IR-1 Application submitted but wife pregnant while in the USA on tourist visa

[SpikeyPaul 0]

Hello all,

 

In April of 2018 I submitted forms I-130 and I-130A for my wife and my stepchild.  They both have tourist visas from before and have come to visit every other month for a few days and during the summer for a month or so.  I am wondering what would happen if she was to find out that she is pregnant while vacationing here.   How would that affect the application process if we were to decide for her to stay and have the baby here?  Would i have to cancel the application and start a change of status application?  Will I lose the money already submitted for the first application?  

 

Thanks in advance.

[Ontarkie 13,918]

She would return home and have the baby. As your wife is not in the US and you are doing the what if's now it would be fraud to do what you're thinking. 

[Jojo92122 1,924]

Where is your wife right now?

[Unlockable 7,306]

Some interesting scenarios you are pondering.

 

• A pregnancy or birth of a child will not affect your current petition.
• The fees you pay are non refundable.
• You should not have a preconceived plan to use a visitor visa to try and stay in the US. Your wife can visit but when she enters the US she is basically telling the Border Officer she has every intent to return home.

[Roel 7,191]

41 minutes ago, SpikeyPaul said:

Hello all,

 

In April of 2018 I submitted forms I-130 and I-130A for my wife and my stepchild.  They both have tourist visas from before and have come to visit every other month for a few days and during the summer for a month or so.  I am wondering what would happen if she was to find out that she is pregnant while vacationing here.   How would that affect the application process if we were to decide for her to stay and have the baby here?  Would i have to cancel the application and start a change of status application?  Will I lose the money already submitted for the first application?  

 

Thanks in advance.

Yeah.. all those "if" .. 

 

Seems like you already know that your wife's pregnant and you're planning in adjusting her status through the tourist visa. You're just asking those questions here so you know how to cover your.. behind.  

 

First of all - that's a fraud. 

Second of all - no one will refund your fees. 

Third - pregnancy has 0 impact in visa petition. 

[pushbrk 12,136]

You ask a hypothetical question.  It is not for us to speculate on your facts or motives.  The answer to your question is that IF WHILE visiting, circumstances change, the path to adjusting status is open to you.  You do not start over.  You file everything but the I-130 petitions, that you would to adjust status.  USCIS will then join the files and you'll be on a new path.

 

Remember though, that once you file to adjust status, the applicants need to stay in the USA until they have advance parole.