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

[Galbania 0]

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

thanks I appreciate it

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.

Well sure she can travel here and we can get married, but that doesn't really help. To just get married I can always go there. The issue is having the baby born here, and it sounds like the consensus is that if she travels here on the diplomatic passport and then I try to keep her here that we have committed visa fraud.

[Galbania 0]

Right.

So here is my question: When the child is born, what do I have to do?

My current plan (based on what I learned today) is as follows:

I will go to albania in a few weeks (waiting on my NYC long form birth certifcate/apostille). I will marry her right away. Then, I guess it is looking like 10 months or so to get her into US, at which point baby is born.

How do I then get baby in? Is it a 10 month process?

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.

thanks.. I hadn't considered the tax angle before.

[Moomin 292]

Giving birth in the US on any visa is not really illegal. However, when you're planning it out the way you are, it has a different ring to it. Alrighty, you're the USC, are you the one paying for the medical bills? I am only asking because USCIS or the embassy has every right to deny a visa petition and/or application if they determine that the foreign fiance(e) is very likely to become a public charge in the future.

Now, that's one thing, another is(as others have mentioned) committing fraud by having the intentions of staying when using a tourist visa. Imaging the conversation at the embassy interview for a tourist visa(or any non-immigrant visa), or through customs;

"so what are you going to do in the US?"

"Visit fiance, give birth and adjust status"

Any other answer will slap you down for material misrepresentation when you've already told us what your plan is. Misrepresentation will NOT age out, even after becoming a US citizen. If.. THat's ofcourse the keyword. But are you really willing to risk a few months less waiting for a lifetime of "what if they find out?".

--

I hope you think of your legal options immigration wise. Just remember you're on a webpage full of people who did this the legal looooong way, and even though it absolutely reeks to be apart, I have nothing - nothing at all - that can come back and bite my a** and seperate me and my husband. And I kept the door open for friends and family who'd like to not be treated as criminals when entering the US on a tourist visa.

So your options are the i129f petition or the i-130(if married)- long story short.

EDIT: When the baby is born overseas and you're the father(a USC), you go ahead and file CBRA - here's the link; http://tirana.usembassy.gov/birth_abroad.html

Edited July 24, 2012 by moomin

[Galbania 0]

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

I think it's 90 days. The problem is that other posts are suggesting that this would be visa fraud.

[Moomin 292]

I think it's 90 days. The problem is that other posts are suggesting that this would be visa fraud.

No. Perfectly legal to get married no matter which visa you're using. Sometimes the CBP officers are suspecious about it however it's legal. It's also legal to give birth in the US but those two aspects combined gives your fiancee ties to the US and not to home country.

[Galbania 0]

Giving birth in the US on any visa is not really illegal. However, when you're planning it out the way you are, it has a different ring to it. Alrighty, you're the USC, are you the one paying for the medical bills? I am only asking because USCIS or the embassy has every right to deny a visa petition and/or application if they determine that the foreign fiance(e) is very likely to become a public charge in the future.

Now, that's one thing, another is(as others have mentioned) committing fraud by having the intentions of staying when using a tourist visa. Imaging the conversation at the embassy interview for a tourist visa(or any non-immigrant visa), or through customs;

"so what are you going to do in the US?"

"Visit fiance, give birth and adjust status"

Any other answer will slap you down for material misrepresentation when you've already told us what your plan is. Misrepresentation will NOT age out, even after becoming a US citizen. If.. THat's ofcourse the keyword. But are you really willing to risk a few months less waiting for a lifetime of "what if they find out?".

--

I hope you think of your legal options immigration wise. Just remember you're on a webpage full of people who did this the legal looooong way, and even though it absolutely reeks to be apart, I have nothing - nothing at all - that can come back and bite my a** and seperate me and my husband. And I kept the door open for friends and family who'd like to not be treated as criminals when entering the US on a tourist visa.

So your options are the i129f petition or the i-130(if married)- long story short.

EDIT: When the baby is born overseas and you're the father(a USC), you go ahead and file CBRA - here's the link; http://tirana.usembassy.gov/birth_abroad.html

Yeah I am not really planning on breaking the law. I legitimately didn't know if once she got here legitmately and I married her if she could then stay. As for medical bills, I am not paying them now. If she moved here she would be on my insurance. The financial thing is not really an issue. I have a good job and a positive net worth.

No. Perfectly legal to get married no matter which visa you're using. Sometimes the CBP officers are suspecious about it however it's legal. It's also legal to give birth in the US but those two aspects combined gives your fiancee ties to the US and not to home country.

I see, thanks

Giving birth in the US on any visa is not really illegal. However, when you're planning it out the way you are, it has a different ring to it. Alrighty, you're the USC, are you the one paying for the medical bills? I am only asking because USCIS or the embassy has every right to deny a visa petition and/or application if they determine that the foreign fiance(e) is very likely to become a public charge in the future.

Now, that's one thing, another is(as others have mentioned) committing fraud by having the intentions of staying when using a tourist visa. Imaging the conversation at the embassy interview for a tourist visa(or any non-immigrant visa), or through customs;

"so what are you going to do in the US?"

