What if: Married during I-129F process?

[harakiro 0]

Totally hypothetical situation here but just trying to get some facts and options down.

Say for instance.

1. Apply I-129F

2. Fience visits and gets pregnant

3. Returns home for 3 - 4 months

4. Comes back to US as visitor and to have baby in US

Now in order to be under my insurance, I think she'd need to be my wife. So if we were to marry, could the I-129F continue or would we need to restart with a K3?

I know she'd have to return to her home to do the interview and I also understand the Issues of traveling while pregnant.

Thanks for your input

JLE

[Dan J 277]

Totally hypothetical situation here but just trying to get some facts and options down.

Say for instance.

1. Apply I-129F

2. Fience visits and gets pregnant

3. Returns home for 3 - 4 months

4. Comes back to US as visitor and to have baby in US

Now in order to be under my insurance, I think she'd need to be my wife. So if we were to marry, could the I-129F continue or would we need to restart with a K3?

I know she'd have to return to her home to do the interview and I also understand the Issues of traveling while pregnant.

Thanks for your input

JLE

If you marry, you need to start over.

Assuming the child is yours, you can get a passport for the child if the child happens to be born outside of the US.

[brnidokiegurl 0]

MARRIAGE CANCELS THE 129F AND AS OTHERS SAY START ALL OVER

[Dylan'sWife 2]

Totally hypothetical situation here but just trying to get some facts and options down.

Say for instance.

1. Apply I-129F

2. Fience visits and gets pregnant

3. Returns home for 3 - 4 months

4. Comes back to US as visitor and to have baby in US

Now in order to be under my insurance, I think she'd need to be my wife. So if we were to marry, could the I-129F continue or would we need to restart with a K3?

I know she'd have to return to her home to do the interview and I also understand the Issues of traveling while pregnant.

Thanks for your input

JLE

If you file for the K1 (129f) and then marry before it is granted, yes you will have to refile. Not only would she have to leave for the interview but altogether. Unless, you are suggesting that you just get married, she stays in the US and you file the I-130/AOS- but then good luck proving that there was no immigrant intent.

As for the pregnancy issue, why the need to have the baby in the US? Children born to USC have the right to US citizenship and do not need a visa to enter. You are taking gamble with the rest of your plan. There is no guarantee that your fiancee will be allowed to visit in the US to either get pregnant or have the baby.

Most insurance carriers will require a SSN or proof of residency to list her on your policy- why get stuck with a big medical bill when you don't have to.

Edited January 9, 2008 by Dylan'sWife

[~Laura and Nick~ 5]

Start all over with a K3 or CR-1 spousal visa.

She would no longer be your fiance but your wife and that voids the K1 fiance visa.

[Minya's wife 25]

Totally hypothetical situation here but just trying to get some facts and options down.

Say for instance.

1. Apply I-129F

2. Fience visits and gets pregnant

3. Returns home for 3 - 4 months

4. Comes back to US as visitor and to have baby in US

Now in order to be under my insurance, I think she'd need to be my wife. So if we were to marry, could the I-129F continue or would we need to restart with a K3?

I know she'd have to return to her home to do the interview and I also understand the Issues of traveling while pregnant.

Thanks for your input

JLE

The K-1 visa, which is what you get when your I-129F is approved and you pass the iterview is a Fiancee visa, meaning the foreign fiancee gets permission to come to the US and marry his/her US Citizen finace. Once you marry, you cannot continue the I-129F because by the virtue of the marriat it has become Null and Void. One would have to start over and procure either an immigrant visa (IR/CR-1) or the non-immigrant K-3) visa.

I don't understand why would someone want to come to the US just to give birth, far away from friends and family. A child, if it belongs to the USC is already a citizen, no mater the place of birth....it just has to be reported at the consulate abroad, and the child is a citizen because of the USC parent.

-P

Edited January 9, 2008 by Paula&Minya

[harakiro 0]

Thank you all for your quick replies that gave me the info I needed and assumed =).

Good luck to you all and with any luck will be counting days with you soon.

JLE

[~Laura and Nick~ 5]

Thank you all for your quick replies that gave me the info I needed and assumed =).

Good luck to you all and with any luck will be counting days with you soon.

JLE

Best of luck to you also!!

[Converse34 1]

As for the pregnancy issue, why the need to have the baby in the US? Children born to USC have the right to US citizenship and do not need a visa to enter.

Because they want the child to be president of the United States one day and they can't have that if the child isn't born here!

[Dan J 277]

As for the pregnancy issue, why the need to have the baby in the US? Children born to USC have the right to US citizenship and do not need a visa to enter.

Because they want the child to be president of the United States one day and they can't have that if the child isn't born here!

Actually thats incorrect. You are considered a natural born citizen if you are born to a USC parent, who has been in the us at least 5 years.

[Dylan'sWife 2]

As for the pregnancy issue, why the need to have the baby in the US? Children born to USC have the right to US citizenship and do not need a visa to enter.

Because they want the child to be president of the United States one day and they can't have that if the child isn't born here!

Actually, children born outside the US to US parents acquire US citizenship at birth. They are not considered to be naturalized citizens and are therefore eligible candidates for presidency.

As for the pregnancy issue, why the need to have the baby in the US? Children born to USC have the right to US citizenship and do not need a visa to enter.

Because they want the child to be president of the United States one day and they can't have that if the child isn't born here!

Actually thats incorrect. You are considered a natural born citizen if you are born to a USC parent, who has been in the us at least 5 years.

Ditto.

Although, I appreciate the OP's attempt at humour.

[Jesse and Hema 2]

Other posters have nailed down the fact that you will need to start the process over again to get the appropriate visa for a WIFE if you get married.

Another thing to consider is that most airlines have restrictions regarding pregnant women flying. I believe the "norm" is that they don't let women fly within 30 days of their due date, but I am not sure.

Interesting that you ask this scenario as a hypothetical. If you are planning on impregnating your fiancée, you might be best off just marrying before she even visits, and then starting a K-3 process from there..