Legally in the US now on a B2 visa, married to USC for 1.5 yrs, now pregnant! :)

[FANGFANG 0]

Hello,

I am currently in the US on a B2 visa. My husband and I live in China but he recently got laid off in China and we decided to take the time to visit family in the US for the summer. Just found out that I am pregnant and we would like to have the baby in the US. My visa expires in January 2014, but the I-94 says I must leave by June 20th. We had not started the immigration process because we were always traveling with his work and had not planned to start that for a couple years.

So I'm trying to consider our options:

1. Should I file form I-539 to extend the I-94 so I can stay here until our baby is born? The cost is $290 and I'm not even sure they would extend it, heard its a little difficult.

2. Should we just start the immigration process now even though we plan to return to China? Don't really want to begin this because we are not sure where we will be living until my husband gets another job, but if we are paying $290 to extend the I-94 we might as well put that money towards getting my GC.

3. I could just leave the country and return since my visa is a multiple entry, but afraid the customs officer this time might not give me enough time on my I-94 again.

Any help would be greatly appreciated!

[Boiler 45,541]

How would you pay for the Medical costs?

[FANGFANG 0]

How would you pay for the Medical costs?

So far we have just paid for the doctor visit and lab tests because we don't have insurance that will cover maternity here in the US.

We could qualify for emergency medicaid in the state my husband resides, and we have also got quotes from a two hospitals with a discounted rate if we pay cash without having insurance. So right now just looking at our options.

I did read that emergency medicaid is not considered a "public charge" because it is not a cash benefit or long term care, so if that comes up it may or may not affect things. Here is where I read this information:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=829b0a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=829b0a5659083210VgnVCM100000082ca60aRCRD

Of course its best to not have any government assistance, but my husband is a USC and pays taxes and it would be nice to have something in place if by chance the pregnancy had complications. With that being said ideally we would pay a for the prenatal and pregnancy on our own and have emergency medicaid just in case something would go wrong during the birth of our child.

[Kastrs 723]

Medical costs in the us even with insurance can be quite high. Additionally, if you chose to have your baby here and then return to china, you would need to wait a while until the baby has a passport to travel. Also, it is to clear from your post, is you husband a USC? A couple other things to think about, many airlines will not let you fly during the 3rd trimester and if you overstay your us visit visa you will incur a ban in the us. The length of the ban depends on the length of the overstay and an overstay would make it much harder to get a b2 in the future should you need it.

[FANGFANG 0]

Medical costs in the us even with insurance can be quite high. Additionally, if you chose to have your baby here and then return to china, you would need to wait a while until the baby has a passport to travel. Also, it is to clear from your post, is you husband a USC? A couple other things to think about, many airlines will not let you fly during the 3rd trimester and if you overstay your us visit visa you will incur a ban in the us. The length of the ban depends on the length of the overstay and an overstay would make it much harder to get a b2 in the future should you need it.

Yes the costs can be high, but we have done research and made many calls, so we have a good idea of what the birth here without insurance will cost. We would have to wait until the baby has a passport we understand that. Yes my husband is a USC. I know many airlines will not allow a pregnant woman to fly in the third trimester but right now I'm only at 16 weeks, so we have time to sort our options. In the worst case I would just leave the US and return since I have a multiple entry visa, then upon arrival explain to the customs officer that I'm pregnant and will having the birth here. If we did take that route I would have financial stability paperwork prepared to show them. Under no circumstances will I overstay illegally.

[CC90 90]

If you aren't going to go for a green card and want to stay legally, your options are extremely limited. You're taking a big risk no matter what you do. Even if you found some evidence that emergency Medicaid is not considered a public charge, that doesn't mean that DOS or USCIS won't see it that way. Personally, as a US taxpayer, I can't say I'm trilled that you want to use Medicaid simply out of convenience.

I'm not sure of your reasons for wanting to have the baby in the US, but if they're citizenship related, your child will be both Chinese and American at birth regardless of where you have the baby.

I think your best option is to file for a green card even if you are going to move back to China at some point.

Your child will also have to get a Chinese passport to go back to China, in addition to a US passport. This is possibly several months after the birth until you can leave.

I don't think your chances are high for CBP to let you back in just to give birth, without having an immigrant visa.

