need help and ideas (merged threads)

[a.cornelia 1]

Hey guys,

i'm new here and from Austria so please don't mind my bad English.

I have a lot of questions because I'm quite confused with this whole visa process, laws, rules, regulations and so on...

So my husband is a permanent resident since 2014. We got married in the States in 2016 and were planning to move together in 2017.

We give Glory to God because I am pregnant now with our first baby and moving together is a big topic right now.

My working contract will end with June 2017 and the baby will arrive in August 2017.

I would love to work till June 2017, give birth in Austria and then move to the States with the baby.

How about the visa process? I know that he needs to file form I-130.

Is it wise to start the filing process NOW while I am in Austria? And when should we start the filing process so I will be able to move to the States in August or September?

Or is it better to file while I'm in the States? I'm planning to visit my husband in February and April 2017 (with the Visa Waiver Program) and both visits will only be for 2 weeks due to work.

How long will the whole process take? I know it depends on a lot of things, but are there ways to speed things up?

And what about the baby?

Will it automatically get a permanent residence? Will we be insured with my husband? How long does it take to get a social security number?

So many questions...

Many thanks in advance!!

[Roel 7,191]

The process usually takes 9 - 12 months to start now if you want to move to the US next summer.

[JenniferNangel 137]

The process usually takes 9 - 12 months to start now if you want to move to the US next summer.

He's a lpr it can take 2 years for her visa to become available. My husband best friend is a lpr his wife petition was approved earlier this year and she must wait until a visa is available for her, they thought she'd be here early next year until I explain it to them

[Roel 7,191]

Oh, sorry, didnt see that he isn't the citizen.

Yeah, then get ready for the couple of years.

And entering the US on the ESTA or turist visa with the intent to adjust is a fraud.

And no, the baby will not expedite the visa.

[Hypnos 6,576]

As stated, it will take around two years for your priority date to become current, so you won't be moving here next year.

Edited November 24, 2016 by Hypnos

[kris&me 572]

but the baby will be a USC and you can follow the proceedure to prove that and get a US passport for the new baby

[EM_Vandaveer 2,375]

but the baby will be a USC and you can follow the proceedure to prove that and get a US passport for the new baby

Incorrect. Neither of the baby's parents are USCs and the baby will be born in Austria.

OP's husband will have to file a petition for the baby.

OP, Your husband needs to file I-130 for you ASAP. You'll get your immigrant visa towards the end of the year 2018.

Once the baby is born, your husband will have to file an I-130 for the baby.

Edited November 25, 2016 by EM_Vandaveer

[a.cornelia 1]

..all this sounds pretty devastating and hopeless if my husband and I want to be together as soon as the baby is born but I appreciate your help!

I also see no way to give birth in the States or does somebody have an idea how it could work out?

[MA & SY 34]

..all this sounds pretty devastating and hopeless if my husband and I want to be together as soon as the baby is born but I appreciate your help!

I also see no way to give birth in the States or does somebody have an idea how it could work out?

well, the best case for you is to start filing for I-130 as soon as possible. about the length of process no one can predict it as I think mostly guys r talking based on the average of VJ's website records.

however, a friend of my applied for I-130 from Cairo he got it within 9 months which was unexpected it according to the average time of the process, additionally he got his visa within a few weeks after the interview which isn't normal too for Cairo's embassy that applicants don't go under AP for certain time.

my point is the predication of the process is hard but the most important you don't waste time, you can file where you are now. and then when you move to usa change ur address from USCIS website.

to avoid any additionally process of getting your new baby with u, it's better to deliver it in the USA and save ur time

all the best for u guys

[Cathi 5,629]

well, the best case for you is to start filing for I-130 as soon as possible. about the length of process no one can predict it as I think mostly guys r talking based on the average of VJ's website records.

however, a friend of my applied for I-130 from Cairo he got it within 9 months which was unexpected it according to the average time of the process, additionally he got his visa within a few weeks after the interview which isn't normal too for Cairo's embassy that applicants don't go under AP for certain time.

my point is the predication of the process is hard but the most important you don't waste time, you can file where you are now. and then when you move to usa change ur address from USCIS website.

to avoid any additionally process of getting your new baby with u, it's better to deliver it in the USA and save ur time

all the best for u guys

once again, read the original post. The petitioner is not a US citizen, he's an LPR. The CR-1 process where the petitioner in an LPR is at least 2 years.

[Californiansunset 332]

In addition I also see the problem that a CBP officer might deny you entry if he sees that you are married AND pregnant because those are two big factors that might lead to you trying to stay in the U.S. with your husband. I would bring lots of proof that you need to return back to Austria and maybe even try to hide the baby bump that might show by then.

Edited November 25, 2016 by Californiansunset

[Transborderwife 4,666]

In addition I also see the problem that a CBP officer might deny you entry if he sees that you are married AND pregnant because those are two big factors that might lead to you trying to stay in the U.S. with your husband. I would bring lots of proof that you need to return back to Austria and maybe even try to hide the baby bump that might show by then.

OP has no legal path to residency stateside. personally don't see that as an issue.

[JFH 12,189]

Having the baby in the US would be very expensive and not very practical. Not only would you have to fly all the way there heavily pregnant (and let's hope your pregnancy is healthy enough that you can fly), it is very expensive to have a child there - even for a normal delivery and a healthy baby. Should the baby need NICU care or should you face any complications, the costs will rise quickly. It won't get you into the country as a resident any faster. All it will save is the fee for the visa for the baby as the baby would then be a USC by virtue of birth in the USA. But the cost of getting there and having the baby there far outweigh any saving on visa fees.

The sooner you start the process, the sooner you will be there. It will take around 2 years. Unless your husband is eligible for citizenship soon?

[a.cornelia 1]

Thank you all for the answers!

To be honest it has never been an option for me to give birth in the States so we will start to file the I-130 as soon as possible and pray, pray, pray!

I have only one more question:

When we start to file now, will it be legal to visit the States with ESTA in the meantime?

[HandmadeTurnip 150]

Thank you all for the answers!

To be honest it has never been an option for me to give birth in the States so we will start to file the I-130 as soon as possible and pray, pray, pray!

I have only one more question:

When we start to file now, will it be legal to visit the States with ESTA in the meantime?

Yes, just make sure you bring lots of evidence of ties to your home country.