Pregnant and not wanting to be apart - assessing options

[babyonboard 0]

It's been a depressing eye-opener into visa bureaucracy but thank god for forums like these! Our situation is this:

I am a UK citizen and my wife a US citizen. We met a few years ago in Bolivia. A couple of weeks ago we got married in the UK and are planning to move to the US to give birth to a child in October. The key thing for us is to to be together for the birth and obviously to be together once our child arrives, but we have been a bit naive about the difficulties in doing this.

We are now trying to work out our options, and getting headaches trying to work it out, so here are a few questions I would appreciate any comments or thoughts on:

1. If I go in on a Visa Waiver Program (VWP) end of August and return within 3-months in November after birth, could my wife start process for K3 visa while I am still in the US?

2. If I apply for a B2 tourist or journalist visa (I could get a commission to cover the US elections), how easy is to firstly get the visa given that I have a wife in the US (yet also have documentation showing my job and home are in the UK)? What are the difficulties in applying for Adjustment of Status under a B2 or journalist visa?

3. If we were to go for Direct Consular Filing in December from the embassy in London, how difficult is it to convince US visas bureaucrats about UK residency given that we have been residents in Bolivia for the last four years and will be spending the next 6 months between here and the US?

4. Is it possible for either of us to travel (myself under the VWP) whilst we have a K3 visa in the pipeline?

5. Lastly, I was wondering whether anyone knows if there are any exceptions or faster-track systems in place in the US when separation would mean being apart not just from my partner but our new baby.

thanks everyone!

[Saddle Bronc 124]

It's been a depressing eye-opener into visa bureaucracy but thank god for forums like these! Our situation is this:

I am a UK citizen and my wife a US citizen. We met a few years ago in Bolivia. A couple of weeks ago we got married in the UK and are planning to move to the US to give birth to a child in October. The key thing for us is to to be together for the birth and obviously to be together once our child arrives, but we have been a bit naive about the difficulties in doing this.

We are now trying to work out our options, and getting headaches trying to work it out, so here are a few questions I would appreciate any comments or thoughts on:

1. If I go in on a Visa Waiver Program (VWP) end of August and return within 3-months in November after birth, could my wife start process for K3 visa while I am still in the US?

Yes, she can.

4. Is it possible for either of us to travel (myself under the VWP) whilst we have a K3 visa in the pipeline?

Yes

[pushbrk 13,076]

It's been a depressing eye-opener into visa bureaucracy but thank god for forums like these! Our situation is this:

I am a UK citizen and my wife a US citizen. We met a few years ago in Bolivia. A couple of weeks ago we got married in the UK and are planning to move to the US to give birth to a child in October. The key thing for us is to to be together for the birth and obviously to be together once our child arrives, but we have been a bit naive about the difficulties in doing this.

We are now trying to work out our options, and getting headaches trying to work it out, so here are a few questions I would appreciate any comments or thoughts on:

1. If I go in on a Visa Waiver Program (VWP) end of August and return within 3-months in November after birth, could my wife start process for K3 visa while I am still in the US?

Yes, or even before. I'd recommend the CR1 process instead though. K3 isn't work authorized.

2. If I apply for a B2 tourist or journalist visa (I could get a commission to cover the US elections), how easy is to firstly get the visa given that I have a wife in the US (yet also have documentation showing my job and home are in the UK)? What are the difficulties in applying for Adjustment of Status under a B2 or journalist visa?

The difficulty is that to use a B2 visa to circumvent US immigration law is visa fraud and could get you banned from entering the US.

3. If we were to go for Direct Consular Filing in December from the embassy in London, how difficult is it to convince US visas bureaucrats about UK residency given that we have been residents in Bolivia for the last four years and will be spending the next 6 months between here and the US?

Impossible because she will not have been residing in the UK.

4. Is it possible for either of us to travel (myself under the VWP) whilst we have a K3 visa in the pipeline?

Yes, possible but no guarantee. Lots of discussion on this, so I won't reinvent the wheel.