Edited May 12, 2013 by CC90

[Boiler 45,541]

I agree with the above.

[FANGFANG 0]

If you aren't going to go for a green card and want to stay legally, your options are extremely limited. You're taking a big risk no matter what you do. Even if you found some evidence that emergency Medicaid is not considered a public charge, that doesn't mean that DOS or USCIS won't see it that way. Personally, as a US taxpayer, I can't say I'm trilled that you want to use Medicaid simply out of convenience.

I'm not sure of your reasons for wanting to have the baby in the US, but if they're citizenship related, your child will be both Chinese and American at birth regardless of where you have the baby.

I think your best option is to file for a green card even if you are going to move back to China at some point.

Your child will also have to get a Chinese passport to go back to China, in addition to a US passport. This is possibly several months after the birth until you can leave.

I don't think your chances are high for CBP to let you back in just to give birth, without having an immigrant visa.

Yes I think it is possible that DOS or USCIS won't see it as a public charge, but as mentioned above that is not our first option.

I can understand your opinion as being a taxpayer and not happy with us still leaving emergency medicaid as an option, but my husband is a USC who has paid his taxes. Even if we were to take that route its not as if we are trying to take advantage of anything, he has paid into this system and should have this option for his family since this is his child too. Again I do understand how you could feel though. This is not as is we were both non-citizens, or non-tax payers trying to get what we can.

The reason we would have the baby in the US is because my husband is a USC, this is where his parents, grandparents, all his family live.

If the baby is born in the US, the baby is a USC. China does not allow dual citizenship. The baby would not be allowed a Chinese passport, but would have to get a visa just like my husband does each year.

We do have some options, and just trying to get some feedback from others who may have been in this position or know of someone who has. Many people come to the US each year for medical treatment and as long as they can prove financial responsibility its actually welcomed. Having a child here is different than just receiving medical treatment, but keep in mind this is a child of a USC too.

[CC90 90]

I revise my statement about Chinese nationality. The baby will not be Chinese if born in the US unless both parents are Chinese citizens. (Source: Chinese Consulate)

However, the baby will need a Chinese visa before leaving.

[CC90 90]

Yes I think it is possible that DOS or USCIS won't see it as a public charge, but as mentioned above that is not our first option.

I can understand your opinion as being a taxpayer and not happy with us still leaving emergency medicaid as an option, but my husband is a USC who has paid his taxes. Even if we were to take that route its not as if we are trying to take advantage of anything, he has paid into this system and should have this option for his family since this is his child too. Again I do understand how you could feel though. This is not as is we were both non-citizens, or non-tax payers trying to get what we can.

The reason we would have the baby in the US is because my husband is a USC, this is where his parents, grandparents, all his family live.

If the baby is born in the US, the baby is a USC. China does not allow dual citizenship. The baby would not be allowed a Chinese passport, but would have to get a visa just like my husband does each year.

We do have some options, and just trying to get some feedback from others who may have been in this position or know of someone who has. Many people come to the US each year for medical treatment and as long as they can prove financial responsibility its actually welcomed. Having a child here is different than just receiving medical treatment, but keep in mind this is a child of a USC too.

The baby will be a USC even if born in China and will not be required to obtain Chinese nationality.

Yes, the US does have a medical tourism industry. The issue is that you're using a non-immigrant visa to have a baby with no clear plans to return to China. The other people that do this (NOT including having a baby in the US, which is a sure way to be denied entry--I mean other procedures like surgeries) have clear plans and ties to return.

You or your husband have no job and seemingly more family here based on your statements. That's not what the B-2 is for; it doesn't work like the Chinese visa system at all.

You should file to adjust your status in order to have no problems. Otherwise, using a B2 to continue to stay here is borderline illegal and your re-entry is not guaranteed.

Edited May 12, 2013 by CC90

[FANGFANG 0]

The baby will be a USC even if born in China and will not be required to obtain Chinese nationality.

Yes, the US does have a medical tourism industry. The issue is that you're using a non-immigrant visa to have a baby with no clear plans to return to China. The other people that do this (NOT including having a baby in the US, which is a sure way to be denied entry--I mean other procedures like surgeries) have clear plans and ties to return.

You or your husband have no job and seemingly more family here based on your statements. That's not what the B-2 is for; it doesn't work like the Chinese visa system at all.

