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abrahambueno

Could my fiance obtain a B2 Visa for medical reasons if she is pregnant?

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Filed: K-1 Visa Country: Mexico
Timeline

Currently, my fiance and I are waiting for the consulate to open back up to finish her fingerprint appointment and final interview for the K1 Visa. However, while we are waiting I would love to visit her, but our concern has always been, what happens if she were to become pregnant while we are still waiting for the K1 visa? Would she be able to obtain a B2 visa for her medical appointments for her pregnancy? I know the US has tighten down on this particular subject with "birth tourism", However, that only targets individuals who are looking to obtain this visa so their child can gain US citizenship. That wouldn't apply in our case because since I am a US citizen, my child would be as well anyways. The main reason we would want to do this would be for financial reasons anyways, 

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1 minute ago, abrahambueno said:

Currently, my fiance and I are waiting for the consulate to open back up to finish her fingerprint appointment and final interview for the K1 Visa. However, while we are waiting I would love to visit her, but our concern has always been, what happens if she were to become pregnant while we are still waiting for the K1 visa? Would she be able to obtain a B2 visa for her medical appointments for her pregnancy? I know the US has tighten down on this particular subject with "birth tourism", However, that only targets individuals who are looking to obtain this visa so their child can gain US citizenship. That wouldn't apply in our case because since I am a US citizen, my child would be as well anyways. The main reason we would want to do this would be for financial reasons anyways, 

No, pregnancy is not a reason allowed for an expedites.  You aren't married either so the two households financial claim isn't much of a reason either.

 

If she is just waiting for biometrics then she is pretty close.


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If she wants a B2 visa for medical reasons, she should have the following information:

-Medical diagnosis from a local physician, explaining the nature of the ailment and the reason you need treatment in the United States.

-Letter from a physician or medical facility in the United States, stating they are willing to treat your specific ailment and detailing the projected length and cost of treatment (including doctors’ fees, hospitalization fees, and all medical-related expenses).

-Proof that your transportation, medical, and living expenses in the United States will be paid. This may be in the form of bank or other statements of income/savings or certified copies of income tax returns (either yours or the person or organization paying for your treatment).

 

For the birth tourism angle, I would also have something notarized from you to say that you would sign the necessary forms for your child to become a citizen at birth - because it is not automatic for a birth abroad when the USC father is not married to the mother.

Edited by SusieQQQ

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Filed: Citizen (pnd) Country: Taiwan
Timeline
14 minutes ago, abrahambueno said:

Currently, my fiance and I are waiting for the consulate to open back up to finish her fingerprint appointment and final interview for the K1 Visa. However, while we are waiting I would love to visit her, but our concern has always been, what happens if she were to become pregnant while we are still waiting for the K1 visa? Would she be able to obtain a B2 visa for her medical appointments for her pregnancy? I know the US has tighten down on this particular subject with "birth tourism", However, that only targets individuals who are looking to obtain this visa so their child can gain US citizenship. That wouldn't apply in our case because since I am a US citizen, my child would be as well anyways. The main reason we would want to do this would be for financial reasons anyways, 

Anyone who applies for a B2 visa is already presumed, by law, to have intent to stay in the US and adjust status.  I think your fiance, under these circumstances, would have an incredibly high obstacle to overcome in that regard.......


May     10, 2017: CR-1 Issued in Taipei, Taiwan

June    23, 2017: POE Dallas, Texas

March 28, 2019: I-751 filed.  "Case ready for interview"....still waiting.

August 7, 2022: N-400 Filed Online 😁

August 7, 2022: N-400 Receipt Notice

August 7, 2022: Received "Reuse Biometrics" Notice

August 7, 2022: Uploaded request for combo interview

November 10, 2022: N-400 Interview is scheduled (Dec 14, 2022)

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Is she unable to obtain medical care for birth in Mexico? If so (I'm assuming that's the case as people are being born there today still), a medical-based reason to visit doesn't apply.

