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Filed: Timeline
Posted

Hi! I have several questions regarding my situation. Any advise or help would be greatly appreciated!

Situation:

I am currently 6 weeks pregnant and living in Canada on work visa status. My fiance and the father of my unborn baby, is a American citizen and in the military. I am living in Canada on my own and we have both decided that it would be best that I deliver our baby in the US. We've been on a long distance relationship for about 5 years but I have traveled back and forth to the States at least 2-4 times/year in the last three years, that said I do have a 10 year tourist visa.

I have looked into the different options that we have for me to get my LPR there. However, I am not sure if either the fiance visa or petitioning me as a spouse (it would require us to get married asap) would be released in time for me to have the delivery there. I called USCIS and they said the fiance visa takes about 5 mos. from the time they receive it and open it (opening times could take another couple weeks/mos, they cannot guarantee how long).

After being told that it takes a while to get the fiance visa, we planned that we would just get married (in the states when i visit), so he can fix the paper work in his work to have me filed as his spouse, in the meantime I would go back to Canada and work till I'm about 6 mos. pregnant. However, when he spoke to an adviser in his work about our plan she said what we were planning was dangerous and that that immigration officer when I pass through the border anytime after we get married could reject my entry because we got married and that if they see I am pregnant would think I would overstay. Note: I have never overstayed in any country I have lived or visited. Her advise was for me to come to the states while my pregnancy is not too noticeable yet, get married and process the papers while I am there. That being said, I should not leave the US till my LPR is released.

Now my questions are:

1. I worry about the plan she had advised because that would mean I would have to enter the states during my 3-4th month (hoping my baby bump does not show yet. Usually the immigration officer grants me 6 mos. of stay, so assuming I enter in my 3rd month plus the 6 mos that grants me my stay, that would mean its just about my time to deliver.

anc

a. If he were to apply my petition as a spouse while I am in the States on a tourist visa, how long does it usually take to process?

b. Assuming that it is longer than the allotted time that the border immigration officer gives me, would I be able to ask for an extension given my conditions/circumstance? And would there be any problems associated with this.

2. Given the circumstances of my situation, I thought about applying for an expedited fiance visa I have read there are only several circumstances that they would allow the request and it varies from case to case. I've thought of several reasons, I am uncertain, however, of how much weight it would carry for approval. The reasons I've thought of are: It would be in our best interest to deliver in the states because the father is there and that I am living on my own in Canada, giving birth alone is not easy; my fiance being in the military has no control over his post and the possibility of deployment is always imminent, it would be better for me to go to the US as soon as possible so he can settle me there faster (look for a house, get my license, basic living); and financially, the sooner we get married, the sooner he can start receiving family allowance so that we can prepare for the baby's coming and prepare for the times that I can not work yet. In the letter I would still elaborate on these circumstances and hope that I can convince USCIS to give me a faster response.

a. Do the reasons I have stated bear any grounds to claim for an expedited fiance visa?

b. How long does an expedited fiance visa usually take?

c. If it get rejected could the plan above still be executed or would the border immigration know that I applied for a fiance visa?

3. My mother gave me an idea, I do not know if it is possible but she said, couldn't the two of you get married,for me to start seeing a doctor in the US about my pregnancy and get the documentation from the hospital that we are planning to deliver there and apply for my LPR. Whenever I cross the border I would tell the officer of my case, that my husband is there and that we are having the baby delivered there and I would travel back to Canada before the given time they have allowed me to stay. In this case, I would be able to stay in Canada until I am 6mos. along my pregnancy. This situation to me seems plausible but I also feel there are so many risks that we haveere to take every time I cross the border.

a. As someone with a tourist visa, married to an American Citizen am I eligible to deliver in the States?

b. My fiance has Tri-Care insurance, would he be able to absorb me in his insurance after we get married even if do not have any LPR status/SSN?

c. Is this plan possible? If so what problems may we encounter?

Thank you so much for taking the time to read through my case. Again any input, suggestions, comments, reactions would be greatly appreciated!

Cheers!

Krys

Posted

How are you going to pay for this? You have to check with your insurance provider to see if they will accept an already pregnant-person on the insurance.

Your kid will be a USC even if he is born on Canadian soil. A fiance visa will not be expedited.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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