PREGNANT WITHOUT GETTING MARRIED

[WANNI 0]

Hi guys! First of all , thank you so much for spending time to read and answer my questions!

 

I visited my US boyfriend with tourism visa on 14th, May ,2019 and left on 21st, Aug, 2019. During my stay, I got pregant. In order to give birth our baby legally , we are now planning to get married. My question is I have no idea which immigrant visa is better and faster for us. Because we want our baby to be born in US.

I know I can give birth in US with my tourism visa , but I have stayed more than 3 months in US last time. I dont know if US customs will allow me to stay another 3 months to give birth.

 

Also how long it will take to apply K1 and  CR1? Thank you in advance.

Edited September 14, 2019 by WANNI

[designguy 1,179]

59 minutes ago, WANNI said:

Hi guys! First of all , thank you so much for spending time to read and answer my questions!

 

I visited my US boyfriend with tourism visa on 14th, May ,2019 and left on 21st, Aug, 2019. During my stay, I got pregant. In order to give birth our baby legally , we are now planning to get married. My question is I have no idea which immigrant visa is better and faster for us. Because we want our baby to be born in US.

I know I can give birth in US with my tourism visa , but I have stayed more than 3 months in US last time. I dont know if US customs will allow me to stay another 3 months to give birth.

 

Also how long it will take to apply K1 and  CR1? Thank you in advance.

Were you traveling on the visa waiver program? If so you may stay 90 days. Seeing as you overstayed, your ESTA will now be cancelled and you will be ineligible for the VWP going forward. In order to visit the US again as a tourist you would need to apply for a B2, however seeing as you have stated you are planning to marry, and thus have immigrant intent. and are pregnant with a USC's child there is a high chance your application will be refused.

 

The best routes are going to be the K1 or the CR1. The K1 takes about 8 months in the best case and the CR1 about 12 months in the best case. So I see very little chance of you being able to return to the US for the birth. Why do you need the baby to be born in the US? He will be considered as USC through his father even if he is born abroad (as long as the father meets certain criteria)

[Unlockable 7,306]

If you entered from an ESTA/VWP then you overstayed based on the dates you gave (94). So your ESTA/VWP is gone for good. If you entered under a B2 then you are fine to return.

 

You coming to visit for birth is fine, however, the big issue is you will have to shown how you will pay for the birth and pre and post natal care. This is the biggest issue with people in your situation because birth in the US can cost 10's of thousands of dollars.

 

Best of luck and congrats.

[WANNI 0]

47 minutes ago, designguy said:

Were you traveling on the visa waiver program? If so you may stay 90 days. Seeing as you overstayed, your ESTA will now be cancelled and you will be ineligible for the VWP going forward. In order to visit the US again as a tourist you would need to apply for a B2, however seeing as you have stated you are planning to marry, and thus have immigrant intent. and are pregnant with a USC's child there is a high chance your application will be refused.

 

The best routes are going to be the K1 or the CR1. The K1 takes about 8 months in the best case and the CR1 about 12 months in the best case. So I see very little chance of you being able to return to the US for the birth. Why do you need the baby to be born in the US? He will be considered as USC through his father even if he is born abroad (as long as the father meets certain criteria)

Hi thank you so much for your answer.

 

I was visiting US with a 10-year B2 visa. And customs gave me half year when I entered US in May.

 

The problem is now I am already 15 weeks pregnant. If I apply K1 now, my baby will be born before we get married. We want the baby to be born was because we want him to get USC right away. I didnt know its okay to born aboard. Could you please tell me when I can find the requirement of his father has to have so that the baby can be USC? Thank you so much again.

 

[WANNI 0]

31 minutes ago, Unlockable said:

If you entered from an ESTA/VWP then you overstayed based on the dates you gave (94). So your ESTA/VWP is gone for good. If you entered under a B2 then you are fine to return.

 

You coming to visit for birth is fine, however, the big issue is you will have to shown how you will pay for the birth and pre and post natal care. This is the biggest issue with people in your situation because birth in the US can cost 10's of thousands of dollars.

 

Best of luck and congrats.

Yes I entered under a B2 visa and was allowed to stay half year. Also I have checked the cost of birth in US, its so much more expensive than in China ( I am from China).

 

Thank you so much for your reply.

[designguy 1,179]

5 minutes ago, WANNI said:

Hi thank you so much for your answer.

 

I was visiting US with a 10-year B2 visa. And customs gave me half year when I entered US in May.

 

The problem is now I am already 15 weeks pregnant. If I apply K1 now, my baby will be born before we get married. We want the baby to be born was because we want him to get USC right away. I didnt know its okay to born aboard. Could you please tell me when I can find the requirement of his father has to have so that the baby can be USC? Thank you so much again.

