Question..

[j1mbo 0]

Hi I am a UK citizen currently going through the K3 Visa process. We recently found out that my US Citizen wife is Pregnant which is fantastic but unfortunately I think I am stuck in the UK until my K3 is approved?

Does anyone know if this is correct? Is there any process, maybe on compassionate grounds, that I can enter the US and support my wife through her pregnancy.

Any help would be hugely appreciated.

Thanks

[YuAndDan 153]

Most likely the I-130 AND I-129F will be approved same day and sent to NVC where the I-129F gets administratively closed, and NVC will then move forward with the normal CR-1/IR-1 visa process.

K-3 has been a dead visa since early this year, it no longer has its original function (Enter USA and WAIT for I-130 approval..)

I have yet to see an expedite approved because of a pregnancy.

[j1mbo 0]

So K3 Visa is no longer valid? Or do you mean the waiting time for the CR-1/IR-1 visa has been reduced so much that the K3 isn't really worth it?

[YuAndDan 153]

So K3 Visa is no longer valid? Or do you mean the waiting time for the CR-1/IR-1 visa has been reduced so much that the K3 isn't really worth it?

Correct, USCIS has reduced I-130 processing time to the point where they approve it same time as I-129F.

How will the Department of State process my K-3 visa petition?

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

• The nonimmigrant K visa will be administratively closed.
  
• The application process explained below will not be applicable and cannot be used.
  
• The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality.

http://travel.state.gov/visa/immigrants/types/types_2993.html#4

[Penguin_ie 5,997]

I have seen a couple of expedites for pregnancy, but it was for cases of extremely high risk pregnancy (one multiple pregnancy, one bedrest in second trimester with no local family).

Two things:

- How far along is she? If you make sure you use all possible shortcuts, you could well be there for the birth.

- Keep in mind that as a UK citizen, you can still visit on the VWP; you can schedule your visits for the time ultrasounds happen and, if not approved for a visa yet, the birth.

[YuAndDan 153]

So K3 Visa is no longer valid? Or do you mean the waiting time for the CR-1/IR-1 visa has been reduced so much that the K3 isn't really worth it?

Discussed often

http://www.visajourney.com/forums/topic/287246-cr-1-or-k-3-practical-difference/page__view__findpost__p__4355135

http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

[j1mbo 0]

I have seen a couple of expedites for pregnancy, but it was for cases of extremely high risk pregnancy (one multiple pregnancy, one bedrest in second trimester with no local family).

Two things:

- How far along is she? If you make sure you use all possible shortcuts, you could well be there for the birth.

- Keep in mind that as a UK citizen, you can still visit on the VWP; you can schedule your visits for the time ultrasounds happen and, if not approved for a visa yet, the birth.

Hi so even though I am going through the immigration process (now a CR-1 thanks guys!) I can still enter the US on the VWP?

[YuAndDan 153]

Hi so even though I am going through the immigration process (now a CR-1 thanks guys!) I can still enter the US on the VWP?

Yes, however be prepared to provide evidence of ties back to home, bank accounts, letter from employer that you have a job in UK that you are returning to.

One idea is to fly into Dublin or Shannon IRL, then fly from there to the USA, The US POE uses those locations as Pre-Check locations, essentially the POE is in Ireland, so if you get denied entry it will happen there not in the USA.

[tommymac 1]

Your country is part of the visa waiver program, use this and file for an extension or adjust your status. Pregnancy USCIS expedition is highly unlikely unless there is a medical emergency where your consent is required. You will get 3 months, but I would save it for near your spouses full-term.

What do I need to enter the United States under the VWP?

To request entry into the United States under the Visa Waiver Program, travelers must meet the requirements listed in Which travelers may enter the United States using the Visa Waiver Program?. Each VWP traveler must present his/her own valid passport of the appropriate type. See What do I need to know about VWP machine-readable passport (MRP) and e-Passport?, What is a machine-readable passport (MRP)? and What is an e-Passport? for additional details. VWP travelers must also have an authorization through the Electronic System for Travel Authorization (ESTA and, may be required to present a completed and signed I-94W Nonimmigrant Visa Waiver Arrival-Departure Record to U.S. officials at the port of entry depending on the airline (DHS is in the process of eliminating the paper form). I-94W forms are free and often provided by travel agents, airlines or cruise ships prior to arrival, but may be picked up and completed on arrival at the U.S. port of entry. Travelers may also be asked to provide evidence of onward travel or other documentation on the purpose of their stay in the United States. Travelers entering through land ports of entry must pay a small land border fee as prescribed in 8 CFR 103.7(b)(1).

[Penguin_ie 5,997]

Your country is part of the visa waiver program, use this and file for an extension or adjust your status.

Do NOT come over on the VWP and attempt to Adjust Status- to come over on the VWP with the intent of staying is visa fraud, leading to a lifetime ban! As you already have an immigrant visa in the works I cannot see how your AOS would be granted.

[JoannaV 174]

If you are working then you can visit the US as much as you can fit around your work and proof of your employment should get you through the POE.

If you don't work then you can spend longer in the US at a time, but may be harder to prove you intend to return to the UK. Personally I was always allowed in just with my return ticket, but maybe I was lucky.

[j1mbo 0]

If you are working then you can visit the US as much as you can fit around your work and proof of your employment should get you through the POE.

If you don't work then you can spend longer in the US at a time, but may be harder to prove you intend to return to the UK. Personally I was always allowed in just with my return ticket, but maybe I was lucky.

I have just come back to the UK as I was in the US with my wife under the visa waiver and found out from a lawyer that I couldn't adjust status. So I'm in the UK and she's pregnant with our first child in the US. I just need to be there with her ASAP. She's coming over for a visit end of Jan so that something to look forward to.

Anyway we have received our NOA 1. Just waiting on umber 2 now..

Thank you to everyone who replied to this post. Its a lot clearer now.

[Darnell 8,479]

*** moving to IR-1/CR-1 forum ***