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marcphx

Pregnant Wife EWI and K-3 Visa

By marcphx in K-3 Spouse Visa Process & Procedures

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marcphx Newbie

marcphx   0

Posted
Filed: K-3 Visa Country: Mexico
 Timeline
Posted

Hello, information about my case. My wife entered without inspection 5 months ago during this time we found out she was expecting our 1st child. She has no prior history of being in the country. No legal records other than monthly prenatal visits to her OBYN.

Our baby is due on July-09. I don't know what to do about her status. I don't know if I should send her back to Mexico to have the baby there to prevent any legal documents showing her illegal stay in the US.

I'm currently in the process of completing my citizenship and would like to bring her back legally after the petition is approved. I'm losing sleep over this. On the one hand I would like her to have the best medical care possible in the USA, and have the baby here, and on the other hand I worry about her illegal status.

Should she go back to Mexico and have the baby there? Please advise, I need all the help I can get.

Boiler Grand Master

Boiler   46,322

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

What is the relevance of legal documents?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

pushbrk Grand Master

pushbrk   13,207

Posted
Filed: Other Country: China
 Timeline
Posted
Hello, information about my case. My wife entered without inspection 5 months ago during this time we found out she was expecting our 1st child. She has no prior history of being in the country. No legal records other than monthly prenatal visits to her OBYN.

Our baby is due on July-09. I don't know what to do about her status. I don't know if I should send her back to Mexico to have the baby there to prevent any legal documents showing her illegal stay in the US.

I'm currently in the process of completing my citizenship and would like to bring her back legally after the petition is approved. I'm losing sleep over this. On the one hand I would like her to have the best medical care possible in the USA, and have the baby here, and on the other hand I worry about her illegal status.

Should she go back to Mexico and have the baby there? Please advise, I need all the help I can get.

I'm afraid it's against the terms of service on this board to assist in illegal activity. Your wife is in the USA illegally, whether there's documentation or not and there's quite a bit more to pregnancy than "finding out" one is expecting a child. Your concerns are understandable but so is the law.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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M_n_M Enthusiast

M_n_M   1

Posted
Filed: IR-1/CR-1 Visa Country: Iran
 Timeline
Posted

I definitely think it's better that she return and then you file legally. If they find out she is in the country illegally, you will have problems later for sure. Once you get your citizenship, the child, no matter where he/she is born, will be a US citizen. Your wife will have to file and if there is no record of her being illegal, you should have no problem getting her here soon. In the meantime you can visit here while she's back in Mexico, in order to maintain proof of an ongoing relationship. Don't worry, she will be cared for there as well!!

Hope this helped.

Event Date

Service Center : California Service Center

Consulate : United Arab Emirates

Marriage : 2008-07-12

I-130 Sent : 2008-09-27

I-130 NOA1 : 2008-10-02

I-130 Approved : 2009-01-20

NVC Received : 2009-01-25

Received DS-3032 / I-864 Bill : 2009-02-01

Pay I-864 Bill : 2009-02-03

Receive I-864 Package : 2009-02-04

Return Completed I-864 : 2009-02-27

Return Completed DS-3032 : 2009-02-05

Receive IV Bill : 2009-02-19

Pay IV Bill : 2009-02-25

Case Completed at NVC : 2009-03-17

Packet 4 Received : 2009-03-24

Interview Date : 2009-05-19!!!!!!!!!!! Pray for a quick approval and no AP!!!

Visa in Hand: 2009-05-20!!! Thank you god! Now I wish he would just come to the US sooner... miss him...grrr.

Point of Entry: Chicago O'Hare Airport October , 16th 2009!!!

M_n_M Enthusiast

M_n_M   1

Posted
Filed: IR-1/CR-1 Visa Country: Iran
 Timeline
Posted

Also, if she has been seeing a doctor in the US, it's possible that she is already discovered to be in the country illegally. Your best bet would be to contact a good lawyer.

Event Date

Service Center : California Service Center

Consulate : United Arab Emirates

Marriage : 2008-07-12

I-130 Sent : 2008-09-27

I-130 NOA1 : 2008-10-02

I-130 Approved : 2009-01-20

NVC Received : 2009-01-25

Received DS-3032 / I-864 Bill : 2009-02-01

Pay I-864 Bill : 2009-02-03

Receive I-864 Package : 2009-02-04

Return Completed I-864 : 2009-02-27

Return Completed DS-3032 : 2009-02-05

Receive IV Bill : 2009-02-19

Pay IV Bill : 2009-02-25

Case Completed at NVC : 2009-03-17

Packet 4 Received : 2009-03-24

Interview Date : 2009-05-19!!!!!!!!!!! Pray for a quick approval and no AP!!!

Visa in Hand: 2009-05-20!!! Thank you god! Now I wish he would just come to the US sooner... miss him...grrr.

Point of Entry: Chicago O'Hare Airport October , 16th 2009!!!

john_and_marlene Mentor

john_and_marlene   162

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

How did you answer 22e on the N-400?????

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

lucyrich Proficient

lucyrich   20

Posted
Filed: IR-1/CR-1 Visa Country: Venezuela
 Timeline
Posted

I assume you're already aware that, if she entered without inspection, there is no way under current law for her to become legal without leaving the US, getting a visa, and returning using the visa. She can't adjust status while remaining in the US.

If she leaves before accumulating 180 days of illegal presence, then there is no penalty for her EWI or illegal presence.

If she leaves after accumulating 180 days but before accumulating one year of presence, there's a three year bar.

If she leaves after accumulating one year of illegal presence, there's a ten year bar.

A waiver is available for the 3/10 year bar, but approval is slow, not at all guaranteed, and will involve spending a lot of time outside the US waiting for approval. She'd have to apply for a visa, have her application denied, and then file for the waiver and wait for its approval. See the "waivers" forum for details.

If she entered five months ago, it sounds like she still has the opportunity to avoid the waiver process entirely.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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