If there were to be some sort of complication requiring testing, treatment, or monitoring in the US, then that may change. But pregnancy alone is a very common medical condition that every country deals with.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Citizen (apr) Country: Canada
Timeline
5 hours ago, geowrian said:

But pregnancy alone is a very common medical condition that every country deals with.

It's very common indeed but a pregnancy is not a medical condition. :)

 

OP, you're probably better off with medical care OUTSIDE the US nowadays.

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Filed: Citizen (pnd) Country: Taiwan
Timeline
8 hours ago, Mounat02 said:

It's very common indeed but a pregnancy is not a medical condition. :)

 

OP, you're probably better off with medical care OUTSIDE the US nowadays.

I, a former Labor & Delivery Nurse say otherwise........

Edited by Lucky Cat

May     10, 2017: CR-1 Issued in Taipei, Taiwan

June    23, 2017: POE Dallas, Texas

March 28, 2019: I-751 filed.  "Case ready for interview"....still waiting.

August 7, 2022: N-400 Filed Online 😁

August 7, 2022: N-400 Receipt Notice

August 7, 2022: Received "Reuse Biometrics" Notice

August 7, 2022: Uploaded request for combo interview

November 10, 2022: N-400 Interview is scheduled (Dec 14, 2022)

______________________________________

20 years, US Air Force- Retired

Registered Nurse- Retired

IT Professional- Retired

Student of US Immigration- Never Ending

 

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Filed: Citizen (apr) Country: Haiti
Timeline

It is highly unlikely she will be granted a B2 visa as she has already shown immigrant intent with a pending k1. Also- the embassy isn’t granting k1s at this time please don’t think they are granting B2s.
 

Its also REALLY easy for her to not get pregnant at this time.

 

Just a heads up since you want to get pregnant right away make sure you have a plan for her health insurance right after you get married. This not only is needed for prenatal care but required for adjustment of status.


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Filed: K-1 Visa Country: Mexico
Timeline

Thank you, everyone, for your input and your help! I got mixed up with my thought process because I am currently in the U.S. Air Force, so initially I thought if she was here than all her medical expenses would be covered. However, I forgot that she has to be my spouse in order to have her expenses fully covered. 

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Filed: IR-1/CR-1 Visa Country: Nepal
Timeline
1 hour ago, abrahambueno said:

Thank you, everyone, for your input and your help! I got mixed up with my thought process because I am currently in the U.S. Air Force, so initially I thought if she was here than all her medical expenses would be covered. However, I forgot that she has to be my spouse in order to have her expenses fully covered. 

Glad you realized this in time. Also, she has immigrant intent so B2 visa is a long shot. 

Best would be get married which will allow you to do CRBA so that the kid will be US citizen by birth (if that was the intention)

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6 minutes ago, Gorkhali said:

Best would be get married which will allow you to do CRBA so that the kid will be US citizen by birth (if that was the intention)

CRBA does not require marriage.

The CO may or may not want to see evidence of a relationship or being in the area in the general timeframe of likely conception, or even a DNA test. Although this is unlikely if they are in a current relationship and the USC is listed on the birth certificate.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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30 minutes ago, geowrian said:

CRBA does not require marriage.

The CO may or may not want to see evidence of a relationship or being in the area in the general timeframe of likely conception, or even a DNA test. Although this is unlikely if they are in a current relationship and the USC is listed on the birth certificate.

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/Acquisition-US-Citizenship-Child-Born-Abroad.html

A person born abroad out-of-wedlock on or after November 14, 1986 to a U.S. citizen father and an alien mother may acquire U.S. citizenship under 301(g) of the INA, as made applicable by the “new” Section 309(a) of the INA, if:

  1. A blood relationship between the person and the father is established by clear and convincing evidence.
  2. The father was a U.S. citizen at the time of the person’s birth;
  3. The father (unless deceased) has agreed in writing to provide financial support for the person until he or she reaches the age of 18 years; and
  4. While the person is under the age of 18 years:
    • the person is legitimated under the law of his/her residence or domicile, or
    • the father acknowledges paternity of the person in writing under oath, or
    • the paternity of the person is established by adjudication of a competent court.

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