Does pregnancy justify an expedite at the NVC

[Athea 12]

Hi Everyone, I just wanted to know if I could expedite my case at NVC because I just found out that I’m pregnant. I’ve been documentarily complete since Oct 2020. I am a principal applicant. The other reason is that im afraid that i cant bring my baby with me once the embassy issued a interview letter next year. Thank you so much. P.S additional question the father of my baby is a USC is there a good chance that my baby can acquire the citizenship of the father out of wedlock? 

[aaron2020 11,651]

Hi,

 

Read this pinned thread.  Pregnancy is not a valid reason for an expedite.  https://www.visajourney.com/forums/topic/671722-no-pregnancy-is-not-grounds-to-expedite-your-process/

 

If the USC father has lived in the US for at least 5 years, then your baby will be a US citizen regardless of whether you're married or not.

Who filed for you?

Edited October 20, 2021 by aaron2020

[SteveInBostonI130 3,319]

Pregnancy is usually not a reason for expedite.

 

What visa category is this?  If you've been DQ'd since Oct 2020, then the expedite request should be sent to the embassy.  NVC is just holding on to your case until the embassy instructs them to schedule you.

 

Typically children born overseas to a USC parent is a US Citizen, with some qualifications (of the USC). The USC parent needs to complete the CRBA for the child.

[Athea 12]

6 minutes ago, SteveInBostonI130 said:

Pregnancy is usually not a reason for expedite.

 

What visa category is this?  If you've been DQ'd since Oct 2020, then the expedite request should be sent to the embassy.  NVC is just holding on to your case until the embassy instructs them to schedule you.

 

Typically children born overseas to a USC parent is a US Citizen, with some qualifications (of the USC). The USC parent needs to complete the CRBA for the child.

My category is F11 unmarried sons and daughters of a USC. Can CRBA apply for the baby because i am not married. I think that is only applicable for married couples. Oh ok I didn’t know that we can also send the expedite request to US embassy. Thank you for this because last time we sent expedite request via NVC. 

[SteveInBostonI130 3,319]

4 minutes ago, Athea said:

 Can CRBA apply for the baby because i am not married. I think that is only applicable for married couples. 

CRBA applies when at least one parent is a USC regardless of marital status.

 

There is a little more involved, including using a different form.  

 

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

 

[Athea 12]

15 minutes ago, aaron2020 said:

Hi,

 

Read this pinned thread.  Pregnancy is not a valid reason for an expedite.  https://www.visajourney.com/forums/topic/671722-no-pregnancy-is-not-grounds-to-expedite-your-process/

 

If the USC father has lived in the US for at least 5 years, then your baby will be a US citizen regardless of whether you're married or not.

Who filed for you?

Thanks for sharing the thread. my mother filed for me and I am just now waiting for the interview letter from the embassy. I am now in the United States and I’m going back to the Philippines by end of January. I am also thinking if the embassy will approve my tourist extension because I am pregnant. 

[SusieQQQ 11,584]

17 minutes ago, Athea said:

Thanks for sharing the thread. my mother filed for me and I am just now waiting for the interview letter from the embassy. I am now in the United States and I’m going back to the Philippines by end of January. I am also thinking if the embassy will approve my tourist extension because I am pregnant. 

What’s the priority date of the F1 petition? That also needs to be current before you  can interview.

 

No, pregnancy is not a reason for a “tourist extension” (what do you mean by that anyway? A renewal of your B visa? Or staying longer in the US on your existing trip?)

[Athea 12]

Just now, SusieQQQ said:

What’s the priority date of the F1 petition? That also needs to be current before you  can interview.

 

No, pregnancy is not a reason for a “tourist extension” (what do you mean by that anyway? A renewal of your B visa? Or staying longer in the US on your existing trip?)

Priority date Nov 2010 - Doc complete since October 2020. Staying longer in the US on existing trip because the father of my unborn child wants me to give birth here in the US instead in the Philippines. Thanks

[Athea 12]

27 minutes ago, SteveInBostonI130 said:

CRBA applies when at least one parent is a USC regardless of marital status.

 

There is a little more involved, including using a different form.  

 

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

 

What if the father is here in the US does it mean he needs to travel to the Philippines just to sign the form infront of a consulate officer?

