PREGNANT WITHOUT GETTING MARRIED

[HRQX 4,145]

6 hours ago, designguy said:

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.

 

If they marry before the baby is born then it's "in wedlock." https://fam.state.gov/FAM/08FAM/08FAM030401.html "This includes a child conceived before the marriage but born during the marriage." In that scenario, the requirements are:

Quote

Birth Abroad in Wedlock to a U.S. Citizen and an Alien

A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7).) For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of fourteen. For birth between December 24, 1952 and November 13, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for 10 years prior to the person’s birth, at least five of which were after the age of 14 for the person to acquire U.S. citizenship at birth. The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.

 

8 hours ago, WANNI said:

Also how long it will take to apply K1 and  CR1?

K-1 and CR-1 comparison by @missileman:

On 6/21/2019 at 6:54 PM, missileman said:

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 5 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 5 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

You can marry in the US and then leave the US right after:

 

[Nitas_man 3,100]

7 minutes ago, HRQX said:

Preconceived intent to AOS is illegal. It's also against VJ's TOS to condone it: https://www.visajourney.com/content/terms/

I’ve been around for 14 years and I’ve never even hinted that it’s OK to travel to the US on a visit visa with intent to immigrate.

I was originally under the impression that OP was in the US.

Stand down.

 

[Ontarkie 13,915]

~~One post along with one quoting removed. The wording of said post does look like advocating fraud (yes I understand that was not the posters intent). We do not need anyone reading it as it is ok to do so.~~

[Duke & Marie 1,389]

12 hours ago, designguy said:

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)

I was about to ask the same thing...

 

I foresee a couple of problems with k1 although I don’t know for sure things to consider would be

- it’s approval pre-birth and ability to fly / travel when heavily pregnant... particularly by air when many restrictions apply

- if you did get there pre birth on k1... medical coverage for you might be an issue and most definitely needed

- k1 can’t work until AOS, I know some time at home with baby is needed, but let’s face it munchkin are expensive, you and baby need financially supporting until AOS is achieved..

 

personnally, I think I’d go CR1 route, have the baby using healthcare I’m familiar with, at home where my family can help etc and then better plan the immigration to be with hubby... 

 

but choice ice is yours, both k1 and CR1 have there pros and cons but either way pregnancy is not a viable reason for expedite, so be ready for a slow process

[geowrian 22,335]

The above advice is clear immigration fraud. You cannot come to the US with intent to marry & stay/file for AOS.

Edit: The post advocating fraud was removed

Edited September 15, 2019 by geowrian

[JFH 12,189]

You absolutely CANNOT enter the US with a B-2 visa with the intent to stay and adjust status. The post recommending this action has been reported. 

[Going through 5,668]

Also important is that there is no intention of adjusting status within the USA when entering on a tourist visa.

 

What you are telling the OP to do in the rest of your post is fraud.

 

 

Edited September 15, 2019 by Going through

[Ontarkie 13,915]

~~One post for TOS violation removed and admin action taken.~~

[WANNI 0]

First of all thank you so much for your guys giving me advices.

 

I never want to do it illegally. Thats why we didnt get married when I was in US. We want to do it right so that we wont have problems in future. Since if my boyfriend meets the requirements, my baby can be born out of US to get USC. We are planning to give birth in Turkey since my boyfriends parents are living there. 

 

My question is if iits okay that we apply US passport for our baby in Turkey instead of in China ( I am Chinese).

 

Thank you in advance.

[Diane and Chris 651]

I think we would have a lot less misunderstandings if everyone would read through all the posts and throughly read the post before offering advice. We don’t need to get upset with each other. We are all here to help one another. Thank you. 🇺🇸

[JFH 12,189]

2 hours ago, WANNI said:

 

I never want to do it illegally. Thats why we didnt get married when I was in US. We want to do it right so that we wont have problems in future.

 

Just for clarification - getting married whilst in the US as a visitor is perfectly legal. You could have done that, if you wanted to. 

[flfreddy 92]

Clarifying on JFH post here... (please correct me if I am wrong)

a) getting married whilst in the US as a visitor is perfectly legal

b) giving birth whilst in the US as a visitor is perfectly legal

c) however, if the intent at point of entry is to do a or b, then that is an illegal entry strike on the alien once USCIS finds out.  Hard time doing any petition or getting benefits moving forward.   However, a) and b) is still legal.  ie. Legit marriage and child is US citizen.

 

now, many posts here mentioned intent at Point of Entry, and I have an innocent question here

a) who has the burden of proof to demonstrate visitor/tourist intent and who has the burden of proof to show wrong intent?   The reason I asked is that I have seen F-1 students entering with their USC boyfriend/girlfriend and no one asks (non immigrant visa that can lead to a marriage) and for the same reason, I have friends who were single females seriously on a tour from Asia and will go home after their vacation being grilled as if they were criminals at the airport ie come to USA to get married.   The POE officer responses are not consistent.

 

 

[Unlockable 7,306]

4 hours ago, flfreddy said:

Clarifying on JFH post here... (please correct me if I am wrong)

a) getting married whilst in the US as a visitor is perfectly legal

b) giving birth whilst in the US as a visitor is perfectly legal

c) however, if the intent at point of entry is to do a or b, then that is an illegal entry strike on the alien once USCIS finds out.  Hard time doing any petition or getting benefits moving forward.   However, a) and b) is still legal.  ie. Legit marriage and child is US citizen.

 

now, many posts here mentioned intent at Point of Entry, and I have an innocent question here

a) who has the burden of proof to demonstrate visitor/tourist intent and who has the burden of proof to show wrong intent?   The reason I asked is that I have seen F-1 students entering with their USC boyfriend/girlfriend and no one asks (non immigrant visa that can lead to a marriage) and for the same reason, I have friends who were single females seriously on a tour from Asia and will go home after their vacation being grilled as if they were criminals at the airport ie come to USA to get married.   The POE officer responses are not consistent.

 

 

You were on track but you missed the mark. You missed the most important part of all of this. That is intending to Adjust Status afterwards.

 

You based your post on the understanding that "intention" is illegal. That is not true. a person can have intention to get married and a person can have intention to have a child in the US. Here is what makes it illegal.... when a person has intention to get married in the US on a visitor visa then use their presence in the US to adjust their status so that can stay living in the US.

 

Having a child in the US is legal, but hospitals can not deny a woman giving birth even if she can not pay. So if a woman gives birth in the US, she, technically, can have birth here and the child would be a citizen and the woman can skip out on the huge bill. So border agents try to weed out those who are likely to do this. Those who intend to not pay the bill or not return home. 

 

But if a person intends to get married of have a child on a visitor visa AND return home afterwards or pay the bill in full... it is 100% legal.

Edited September 17, 2019 by Unlockable

[flfreddy 92]

Thank you.  I am truly enlightened.   I see the loophole now why the passport baby is a hot topic since its being abused. 

 

For Wanni, I wish you all the best.   A baby with your hubby applying for a CR1 in Turkey appears to be a very strong petition, unfortunately you will have to wait and spend time apart.

[WANNI 0]

On 9/17/2019 at 5:34 PM, flfreddy said:

Thank you.  I am truly enlightened.   I see the loophole now why the passport baby is a hot topic since its being abused. 

 

For Wanni, I wish you all the best.   A baby with your hubby applying for a CR1 in Turkey appears to be a very strong petition, unfortunately you will have to wait and spend time apart.

Thank you so much for your wishes.