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

[Galbania 0]

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.

thanks, it looks like this is the route I will be taking

[BLeNiL 1]

Hello,

seems like a tough situation, ur best way is to get married in albania, file I130 then see if u can get an expedite because of the situation you guys are in. It will take some time, seems like a long time but you have to do this right. You do not want any complications.

[kate&javi 26]

Hello,

seems like a tough situation, ur best way is to get married in albania, file I130 then see if u can get an expedite because of the situation you guys are in. It will take some time, seems like a long time but you have to do this right. You do not want any complications.

Pregnancy is not a reason to expedite.

[BLeNiL 1]

Pregnancy is not a reason to expedite.

I guess they have to wait like everybody else then

[HollyEslem 6]

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.

Gotcha, thanks

Hi Galbania..hope all is well! I'm going to be honest with you and I'm not trying to burst your bubble but the likelihood of her obtaining a visitor's visa is close to impossible with you being in a relationship with her AND her being pregnant. Two reasons she would stay. My fiance of 3 years tried twice for a visitor's visa. His family is considered wealthy, he has a hefty inheritance, strong family ties, is a pro athlete and a full time student in his home country and i wasn't pregnant and they still denied him. When asked, immigration officer told us that unless he was married to someone in his own country or had kids, he would be denied pretty much every time. He is 24 and was told he was "not mature enough" to travel and he posed a risk of staying. With her being pregnant, she has a HUGE reason to stay. If culture reasons due to the pregnancy are the reason for you to want to marry her so quickly, I would get married there and apply for the spousal visa. If time is a factor, then the fiance visa is shorter time. Either way, there won't be enough time for the baby to be born in the US.

[Galbania 0]

Hi Galbania..hope all is well! I'm going to be honest with you and I'm not trying to burst your bubble but the likelihood of her obtaining a visitor's visa is close to impossible with you being in a relationship with her AND her being pregnant. Two reasons she would stay. My fiance of 3 years tried twice for a visitor's visa. His family is considered wealthy, he has a hefty inheritance, strong family ties, is a pro athlete and a full time student in his home country and i wasn't pregnant and they still denied him. When asked, immigration officer told us that unless he was married to someone in his own country or had kids, he would be denied pretty much every time. He is 24 and was told he was "not mature enough" to travel and he posed a risk of staying. With her being pregnant, she has a HUGE reason to stay. If culture reasons due to the pregnancy are the reason for you to want to marry her so quickly, I would get married there and apply for the spousal visa. If time is a factor, then the fiance visa is shorter time. Either way, there won't be enough time for the baby to be born in the US.

thanks. I think I will just get married as soon as possible, and then get her here as soon as possible, but yes it looks like the baby will be born there.

[HollyEslem 6]

thanks. I think I will just get married as soon as possible, and then get her here as soon as possible, but yes it looks like the baby will be born there.

Good luck on your journey!! I'm sure everything will work out

[del-2-5-2014 1,339]

Hi Galbania..hope all is well! I'm going to be honest with you and I'm not trying to burst your bubble but the likelihood of her obtaining a visitor's visa is close to impossible with you being in a relationship with her AND her being pregnant. Two reasons she would stay. My fiance of 3 years tried twice for a visitor's visa. His family is considered wealthy, he has a hefty inheritance, strong family ties, is a pro athlete and a full time student in his home country and i wasn't pregnant and they still denied him. When asked, immigration officer told us that unless he was married to someone in his own country or had kids, he would be denied pretty much every time. He is 24 and was told he was "not mature enough" to travel and he posed a risk of staying. With her being pregnant, she has a HUGE reason to stay. If culture reasons due to the pregnancy are the reason for you to want to marry her so quickly, I would get married there and apply for the spousal visa. If time is a factor, then the fiance visa is shorter time. Either way, there won't be enough time for the baby to be born in the US.

Tunisia and Albania I think have different Embassy standards.

[scott76 22]

Unfortunate - by waiting those months you are going to have additional fees all the way down the road now. 2 visas, 2 AOS etc..

[JohnR! 5,495]

thanks. I think I will just get married as soon as possible, and then get her here as soon as possible, but yes it looks like the baby will be born there.

If all you guys want is to get married - with no immediate AOS in the US - she will not need a tourist visa. She can travel on her diplomatic passport.

[Asia 2,498]

Unfortunate - by waiting those months you are going to have additional fees all the way down the road now. 2 visas, 2 AOS etc..

Why 2 visas?

The father is USC, so the baby won't need a visa, right?

[Xanax 349]

Why 2 visas?

The father is USC, so the baby won't need a visa, right?

Right.

[scott76 22]

Why 2 visas?

The father is USC, so the baby won't need a visa, right?

ahh touche I was wrong. I forgot the father is USC. My apologies.

Anyways, good luck on your visa journey. It's a long long road.

[EminTX 131]

I brought my fiance here on a K-1 in April. With this experience, I, personally, would recommend the spousal visa. Before filing out original petition, it seemed like a 50/50 option. Now that we are in a time crunch for him to travel back for that one single class that has to be repeated to finish his degree (we had no idea of this possibility when we filed over a year ago), the waiting for permission to travel is more stressful than I can say.

The 2nd thing is that, for us, if we had been married, I could have claimed him on my taxes last year-- a 3000$ difference. The cost of the visa. Sigh. If only someone who had already been through it here on VJ would have simply stated such things plainly. Maybe they did but I couldn't find it through all the posts from inexperienced others who wanted to put in their opinions.

See what you can do to get opinions from others who have been through the process but had difficulties. See what was easier to deal with, because that is your potential near future experience.

[kennym 275]

How long can they stay on a Diplomat Visa?

Couldn't she come in on her Diplomat Visa, stay the max amount of time, have the baby, get married, and return home before she overstays?

Certainly needs to be home for the Interview, but would that work?

Kenny