[aaron2020 11,651]

33 minutes ago, Athea said:

Thanks for sharing the thread. my mother filed for me and I am just now waiting for the interview letter from the embassy. I am now in the United States and I’m going back to the Philippines by end of January. I am also thinking if the embassy will approve my tourist extension because I am pregnant. 

Pregnancy is not a reason for a tourist extension.  Pregnancy is not a tourism activity.  

Is the USC father willing to marry you?

If the USC father is willing to marry you, you can stay and adjust status for a green card based on marriage to a US citizen.

Edited October 20, 2021 by aaron2020

[SusieQQQ 11,584]

30 minutes ago, Athea said:

Priority date Nov 2010 - Doc complete since October 2020. Staying longer in the US on existing trip because the father of my unborn child wants me to give birth here in the US instead in the Philippines. Thanks

And you were only DQ late last year?. I guess there were Covid delays in the process. Anyway, that date is current (and has been for over a year), so it does also mean that if you don’t need to go home any time soon and don’t  need to work anytime soon, you can consider adjustment of status in the US. There are pros and cons to that depending on your personal circumstances. 
 

21 minutes ago, aaron2020 said:

Is the USC father willing to marry you?

If the USC father is willing to marry you, you can stay and adjust status for a green card based on marriage to a US citizen.

Her PD is current, she can adjust on the F1, no need to get married for a green card. (F1 adjustment would he preferable to marriage for her too, no conditional green card/ROC involved.)

 

 

Edited October 20, 2021 by SusieQQQ

[aaron2020 11,651]

5 minutes ago, SusieQQQ said:

And you were only DQ late last year?. Anyway, that does also mean that if you don’t need to go home any time soon and don’t  need to work anytime soon, you can consider adjustment of status in the US. There are pros and cons to that depending on your personal circumstances. 
 

Her PD is current, she can adjust on the F1, no need to get married for a green card.

Here's the wee problem with that idea.  Immigrant intent is not considered when adjusting status based on marriage to a USC citizen since that is an Immediate Relative case.  Immigrant intent is considered when a person adjust status based on an F1 family based petition since the single adult child is not considered an Immediate Relative.

 

If she wants to adjust and stay, it's better to marry the USC and adjust status based on that marriage.  Personally, I would go this route and deal with ROC if staying in the US is important.  

[Athea 12]

6 minutes ago, SusieQQQ said:

And you were only DQ late last year?. Anyway, that does also mean that if you don’t need to go home any time soon and don’t  need to work anytime soon, you can consider adjustment of status in the US. There are pros and cons to that depending on your personal circumstances. 
 

Her PD is current, she can adjust on the F1, no need to get married for a green card.

wow really? How to adjust a status while in the US the pros and cons too. 

[SusieQQQ 11,584]

9 minutes ago, aaron2020 said:

Here's the wee problem with that idea.  Immigrant intent is not considered when adjusting status based on marriage to a USC citizen since that is an Immediate Relative case.  Immigrant intent is considered when a person adjust status based on an F1 family based petition since the single adult child is not considered an Immediate Relative.

 

If she wants to adjust and stay, it's better to marry the USC and adjust status based on that marriage.  Personally, I would go this route and deal with ROC if staying in the US is important.  

I am going to disagree here, quite strongly in fact. As is always said here, intent is determined at entry, not retroactively. That holds regardless type of petition. Second, it is very clear from the discussion here that that was not the intent, as OP does not even seem to have realized it’s an option. Why should she go rush a marriage then a million hoops to jump through, from proof of bona fide marriage and then for RoC, vs a straightforward F1?  Not a contest at all in my opinion.  Especially as I am aware of a number of F2A spouses who have entered on tourist visas and adjusted with zero problem and zero questions about immigrant intent. In all my time on VJ I can recall seeing exactly one person denied for immigrant intent on entry, and that was actually a spouse of a USC, and the issue seemed to have been misrepresentation rather than immigration intent itself in fact if I recall correctly.

Edited October 20, 2021 by SusieQQQ

[SusieQQQ 11,584]

7 minutes ago, Athea said:

wow really? How to adjust a status while in the US the pros and cons too. 

There is a forum here on adjustment which better deals with it. The main con is you cannot travel out the US without AP and you cannot work until you get a work permit, these could take 8 months or more to get, and possibly a year or more to get the actual green card.