where he/she is born as they have one US parent. Congrats on your new adventure!!

[Joshua@Tinz 52]

DCF if you have resident visa in HK, others will be able to help you more with DCF, but I think the requirements are pretty much only to have a resident visa, and have been there 6 months or so, someone will come along and offer more advice on it though I am sure.

Only takes like 1 month in some cases FYI

[rutabaga 209]

DCF if you have resident visa in HK, others will be able to help you more with DCF, but I think the requirements are pretty much only to have a resident visa, and have been there 6 months or so, someone will come along and offer more advice on it though I am sure.

Only takes like 1 month in some cases FYI

Well the big requirement is having an USCIS office, and there isn't one in HK AFAIK, just in mainland China and those may be two entirely different things as far as immigrant visas go.

P.S. The consulate website also doesn't mention the option of filing directly with them (anymore).

Edited May 2, 2016 by rutabaga

[IcezMan_IcezLady 582]

Oh and if you live in Seattle then you will be sending to the Phoenix lockbox, not Chicago.

If OP is living abroad now and files from there, then it will be Chicago