Sasuke

Hi my name is Chris,

My girlfriend of 2 years visited me from Chile on VWP on August 6, 2014 and her returned flight is October 30, 2014. This was her first time visiting me (I visited her in Chile about a year ago) her arrival went really smooth at POE. She was asked why staying almost 90 days she respond visiting boyfriend and taking advantage of trip since is not cheap and very long flight. She had proof of ties to country but none were needed, they quickly let her in after telling them she was here to visit boyfriend.

Fast-forward: October 8, 2014. We found out at a clinic she's 6 weeks pregnant! They gave us some paperwork which states she's pregnant and her expecting date is on June 3, 2015. Now i've read online and from what I have found out I have different options (Fiancee Visa, Spouse Visa, Adjustment of Status) I want to do things right and would appreciate any advice, opinion or just simply share your similar experience! Her return flight is in less then 3 weeks so I need to act quickly! I wish my baby to be born here in USA i'm a US Citizen born in Los Angeles, CA. Would also love to be next to her during this process and do prenatal care here in USA. Please any advice or opinion is deeply appreciated, as you can imagine im nervous this will be my first time becoming a dad!

Questions:

1: I'm aware as a VWP you can't overstay your visit or AOS. But does this situation changes anything?

2: If I file K-1 (Fiancee Visa) and she returns home would they allow her back in as VWP for Prenatal Care or to have baby while we wait on K-1?

3: What would you advice (Fiancee Visa or Spouse Visa)?

4: What are her chances of entering USA as a pregnant woman under VWP?

5: I'm aware on K-1 Visa she can't get Government help (Medicaid ect) does this mean if our baby is born in USA I will have to cover everything? I want to cover as much as I can but I read online average delivery is $30,000 which is out of my reach.

6: If we get married and I file for her AOS will this be consider a fraud because of entering as VWP? We had no intention to married but as you can imagine I want our baby to be born and have both parents living together.

PS: Thank You everyone for your time and help! From the bottom of my heart im deeply grateful. I apologize for so many questions, I'm just so nervous with this situation and want to do things right and I have less then 3 weeks before her returned flight.

Quick Update: Everything went really smooth! She brought proof of ties to her country but immigration officer didn't ask for any. She was just asked why staying almost 90 days and she said she was taking advantage of trip since is long flight and not cheap, and was here to visit her boyfriend. Took only a few minutes, her POE was Dallas/Forth Worth International Airport. Thank You all for your advices and help!

Thanks everyone! Amazing community here, I'm really glad to hear positive things so far but will be ready for the worst. Her trip is on August 6th so I will post an update when the time comes and maybe someone in similar situation can benefit from this post. I will have her arrange anything that shows ties to her country (the more the better just incase) and do you guys think is a good idea of sending her an invitation letter? Stating i'm her boyfriend and i'm inviting her to stay with me and my information and a copy of my lease? Also I read somewhere else you can send a financial support letter saying you make yourself responsible for her financial needs, she will bring her own money but seeing as is a 3 month stay don't know how much is sufficient for POE.

Thank You A&B!,

I read the pinned thread "Yes you can visit" but main question was can fiancee visit while K-1 is pending and is currently not my case. Also people give there fair share of experience most say "visiting friend" and as I stated above I also don't want her to lie and risk her entrance, specially considering she will be staying 85 days so Hotel is out of the question. She will be staying with me, and assuming she say's "visiting friend" and get's screened for 2-3hrs and they find out she's coming to visit boyfriend that can have her sent back or reduce her 3 months. Without K-1, and just under VWP is it "legal" to visit her boyfriend? In your personal opinion does she has a higher chance of entrance and staying 3 months if I file her K-1 and send her NOA1 before she arrives?

Hello All,

My name is Chris I would be very thankful for your opinions or experience regarding this topic. I know it has been asked before but usually they have come to USA in the past. In my case it's a little different. My girlfriend is from Chile and they recently got added to the VWP, I known her almost 2 years I went to visit her for a month in Chile (I was born in California) about a year ago. I know K-1 is an option and me and her have discussed it, and I had plan on going back to Chile to see her for a month. But after seeing Chile being added to VWP I wanted her to come here and visit me for the 3 months. I bought her a plane ticket for 85 days which includes her return ticket. My concern is will there be any problem when she arrives in the USA and say's "I'm visiting my boyfriend" it will be her first time in the US. I've read a lot of people saying the work boyfriend/girlfriend raises automatically red flag but I don't want her to lie.

Will you be so kind share your opinion or your experience or any advice please, will it be better to file for K-1 and have her say "I'm visiting my fiancee while our K-1 is processing"? I can send her a copy of the NOA1 and a letter of invitation if it helps. Or do you think she will be fine just coming under VWP? She has ties to her country and I can provide an invitation letter, copy of my lease and what not if needed. She has no intentions of staying or working or getting married here. I simply can't wait to see her its been a little over a year and we really want to spend time together. I just want to take the "best" and legal route so she won't be denied entry.

Thanks,

Chris