Visa for spouse of US citizen

[HuffyTheSlayer 22]

Well. I think it's absolute rubbish that someone carrying a future American citizen

is not entitled some special consideration. Unfortunately, I do not write laws

While it would suck to be apart from your spouse during pregnancy and possibly the birth of your child, the simple fact that they are having a child that can acquire US Citizenship should NOT mean the spouse be given special consideration. Do you know how many couples would try to do this if this exception was made? It would be ridiculous and I'm sure after one or two months, the wait for special consideration would be longer than for a regular spousal visa. The OPs husband should re-consider taking the job in the US, if that is an option. Or delay his starting date until his wife has a spousal visa, if they want to be together during the pregnancy. The US is not the only place that has jobs right now. They will just need to make a decision about what is best for their family (for my family that would be being together for the pregnancy, but the OPs family feel differently).

[Harpa Timsah 13,258]

Well. I think it's absolute rubbish that someone carrying a future American citizen

is not entitled some special consideration. Unfortunately, I do not write laws

Have you ever heard the term anchor baby? Or birth tourism?

Anyway, OP, the I-130 is the way to go. People in this thread have hinted that your process might go fast because your husband is currently abroad, and that is probably true. Some people have been getting their initial approvals in 1-2 weeks, which makes the whole process about 3-4 months, if you're lucky. It'll still probably be too late to give birth in the US though. Best of luck for a speedy process.

Edited February 21, 2012 by Harpa Timsah

[stephaniec89 0]

Thanks all for your time and responses.. I should have made myself clear and said I am wanting to go over even of I have to apply for PR.. But at least I think I can file to enter the country while I wait so I can be with my family. Nobody wants to be alone while pregnant and especially at birth!! We are a US military family so I may even call up the military hotline and see if they can give me some information.

[aaron2020 11,651]

Thanks all for your time and responses.. I should have made myself clear and said I am wanting to go over even of I have to apply for PR.. But at least I think I can file to enter the country while I wait so I can be with my family. Nobody wants to be alone while pregnant and especially at birth!! We are a US military family so I may even call up the military hotline and see if they can give me some information.

This is a useful tidbit of information. Ask for a military expedite. A regular pregnancy would probably not expedite your case, but moving due to a US military reassignment is a cause to expedite your case.

Edited February 21, 2012 by aaron2020

[Orando 57]

Thanks all for your time and responses.. I should have made myself clear and said I am wanting to go over even of I have to apply for PR.. But at least I think I can file to enter the country while I wait so I can be with my family. Nobody wants to be alone while pregnant and especially at birth!! We are a US military family so I may even call up the military hotline and see if they can give me some information.

Hi Stephanie: I think people are advising you that if you come over on a non-immigrant visa with immigrant intent, that is a problem. You have specific intent to immigrate and obtain permanent residency status so you should look into an immigrant visa. Since you are married, this would be a spousal visa, for you, I think it would be an IR-1 visa since you have been married more than 2 years maybe. Your husband needs to file a I-130 for you and then you all can research expediting the petition somehow, maybe you can play the military card in this regard. I understand not wanting to be alone, without your husband when you have the baby, but it would be best for you to operate within the immigration laws of the US. It would difficult for you to prove you did not have immigrant intent with your story because clearly, you have immigrant intent, when you would file for adjustment of status, it would hard with your story to convince the US Govt that you did not use a non-immigrant visa with immigrant intent. Best hopes for you. Orando

[aaron2020 11,651]

Well. I think it's absolute rubbish that someone carrying a future American citizen

is not entitled some special consideration. Unfortunately, I do not write laws

If we gave special consideration to everyone carrying a future American citizen, then every couple would get pregnant to expedite their cases. Hey honey, it will take a year for you to get a visa, but if we get pregnant, your case can be expedited. How fair is that to those who already have US citizen children and don't plan on more kids, or to those who can't have kids?

Also, if we start considering "future American citizens," then how can anyone have an abortion? Isn't that the killing of a future American citizen? The reason the US government does not recognize any rights to a "future American citizen" is that not all of them will be born. The US is not prepared to give any rights to a fetus or someone carrying a fetus. A fetus is not necessarily a "future American citizen."