"Visit fiance, give birth and adjust status"

Any other answer will slap you down for material misrepresentation when you've already told us what your plan is. Misrepresentation will NOT age out, even after becoming a US citizen. If.. THat's ofcourse the keyword. But are you really willing to risk a few months less waiting for a lifetime of "what if they find out?".

--

I hope you think of your legal options immigration wise. Just remember you're on a webpage full of people who did this the legal looooong way, and even though it absolutely reeks to be apart, I have nothing - nothing at all - that can come back and bite my a** and seperate me and my husband. And I kept the door open for friends and family who'd like to not be treated as criminals when entering the US on a tourist visa.

So your options are the i129f petition or the i-130(if married)- long story short.

EDIT: When the baby is born overseas and you're the father(a USC), you go ahead and file CBRA - here's the link; http://tirana.usembassy.gov/birth_abroad.html

When I do the CBRA, can the kid just come to the US then or do I have to do the whole ten month long visa process for the kid?

[Xanax 349]

Would your fiance want you to take the baby from her and bring it to the US?

Edit: as a US citizen I believe the child is able to come to and or leave the US whenever.

Edited July 25, 2012 by Xanax

[Galbania 0]

Would your fiance want you to take the baby from her and bring it to the US?

Edit: as a US citizen I believe the child is able to come to and or leave the US whenever.

The intention is for her to move here at some point. But, how do I make the child a US citizen? does it take the 10 months?

[Moomin 292]

When I do the CBRA, can the kid just come to the US then or do I have to do the whole ten month long visa process for the kid?

You'll have to look into country specifics for the procedure and the wait. Here's the link; http://tirana.usembassy.gov/birth_abroad.html

Their contact information(phone/email) is right here if you want to ask them; http://tirana.usembassy.gov/contact.html

IN the checklist is does state; "MANY PARENTS WISH TO APPLY AT ONCE FOR A CHILD’S FIRST PASSPORT

CONCURRENTLY WITH THE CRBA. IF YOU DO NOT APPLY FOR THE PASSPORT

CONCURRENTLY, BOTH PARENTS AND THE CHILD WILL BE REQUIRED TO RETURN FOR

A SEPARATE INTERVIEW AT THE TIME OF THE PASSPORT APPLICATION"

Edited July 25, 2012 by moomin

[kennym 275]

So here is my question: When the child is born, what do I have to do?

My current plan (based on what I learned today) is as follows:

I will go to albania in a few weeks (waiting on my NYC long form birth certifcate/apostille). I will marry her right away. Then, I guess it is looking like 10 months or so to get her into US, at which point baby is born.

How do I then get baby in? Is it a 10 month process?

thanks.. I hadn't considered the tax angle before.

Tax issue is not always true.. Recent tax laws make it very hard to claim a wife or a dependant from most countries..

Just went through this with my step daughter. My wife cannot claim her daughter on our tax return...

[RobNKharen 70]

Personally I'd be using the diplomatic visa to bring her here, get married quickly, file the K-3, and send her back to Albania before she overstays. All of that is perfectly legal and part of the K-3 wait time will be spent together in the US. Make sure she gets a check-up before flying back pregnant, because any complication might prevent her flight. Once the baby is born in Albania, file the CRBA and both the Albanian passport and US passport.

[LeftCoastLady 441]

Personally I'd be using the diplomatic visa to bring her here, get married quickly, file the K-3, and send her back to Albania before she overstays. All of that is perfectly legal and part of the K-3 wait time will be spent together in the US. Make sure she gets a check-up before flying back pregnant, because any complication might prevent her flight. Once the baby is born in Albania, file the CRBA and both the Albanian passport and US passport.

Except the K-3 is obsolete.

[Xanax 349]

Oh also, I don't know if you have considered it, but most medical practitioners I believe do not advise traveling after the eighth month of pregnancy; Also traveling while pregnant is very uncomfortable!

[kennym 275]

I think it's 90 days. The problem is that other posts are suggesting that this would be visa fraud.

If they do, they are wrong !! But, not sure I've seen anyone say that..

It's only fraud if you use the Visa with the intention of staying...

THere is no Fraud to enter the country, then get married and have the baby, If she returns before her time expires..

[JoBri 548]

If it were ME, I would want to be with her for the birth. If you cant go there for a period of time at that time but she could come here, legally, with the diplomatic visa, with no deceit involved, I would want that. It isnt that you want the baby born here (such as an anchor baby) to get it citizenship... It already will have that since you are the father. So, unless i am just ignorant, I dont see how it could be wrong for the baby to be born here with you as the USC father and she here legally on a diplomatic visa. Then maybe a month after the birth she could return home and you all could go through the whole immigration process apart as normal.

But if I am wrong about something there, please let me know. It is just that I think the OP is wanting to be together during the birth...something that for me was very, very important to go through, together, when our son was born. Correct me anyone if I am wrong. And I do appologize in advance if I said anything wrong here.