Fiancee is Pregnant and lives in Chile

[VG4K 0]

My girlfriend returned to her country, Chile, 3 weeks ago. Little did we know that she is 12 weeks pregnant. She came here to California with a J-1 Visa and lived with me from December 2008 to April 2009. This would be the second time she has been in the US with a J-1 Visa. We have a problem though, she is due on December 2nd. We want to get married. We feel stressed out because we want the baby to be borne in the US after we get married so she and the baby can legally live here in the states and be citizens in the future. We are planning to travel to Puerto Rico, which is an official territory of the USA, and get married over there this summer.

I've read the process of getting a K-1/Fiancee Visa can take up to 8 months or even more. Obviously, we don't have that amount of time. We already have good information from official sources, an agency that will take care of filing all the paper work, that the Tourist Visa will be approved by June 30th if we start the process ASAP. I am in the military and we are getting ready to deploy to Afghanistan sometime in the spring of 2010, possibly February. This is why we opted for this type of Visa. From what I read on this forum, getting married under a tourist visa is fine as long as the status is changed and the foreigner returns back to his/her country of origin. After this I'd need to file for a K-3 Visa to get her and my daughter back in the US. Please give me more advice, it will be highly appreciated.

Edited May 28, 2009 by VG4K

[Anh map 2,098]

Your child (congrats on the news) does not need to be born in the US to be a citizen. If born outside the US you would just file Consular Report of Birth Abroad.

Your wife giving birth here does not make a difference regarding her becoming a citizen after becoming a Legal Permanent Resident.

You don't need to be married in the US for a K3 visa.

As active duty military you may be able to get expedited K visa. Wouldn't your official source know this? See here -->> http://www.uscis.gov/files/article/faqmili...iliesupdate.pdf

[reeses16 8]

I've read the process of getting a K-1/Fiancee Visa can take up to 8 months or even more. Obviously, we don't have that amount of time. We already have good information from official sources, an agency that will take care of filing all the paper work, that the Tourist Visa will be approved by June 30th if we start the process ASAP. I am in the military and we are getting ready to deploy to Afghanistan sometime in the spring of 2010, possibly February. This is why we opted for this type of Visa. From what I read on this forum, getting married under a tourist visa is fine as long as the status is changed and the foreigner returns back to his/her country of origin. After this I'd need to file for a K-3 Visa to get her and my daughter back in the US. Please give me more advice, it will be highly appreciated.

Correction, she can not get married in the US, change status, then return to Chile. She can get married in the US, and then return to Chile.

You may have just made a typo, but I just wanted to clarify. Best of luck.

Edited May 28, 2009 by reeses16

[VG4K 0]

Great! This is good information, thanks! Some more questions...

After I marry my pregnant fiancee, and she goes back to Chile, can we immediately start the process of a Spousal K3 Visa or do we need to wait for the baby to be borne to start this process?

[Penguin_ie 5,993]

You can start the process immediately; the baby will be a US citizen at birth, so is irrelevant to the process.

[Anh map 2,098]

The K3 only requires you to be married. Do some more reading in the Guides section. Better to go for the CR1 than K3. It is less expensive (fewer fees) and she would have her green card when she arrives rather than going through Adjustment of Status.

The visitor visa is no slam dunk. Every applicant is considered to have immigrant intent. A pregnant woman wanting to visit her fiance in the US may have more of a challenge obtaining a visa. She has to show strong ties to her home country to obtain the visa. Just double check with the agency that is helping you. Don't want to see your plans derailed.

[milimelo 4,481]

Great! This is good information, thanks! Some more questions...

After I marry my pregnant fiancee, and she goes back to Chile, can we immediately start the process of a Spousal K3 Visa or do we need to wait for the baby to be borne to start this process?

Don't do K3- do the CR-1 - cheaper and gets her the GC as soon as she enters the country.

[VG4K 0]

Wow, I appreaciate all your help. Thank you so much. We will double check everything. Thanks!!

[Cuchita 1]

Hi there! good luck!. My husband is from Chile and we have a little girl, beautiful contry!.

Take care and have tons of patience (you will need it).

XOXO,

[VG4K 0]

We got married , she went back to Chile today, very sad moment for us. Also, the tourist visa she now has was approved for 10 years!

Now we are starting the K-3 process.

[Penguin_ie 5,993]

Congrats!

Go for the CR-1, it is better than the K3 and will save you money.

[VG4K 0]

Thank you!! Yes, I've read the benefits of the CR-1 but I also read on here that it takes longer than the K3

My unit is deploying to Afghanistan next year between Feb-Mar and it would be bad If I had to go and have this process interrupted.

I'm afraid of that.

Edited August 2, 2009 by VG4K

[Penguin_ie 5,993]

In most countries, the K3 is not just as fast (or rather, slow...) than the CR-1. At the most, we are talking a months difference. As you are deploying, you ahve a real good chance at a military expedite for your visa, JAG should be able to help with that.

[canadian_wife 1,822]

In many cases the K-3 has slowed applications down and the benefits are currently marginal. Check into a military expedite, that will be your best route at this moment

Good luck.

[Kathryn41 3,205]

Go for the CR-1. There is currently about 1 months difference in time in processing but the requirements afterwards are significant. With a CR-1 she enters the US with her green card, can get a SSN and is allowed to work and travel right away. With the K-3, she enters and is not allowed to work, has to apply for an Employment Authorization Document (a 3 month wait usually) in order to get a SSN and a Driver's License (most require SSNs now), then you need to file to adjust her status from non-immigrant to immigrant which is a lot of paperwork, $1010 fee and often requires an interview that the two of you both attend. This can take anywhere from a few months to 2 years. You avoid all of that with the CR-1 and it is averaging about 1 months difference in processing time for most places right now. As you are in the military and have a planned deployment you are eligible for expedited processing of your application so it may even go faster than that. You honestly don't want your wife and child alone in a new country with you overseas and not being able to do many of the basics that we take for granted because she doesn't have the necessary immigration paperwork at the right stage of processing. Good luck to you.