Should I go with fiance visa, or just get married first? (baby involved, too!)

[Galbania 0]

Folks. I am a US citizen and am planning on marrying an Albanian. Here is the rub: She is pregnant so there is time pressure on bringing her here. She is due in 6 months and we would like to have the baby born in the US.

We will be married in Albania on September 29.

The question is: Should we get a fiance visa now, or should we get married on 9/29 and then go for getting her in as a spouse?

It's all a question of time.

Any advice?

[Harpa Timsah 13,258]

Sorry, the baby won't be born in the US. Why didn't you file 3 months ago?

[Galbania 0]

Sorry, the baby won't be born in the US. Why didn't you file 3 months ago?

Can't I get her in now on a fiancee visa and marry her here?

Basically while I was planning on marrying her, the sudden rush is that she is pregnant, which I have only known about for around 4 weeks. I travel constantly and frankly haven't been on top of it for the last month.

Can I get her in on a fiancee visa soon?

[LeftCoastLady 441]

Can't I get her in now on a fiancee visa and marry her here?

Basically while I was planning on marrying her, the sudden rush is that she is pregnant, which I have only known about for around 4 weeks. I travel constantly and frankly haven't been on top of it for the last month.

Can I get her in on a fiancee visa soon?

From submitting the petition to interview to having the fiancé(e) visa in hand takes, on average, 7-9 months. If you're already planning to get married in September, you will not have the visa by then. So, plan on filing the spousal visa and look up the Consular Report of Birth info for your child.

[Galbania 0]

From submitting the petition to interview to having the fiancé(e) visa in hand takes, on average, 7-9 months. If you're already planning to get married in September, you will not have the visa by then. So, plan on filing the spousal visa and look up the Consular Report of Birth info for your child.

OK thanks. What about just going for a regular tourist visa for her?

[Oksana & Max 94]

There is no way you can't get your fiancee here in 6 month. She will have to give a birth to a child in Albania. If you will apply now for a fiancee visa it will take about 6-8 month to get it. If you will wait till you get married in september and apply then for CR-1, you will have to wait 10-12 month since filing. So faster would be fiancee visa, then you will need to get married here.

OK thanks. What about just going for a regular tourist visa for her?

On tourist visa she required to show strong ties back to her country, which will convince CO, that she will return. Being pregnant and having US fiancee will make it even harder, for a tourist visa.

[Galbania 0]

From submitting the petition to interview to having the fiancé(e) visa in hand takes, on average, 7-9 months. If you're already planning to get married in September, you will not have the visa by then. So, plan on filing the spousal visa and look up the Consular Report of Birth info for your child.

Also, let me ask you this: she has a diplomatic passport and can come to the US on official business, which is how she comes now. If I can get her here, say, next week, if I marry her in vegas or something can I then keep her here because we are married?

[JohnR! 5,495]

OK thanks. What about just going for a regular tourist visa for her?

If she can get a tourist visa soon she may be able to come over in time to have your baby in the US.. It is a long, long shot and it will depend on her financial situation and standing in Albania.

If in the end, you can't get her here in time for the delivery, make sure you register the birth with the US Consulate with jurisdiction over her place of abode in Albania. In that manner you guarantee that your baby's birthright to claim American citizensip, so when you begin the visa process for your fiancee or wife, you will have one less person with whom to worry.

More on CRBA: http://travel.state.gov/law/family_issues/birth/birth_593.html

congratulations, good luck and yiiikes!

[Galbania 0]

If she can get a tourist visa soon she may be able to come over in time to have your baby in the US.. It is a long, long shot and it will depend on her financial situation and standing in Albania.

If in the end, you can't get her here in time for the delivery, make sure you register the birth with the US Consulate with jurisdiction over her place of abode in Albania. In that manner you guarantee that your baby's birthright to claim American citizensip, so when you begin the visa process for your fiancee or wife, you will have one less person with whom to worry.

More on CRBA: http://travel.state.gov/law/family_issues/birth/birth_593.html

congratulations, good luck and yiiikes!

I can get her here on a diplomatic visa next week... If she comes and I marry her in Vegas, can she stay and have the baby here?

[dwheels76 5,468]

Also, let me ask you this: she has a diplomatic passport and can come to the US on official business, which is how she comes now. If I can get her here, say, next week, if I marry her in vegas or something can I then keep her here because we are married?

A diplomatic passport and you plan to commit Visa fraud and misrepresentation. For her to come here with the intention of getting married is a life time ban. Sure you could get married and try to adjust status. She goes to interview pregnant or with baby in hand I am sure they aren't going to threw momma out the country with baby. But its a risk. Immigration matters you want to do legally and right so no issues EVER.

[Harpa Timsah 13,258]

I can get her here on a diplomatic visa next week... If she comes and I marry her in Vegas, can she stay and have the baby here?

Entering the US on a tourist visa with the intent to immigrate is illegal. Mixing up fake "diplomacy" only makes it worse. Sorry.

[JohnR! 5,495]

I can get her here on a diplomatic visa next week... If she comes and I marry her in Vegas, can she stay and have the baby here?

If she has no idea you will propose, before she arrives, that might work. (The reason being it would be considered visa fraud for her to enter the US knowingly, with the purpose of staying.)

What may complicate matters - and this is pure speculation - is that as a diplomat she has immunities which might work in her favor, on the other hand, she most likely will have to give up her diplomatic status at some point during her process to becomes a resident.

Edited July 24, 2012 by Gegel

[Galbania 0]

A diplomatic passport and you plan to commit Visa fraud and misrepresentation. For her to come here with the intention of getting married is a life time ban. Sure you could get married and try to adjust status. She goes to interview pregnant or with baby in hand I am sure they aren't going to threw momma out the country with baby. But its a risk. Immigration matters you want to do legally and right so no issues EVER.

Gotcha. Now, because she has been here before and returned, and does obviously have a decent job in Albania, she probably has a good chance at a tourist visa.

Entering the US on a tourist visa with the intent to immigrate is illegal. Mixing up fake "diplomacy" only makes it worse. Sorry.

Gotcha, thanks

[usaind 3]

Fiance Petition approval can take anywhere from 3 months to 5 months or beyond ( mine took 163 days - 5.1/2 Months Alone ) ..

So double check on whatever u decide to move forward

Tourist visa / Diplomatic Visa everything seems to be mis-representation in your case since u already mentioned u guys are planning for a marriage..

Edited July 24, 2012 by usaind

[Oksana & Max 94]

What you can do and it will be legal by all means. She can come here get married, she will leave to go back to her country while waiting for a Visa. This way you don't have any issues. However it still will take about 10 month for a Visa. Pretty much you don't have really legal ways on doing it, so she can give a birth to child in USA. I would go with the safe route. Also you don't want her fly here, and then she can denied entry, because CBP may suspect something. Think first of your priorities. Do not play games with USCIS.

Even if your child will born in Albania, he still will be considered a US Citizen, you would just need to apply for CRBA in the embassy, to get a childs passport. So not a big harm here.