5. Lastly, I was wondering whether anyone knows if there are any exceptions or faster-track systems in place in the US when separation would mean being apart not just from my partner but our new baby.

Your option one is the closest thing to that. Were you not from a VWP country or Canada, you'd likely not be visiting before or during the process, so count yourself fortunate indeed.

thanks everyone!

Edited July 21, 2008 by pushbrk

[Todd-Leah 0]

3. If we were to go for Direct Consular Filing in December from the embassy in London, how difficult is it to convince US visas bureaucrats about UK residency given that we have been residents in Bolivia for the last four years and will be spending the next 6 months between here and the US?

How about doing DCF in Bolivia?

Leah

[pushbrk 13,076]

3. If we were to go for Direct Consular Filing in December from the embassy in London, how difficult is it to convince US visas bureaucrats about UK residency given that we have been residents in Bolivia for the last four years and will be spending the next 6 months between here and the US?

How about doing DCF in Bolivia?

Leah

They don't currently reside in Bolivia either.

[babyonboard 0]

Thanks, everyone, for the speedy responses. It is great to see how people in similar circumstances can help each other out, and I hope one day to give as much back as everyone else is giving right now. At the moment, it is hard to see past the frustration of an inhumane bureaucracy that separates families to make level-headed decisions that are needed. Still I will try

Pushbrk, I found this post very helpful on whether you could travel during the visa process http://www.visajourney.com/forums/index.ph...mp;#entry342725 however it does suggest that my partner applying for the 1130 whilst am in the US could be problematic.

I also wondered what take folk had on what I should say at the border if I am going in on the Visa Waiver Program. Is it best to be upfront and transparent say I am visiting my wife, and have the back-up evidence to show that I intend to return to the UK to do the full process from there? Or should I obscure the existence of an American wife and avoid raising unnecessary questions by just saying I am visiting friends in California. Any thoughts, experiences?

[Saddle Bronc 124]

Have you thought of meeting in Canada (more specifically Calgary, which has nonstops to LHR as well as to LAX and SFO)?

[pushbrk 13,076]

Thanks, everyone, for the speedy responses. It is great to see how people in similar circumstances can help each other out, and I hope one day to give as much back as everyone else is giving right now. At the moment, it is hard to see past the frustration of an inhumane bureaucracy that separates families to make level-headed decisions that are needed. Still I will try

Pushbrk, I found this post very helpful on whether you could travel during the visa process http://www.visajourney.com/forums/index.ph...mp;#entry342725 however it does suggest that my partner applying for the 1130 whilst am in the US could be problematic.

I also wondered what take folk had on what I should say at the border if I am going in on the Visa Waiver Program. Is it best to be upfront and transparent say I am visiting my wife, and have the back-up evidence to show that I intend to return to the UK to do the full process from there? Or should I obscure the existence of an American wife and avoid raising unnecessary questions by just saying I am visiting friends in California. Any thoughts, experiences?

Filing the I-130 while you're in the US is not a problem at all. Remaining to adjust status would be.

[*JG* 2]

The wait is the hardest part. We've all been there.

[Ling Ling 22]

It's been a depressing eye-opener into visa bureaucracy but thank god for forums like these! Our situation is this:

I am a UK citizen and my wife a US citizen. We met a few years ago in Bolivia. A couple of weeks ago we got married in the UK and are planning to move to the US to give birth to a child in October. The key thing for us is to to be together for the birth and obviously to be together once our child arrives, but we have been a bit naive about the difficulties in doing this.

We are now trying to work out our options, and getting headaches trying to work it out, so here are a few questions I would appreciate any comments or thoughts on:

1. If I go in on a Visa Waiver Program (VWP) end of August and return within 3-months in November after birth, could my wife start process for K3 visa while I am still in the US?

2. If I apply for a B2 tourist or journalist visa (I could get a commission to cover the US elections), how easy is to firstly get the visa given that I have a wife in the US (yet also have documentation showing my job and home are in the UK)? What are the difficulties in applying for Adjustment of Status under a B2 or journalist visa?

