pregnant finace trying to immigrate

[Brian&Lia 0]

Hello,

I have a friend who is going through this situation...please advise. I have run out of options.

Situation:

US citizen working in Saudi with Czech fiance pregnant. They want birth of baby to occur in the USA. They will be traveling to the USA in April to get married however the birth of the baby isn't until September.

What are ramifications of getting married in April and returning to Saudi Arabia until September?

Anyone have any ideas how to immigrate wife and baby with least amount of difficulty?

I have informed of possible 10 yr ban from USA if trying to circumvent system.

Thank you

[Justine+David 218]

I think she'll have a lot of trouble getting in the U.S. while she's very visibly pregnant. How will they be paying for the birth? Will the insurance cover an alien spouse? Is there a particular reason why they want to have the birth in the U.S.? The child will be a US citizen even if he/she is born overseas.

If they get married, they should file for a CR-1 marriage visa (K3 visa is considered obsolete).

What do you mean when you say, "I've run out of options"? Is this you that you're talking about?

Edited January 23, 2010 by Justine+David

[Brian&Lia 0]

Cost looks like it will be out-of-pocket in Czech Republic.

We thought baby had to be born in USA to eliminate additional paperwork for immigration. So, since they will be married in USA in April and baby will be born in any other country baby is still US citizen?

Is CR-1 filing just the I-130?

No...not me...I am currently married to brazilian. My kids from previous marriage all married...been through the baby days...no more.

[canadian_wife 1,822]

If they are both living in Saudi then the USC should be able to direct consular file after the the marriage. US citizenship is only granted to the child of a USC if residency requirements have been met prior to the birth of the child.

Again, if she is pregnant, she may have trouble entering the US. If they do want to marry in April, I suggest the fiance have STRONG STRONG STRONG ties to Saudi (to prove that a pregnant woman will return before her visa expires). THey are able to marry in April but I suggest having the appropriate visa for her to enter in September if they want to have the child in the US and stay.

Oh - and it's not a 10 year ban for violating immigrations laws. It is lifetime ban for the foreign partner and, in the worst cases, prison time for the US citizen

Good luck.

[JimVaPhuong 4,863]

Hello,

I have a friend who is going through this situation...please advise. I have run out of options.

Situation:

US citizen working in Saudi with Czech fiance pregnant. They want birth of baby to occur in the USA. They will be traveling to the USA in April to get married however the birth of the baby isn't until September.

What are ramifications of getting married in April and returning to Saudi Arabia until September?

Anyone have any ideas how to immigrate wife and baby with least amount of difficulty?

I have informed of possible 10 yr ban from USA if trying to circumvent system.

Thank you

If CBP finds out she's pregnant and plans to get married in the US then they'll likely deny her entry. She should be prepared to show very strong ties that will compel her to return to the Czech Republic after her visit.

If she manages to get into the US and get married, and subsequently decides to submit an application for a green card, there's a good chance it will be denied, and she may even be banned from the US. It would be difficult to argue that the marriage wasn't planned when she entered since she's pregnant.

The ramifications of getting married and returning to Saudi Arabia are that the US citizen will have to prove domicile in the US in order to sponsor his new wife. This can be done by leasing an apartment, maintaining bank accounts, etc. He'll have to return to the US either before his wife, or enter at the same time as she does with her spousal visa. I'm assuming from your posts that she's in the Czech Republic and he's in Saudi Arabia, so a direct consular filing is out of the question - they'd both have to be residing in the same country.

If they get married in April then they'll have only 5 months to get the spousal visa before she's due to deliver. Some airlines won't carry a passenger in late pregnancy, so reduce the time according to the airline restrictions. The odds of them getting any sort of spousal visa approved in this amount of time is practically nil. There are no expedites for pregnancy.

The only advantage I can see to giving birth in the US is that the US citizen husband won't have to prove it's his biological child in order for the child to be a US citizen. Otherwise, the child can be granted US citizenship based on it's having a US citizen biological parent. This requires filing a Consular Registration of Birth Abroad, or CRBA, in the country where the child is born. This may require a DNA test to prove he's the biological parent.

[canadian_wife 1,822]

I'm assuming from your posts that she's in the Czech Republic and he's in Saudi Arabia, so a direct consular filing is out of the question - they'd both have to be residing in the same country.

Excellent advice Jim. I actually assumed they were both in Saudi and therefore DCF is a possibility. Perhaps the OP needs to clarify before we rule out any opportunities.

[Brian&Lia 0]

They are both working with-in Saudi Arabia as contractors from each host nation.

His finance might start showing in April because she will only be 4 to 5 months pregnant. She will be entering the states in April on a VISA Waiver Program. We have found out that she can fly on an international flight up to her being 28 weeks pregnant with-out doctors approval.

[Penguin_ie 5,993]

Have they lived legally in Saudi for 6+ months? If so, best option is to get married asap- though April *might* be early enough, then file for a spousal visa via DCF (ie directly with the embassy). This usually only takes a few weeks or months, and could get her the visa in time for the birth. However, an April wedding is a bit latefor this(as if visa takes 4 months, which is about average for DCF, it would get close to the birth and she may not be allowed to travel).

[JimVaPhuong 4,863]

They are both working with-in Saudi Arabia as contractors from each host nation.

His finance might start showing in April because she will only be 4 to 5 months pregnant. She will be entering the states in April on a VISA Waiver Program. We have found out that she can fly on an international flight up to her being 28 weeks pregnant with-out doctors approval.

Ok, this changes things substantially. As Penguin_ie noted, if they've both been living in SA as legal residents for at least six months then he can file for a CR1 at the consulate after they are married. Neither of them need to go to the US for this. He'll still have to prove domicile for the affidavit of support. A direct consular filing usually takes much less time than a CR1 petitioned in the US.

I would suggest they get married quickly. Her being pregnant and unwed is technically a violation of Saudi law. I would hope they'd eject her from the country, rather than subject her to criminal prosecution, but they shouldn't take this lightly. The maximum penalty for fornication in SA is death by beheading.

[sachinky 465]

Get married immediately and file for DCF that will result in a CR-1 visa.

Read the guides.

[Boiler 45,486]

Personall I think Medical Inmsurance is a much bigger issue than Immigration.

But on Immigration:

She can come to the US to get married on the VWP, and leave.

She can come to the US to give birth on the VWP, and leave.

To Immigrate I would go along with DCF.

[Darnell 8,478]

I like Boiler's Options da best.