[Brother Hesekiel 2,236]

Well. I think it's absolute rubbish that someone carrying a future American citizen is not entitled some special consideration. Unfortunately, I do not write laws

Thank God!

Every illegal immigrant who is pregnant and about to jump over the fence carries a future American citizen. If you would write the laws, we would probably take down the fence then?

[Leatherneck 693]

Thanks all for your time and responses.. I should have made myself clear and said I am wanting to go over even of I have to apply for PR.. But at least I think I can file to enter the country while I wait so I can be with my family. Nobody wants to be alone while pregnant and especially at birth!! We are a US military family so I may even call up the military hotline and see if they can give me some information.

Now that makes a world of difference, when you submit your package include a copy of your husbands PCS Orders. If the orders for your husband are for an 'accompanied tour of duty' (family) that is all the better with regards to getting your I-130 expedited. Even if the duty is a solo tour, you stand a good chance to get a request to expedite approved.

Definitely call the military hotline and when you submit the package, write "Military Expedite" on the front of the envelope.

Good luck!

[AmyWrites 593]

If available, DCF is your fastest option.

[JimVaPhuong 4,863]

If available, DCF is your fastest option.

As of last August, DCF is only available in countries with a USCIS international office. There isn't a USCIS international office in Australia.

Military expedite seems like the way to go, presuming the move is on military orders.

[HuffyTheSlayer 22]

Thanks all for your time and responses.. I should have made myself clear and said I am wanting to go over even of I have to apply for PR.. But at least I think I can file to enter the country while I wait so I can be with my family. Nobody wants to be alone while pregnant and especially at birth!! We are a US military family so I may even call up the military hotline and see if they can give me some information.

Ah, yes. As everyone else has said, since your husband is US military, you do indeed qualify for a Military expedite! Not sure how fast those are, but I still don't think you will make it for March. But your wait will be significantly less. If I were you I might be tempted to find out how late will your doctor will let you fly on an international flight as long as Aus to US and get them to write a letter for you to submit with your package. I don't know if that would make a difference or not in their decision and processing time, but it might be worth adding to your package. Anyone else have any thoughts on this?

Really though with your pregnancy time is of the essence, so get those papers sent off ASAP.

[blackflash 7]

ACTUAL ANSWER FOR HELP PLEASE READ

ok lets back it up. go to the us counsalte in australia after the child is born to get a counsular birth abroad. i did it in italy for my son and it wasnt hard at all. make sur eyour husband plans to come back for the birth. second once he touches u.s. soil have him get started on a petition for you to come to the U.S. I believe its an I-130 and I-864( this is anaffidavit of support) if he can get a letter form his lawyer saying his salary for the year it will help. he can fill out start from this point. go to the USCIS website and

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=10093e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=10093e4d77d73210VgnVCM100000082ca60aRCRD

If he can go to the U.S. earlier it will be better and you might have a better chance of having the child born in the u.s if they let you fly being that pregnant. but none the less the sooner he gets over there the sooner you will be there

[Noah Lot 391]

ACTUAL ANSWER FOR HELP PLEASE READ

ok lets back it up. go to the us counsalte in australia after the child is born to get a counsular birth abroad. i did it in italy for my son and it wasnt hard at all. make sur eyour husband plans to come back for the birth. second once he touches u.s. soil have him get started on a petition for you to come to the U.S. I believe its an I-130 and I-864( this is anaffidavit of support) if he can get a letter form his lawyer saying his salary for the year it will help. he can fill out start from this point. go to the USCIS website and

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=10093e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=10093e4d77d73210VgnVCM100000082ca60aRCRD

If he can go to the U.S. earlier it will be better and you might have a better chance of having the child born in the u.s if they let you fly being that pregnant. but none the less the sooner he gets over there the sooner you will be there

Your husband need not wait for the airplane wheels to touchdown on U.S. soil before filing an I-130 (better check with Aaron, our resident expert on all matters of immigration)...what matters is his taking up residence (or aiming towards it) in the US, which, by virtue of his new job, should satisfy that requirement.

The sooner he sends in the paperwork, the sooner it gets approved and routed back to Australia.

[Penguin_ie 5,996]

**** Several posts removed for personal bickering. Help the Op with advice, do not fight with eachother here- take it to PMs or off VJ. This is an official Mod warning, thread bans and suspensions will follow. *******