 

https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

 

The requirements for your situation are as follows:

Quote

Child born to a U.S. citizen father out of wedlock
Before the birth of the child, the U.S. citizen father must have resided in the U.S. for at least 5 years, at least two of which were after s/he reached age 14 (if the child was born on or after November 14, 1986).  If, however, the child was born between December 24, 1952 and November 13, 1986, the U.S. citizen father must have been physically present in the U.S. for a period of 10 years, at least 5 of which were after s/he reached age 14.  In cases where the Embassy questions the biological relationship between the U.S. citizen father and the child, the Embassy may require evidence of the relationship between the U.S. citizen father and the mother.  If documentary evidence cannot be obtained, a DNA test may be provided as evidence.  Sworn statements of the parents, by themselves, will not suffice to establish the biological relationship.

 

Its a good point @Unlockable has made with regards to the cost of having the birth in the US. As you won't be married yet you wouldn't fall under your fiancé's health insurance and the out of pocket costs are extremely high. Plus if you return on the B2 you are going to need to go back home anyways to file for the K1 or CR1 which would mean moving back to China with a new born

[WANNI 0]

3 minutes ago, designguy said:

https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

 

The requirements for your situation are as follows:

 

Its a good point @Unlockable has made with regards to the cost of having the birth in the US. As you won't be married yet you wouldn't fall under your fiancé's health insurance and the out of pocket costs are extremely high. Plus if you return on the B2 you are going to need to go back home anyways to file for the K1 or CR1 which would mean moving back to China with a new born

So is it possible for my baby to get USC if he is born aboard while I apply K1?

[designguy 1,179]

5 minutes ago, WANNI said:

So is it possible for my baby to get USC if he is born aboard while I apply K1?

As long as the requirements are met, it's not that your baby will be able to get citizenship, as he will already be considered a USC at birth. The CRBA process is what will allow you to obtain a passport for him. It is totally independent from your K1 petition

[Going through 5,668]

9 minutes ago, WANNI said:

So is it possible for my baby to get USC if he is born aboard while I apply K1?

Yes so long as the father of the child fulfills the criteria outlined above.

[WANNI 0]

9 minutes ago, designguy said:

As long as the requirements are met, it's not that your baby will be able to get citizenship, as he will already be considered a USC at birth. The CRBA process is what will allow you to obtain a passport for him. It is totally independent from your K1 petition

thats good for me . thank you so much .

[WANNI 0]

13 minutes ago, Going through said:

Yes so long as the father of the child fulfills the criteria outlined above.

thank you so much 

[Nitas_man 3,100]

4 hours ago, WANNI said:

Hi thank you so much for your answer.

 

I was visiting US with a 10-year B2 visa. And customs gave me half year when I entered US in May.

 

The problem is now I am already 15 weeks pregnant. If I apply K1 now, my baby will be born before we get married. We want the baby to be born was because we want him to get USC right away. I didnt know its okay to born aboard. Could you please tell me when I can find the requirement of his father has to have so that the baby can be USC? Thank you so much again.

 

If your fiance is a USC and has 5 years of US presence your baby is a USC no matter where he/she is born.  A CRBA and passport are issued by the overseas embassy in your home country.

To be born in the US?  Your circumstances have changed significantly since you arrived and this is one of the few times that I would suggest you marry immediately and your husband concurrently file an I130/I485 petition for you to adjust status.

You won’t be returning home for awhile but marriage (should) get you on the health insurance he hopefully has and you can stay in the US / adjust to PR. 

Otherwise if you return home and have the baby there then you/he can submit CRBA/passport applications at the embassy and he/she can accompany you back to the US on a US passport.

Edited September 14, 2019 by Nitas_man

[JFH 12,189]

4 minutes ago, Nitas_man said:

I Your circumstances have changed significantly since you arrived and this is one of the few times that I would suggest you marry immediately and your husband concurrently file an I130/I485 petition for you to adjust status.

You won’t be returning home for awhile but marriage (should) get you on the health insurance he hopefully has and you can stay in the US / adjust to PR. 

Otherwise if you return home and have the baby there then you/he can submit CRBA/passport applications at the embassy and he/she can accompany you back to the US on a US passport.

She has already left the country. AOS from tourist visa is NOT an option for her now. 

[geowrian 22,335]

5 minutes ago, Nitas_man said:

To be born in the US?  Your circumstances have changed significantly since you arrived and this is one of the few times that I would suggest you marry immediately and your husband concurrently file an I130/I485 petition for you to adjust status.

You won’t be returning home for awhile but marriage (should) get you on the health insurance he hopefully has and you can stay in the US / adjust to PR.

OP already left the US. They stayed from May to August. AOS is no longer an option.

"I visited my US boyfriend with tourism visa on 14th, May ,2019 and left on 21st, Aug, 2019"

Edited September 14, 2019 by geowrian

[JFH 12,189]

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