Getting Married in Peru and Wife is Pregnant

[vic23 0]

Hi Everyone!

Well I am new at this, still looking for answers as I am very lost in the entire immigration processes.

I am a US Citizen, born and raised in the US. I am 24 years old and met my soon to be wife 8 years ago and in the next couple of months we plan to get married here in Lima, Peru. My fiance is Peruvian and is also pregnant

So a couple of questions...

As we plan to get married in Peru around Jan-Feb, does this automatically qualify her for a visa to the US or not?

How do I apply for her to get her visa to the US? What if we want to live in Peru? What if we want to live in the US? I would also like to get married under the US law as well but for this she need to be able to travel to the US. I'm kinda lost as to what I have to do here.

When my child is born will he/she get US citizenship? We will be married by the time our child is born.

Thanks to everyone who is able to help me out on this, I am not good with laws and regulations, just want to get married and enjoy my life and have all this immigration stuff over with. Thanks!!!!

[Darnell 8,478]

lets see - a path...

I-130 petition , file after you marry.

If you are 'resident' in Peru for 6 months or more, then you can file via Direct Consular Filing IN PERU, otherwise you can either wait for that 6 month time tick (of living there, not of marriage) and file DCF, or file the I-130 to the lockbox in Chicago.

The child can get US Citizenship if you file a Consulate Record of Birth Abroad (CBRA ) at the Embassy in Peru.

Marriage is International - once you are married, yer married. The marriage in Peru is recognized by US Federal Law, when you file for yer wife's immigration paperwork. (Not sure if I said that right )

Doesn't matter where, really. Once is Once, ya?

But - if you want to have a 2nd ceremony in USA for your parents and friends, by all means - do so it's fun !

There's some Guides Here - Train yer eyes UP, click on 'Guides' - find the I-130 / CR-1 set, read it.

Also - Click on 'Peru' above the flag in yer post -

and read about the embassy info - you'll need to learn how to submit a I-130 to the Embassy in Peru.

a DCF'd I-130 is usually pretty fast - expect 4 to 6 months for turnaround time - filing to interview day.

[canadian_wife 1,808]

Welcome to VJ. Congrats on your new baby and for finding VJ

Sadly, simply marrying a US Citizen does not give your fiance any entitlement to a visa. You'll have to petition for an immigrant visa for her. And no, the pregnancy has no impact on yoru petition.

The child can get citizenship as long as you have met the residency requirements.

Once you are married, you can file the I-130 for her. If you have been a legal resident of Peru for 6 months then you can file Direct Consulare Filing, if you are simply in Peru as a tourist, you cannot do this. Follow the guides for help on this but stay away from the K-3

Once you are married in Peru you are married under US law, no need for a 2nd ceremony.

Good luck

[DG2010 0]

Well, I an 30 and have been in Peru for 4 years now. We had a baby boy in June. Here is what I can say. From 3 different attorneys, two say get married in the USA after the baby is born. Thats what we're gonna do. We could have gotten married in Peru before the baby, but we decided to get our Sons natural Citizen Papers from the embassy, then start the I-129F process.

I am new to the I-129F, so this is why i had turned to this forum. From what I can see, from the day you mail your I-129F, she will be in the USA within 8 months. Not too bad.

While she is waiting for her visa, I am taking my son to the USA for 2 weeks to visit his American Grandparents for the first time, then returning to peru with my son, and flying back to the USA to start the waiting game. I will stay in the usa until I have my NOA2, then come back to peru and wait out the remaining 4-5 months for her embassy interview.