3. If we were to go for Direct Consular Filing in December from the embassy in London, how difficult is it to convince US visas bureaucrats about UK residency given that we have been residents in Bolivia for the last four years and will be spending the next 6 months between here and the US?

4. Is it possible for either of us to travel (myself under the VWP) whilst we have a K3 visa in the pipeline?

5. Lastly, I was wondering whether anyone knows if there are any exceptions or faster-track systems in place in the US when separation would mean being apart not just from my partner but our new baby.

thanks everyone!

First, we're in a similar situation...in that Japan is a VWP country, and we always worry about entry to US.

That said, I don't think anyone has addressed the pregnancy issue.

I believe, if you're able to prove that your wife's pregnancy without your presence AND her moving to the UK, would both be hardships,

you may be able to get some expedited processing (again...MAY).

That said, one of the most important things not to do is to create an incident of fraud (entering the US with fraudulent statements or intent).

Fraud could come to bite you in the #######, and get you banned for 10 years.

We have a friend in Ohio who had an expensive 8 year battle over an allegation of a fraudulent issue.

Sounds like you'd do well to at least consult with an immigration attorney in the US.

Best of luck

[shiri 0]

It's been a depressing eye-opener into visa bureaucracy but thank god for forums like these! Our situation is this:

I am a UK citizen and my wife a US citizen. We met a few years ago in Bolivia. A couple of weeks ago we got married in the UK and are planning to move to the US to give birth to a child in October. The key thing for us is to to be together for the birth and obviously to be together once our child arrives, but we have been a bit naive about the difficulties in doing this.

We are now trying to work out our options, and getting headaches trying to work it out, so here are a few questions I would appreciate any comments or thoughts on:

1. If I go in on a Visa Waiver Program (VWP) end of August and return within 3-months in November after birth, could my wife start process for K3 visa while I am still in the US?

2. If I apply for a B2 tourist or journalist visa (I could get a commission to cover the US elections), how easy is to firstly get the visa given that I have a wife in the US (yet also have documentation showing my job and home are in the UK)? What are the difficulties in applying for Adjustment of Status under a B2 or journalist visa?

3. If we were to go for Direct Consular Filing in December from the embassy in London, how difficult is it to convince US visas bureaucrats about UK residency given that we have been residents in Bolivia for the last four years and will be spending the next 6 months between here and the US?

4. Is it possible for either of us to travel (myself under the VWP) whilst we have a K3 visa in the pipeline?

5. Lastly, I was wondering whether anyone knows if there are any exceptions or faster-track systems in place in the US when separation would mean being apart not just from my partner but our new baby.

thanks everyone!

First, we're in a similar situation...in that Japan is a VWP country, and we always worry about entry to US.

That said, I don't think anyone has addressed the pregnancy issue.

I believe, if you're able to prove that your wife's pregnancy without your presence AND her moving to the UK, would both be hardships,

you may be able to get some expedited processing (again...MAY).

That said, one of the most important things not to do is to create an incident of fraud (entering the US with fraudulent statements or intent).

Fraud could come to bite you in the #######, and get you banned for 10 years.

We have a friend in Ohio who had an expensive 8 year battle over an allegation of a fraudulent issue.

Sounds like you'd do well to at least consult with an immigration attorney in the US.

Best of luck

I am in a similar situation as well. My husband lives in Canada. I am supposed to deliver our baby 4 weeks from today. We want my husband to come to be present at the birth. None of our petitions have been approved yet... so we will bring all of our ties and we have already bought non refundable flights, but I spoke to a supervisor at the border patrol he will be going through and was told that it is up to the guard on whether or not he could get through. I talked to them before I bought the tickets, but we are doing everything we can for him to be present here for the birth of the baby. My advice for your question is... ANSWER any questions they give you HONESTLY and do not volunteer more information than they ask for.