You should file to adjust your status in order to have no problems. Otherwise, using a B2 to continue to stay here is borderline illegal and your re-entry is not guaranteed.

Yes but being born in China involves more paperwork to become a USC. Most importantly right now the environment is not good in China, so best to not be there to avoid the pollution.

I do have a return flight and intended on returning as planned, but now the situation changed. We didn't come here to have a baby, we came here to spend time with our family. Now this has came up and that is why I'm on this forum, to seek advice.

I can't legally work here on this visa. My husband could find a job here, that is not a concern. The reason we are no this forum is to see our options and do the right thing legally. I'm asking for advice on which route to take as mentioned in my first post.

If anyone has any advice it would be greatly appreciated. We know decisions need to made asap.

[CC90 90]

The advice has been given: get a green card. The fact that you don't like it doesn't make it bad advice.

Especially now that your situation has "changed", you're going to have a real hard time getting back in on a B2. If you think the paperwork is bad for your child, try waiting 9-12 months for an immigrant visa after being denied entry.

Adjustment of status is reletively painless compared to that.

Please don't shoot the messenger. You're not arguing with me. It's the US government that has control. I'm just telling you what they do.

[FANGFANG 0]

The advice has been given: get a green card. The fact that you don't like it doesn't make it bad advice.

Especially now that your situation has "changed", you're going to have a real hard time getting back in on a B2. If you think the paperwork is bad for your child, try waiting 9-12 months for an immigrant visa after being denied entry.

Adjustment of status is reletively painless compared to that.

Please don't shoot the messenger. You're not arguing with me. It's the US government that has control. I'm just telling you what they do.

I do appreciate feedback and understand these are US government policies that make this seem confusing.

Getting the GC was one of my options above. Another reason we had not started that process is because we were wanting to wait until at least the two year mark and it does become a little easier.

So do you suggest we file for AOS then apply for the K3 visa?

Still not clear on which spousal visa is the right choice and had read through this link already:

http://www.visajourney.com/content/compare#dcf

[Boiler 45,541]

It has always been that way.

I can think of several reasons, but can not think of a solution.

[CC90 90]

I do appreciate feedback and understand these are US government policies that make this seem confusing.

Getting the GC was one of my options above. Another reason we had not started that process is because we were wanting to wait until at least the two year mark and it does become a little easier.

So do you suggest we file for AOS then apply for the K3 visa?

Still not clear on which spousal visa is the right choice and had read through this link already:

http://www.visajourney.com/content/compare#dcf

I don't mean to sound condescending, but you should consult with a lawyer or do some research on how this works before making any decisions. You don't seem to have a clear understanding as to how the US immigration system works as a whole.

US immigration law makes a distinction between visas and statuses. A visa is an entry document only--that can lead to a certain status. You have a B-2 visa, but are currently on B-2 status. In the US, you aren't "on a visa", but rather "on a status".

Non-immigrant visas (such as the B-2) have very strict requirements to gain entry. Some of which include strong ties back home, clear history of spending more time out of the country than inside the country in the immediately preceding time period, documentable job and income outside the US. Entering on the B-2 with *intentions* of living in the US or changing your status is illegal, even if you are legally entitled to it by marriage to a US citizen. This is why it is so dangerous for you to leave right now, and it would be a very good idea NOT to leave the US and instead file for Adjustment of Status, which will give you permanent residency status.

You will not need any sort of visa when you are given permanent residency status, and you will not have to leave the US. The issued green card is your visa (or, technically, your waiver of a visa). The K3 visa doesn't really exist anymore and is not issued.

Visas are not issued within the US because they are entry documents. They are only issued by consulates overseas. The AOS process allows you to option permanent residency status without leaving the US--and you will not need any visa to enter in the future (subject to a few rules). The AOS process allows you to stay in the US while you get your green card and takes a shorter amount of time than waiting for a CR/IR-1 visa overseas (which will lead to a green card anyway--the visa is invalidated upon entry and a green card is shipped to you).

The "two year mark" doesn't make it "easier", but it does allow you to avoid another step in the future (but it's rather trivial). Using this as a reason to not apply for AOS is not smart--and will make your marriage look even more suspicious if anything.

I'd start doing research and possibly consult with a lawyer on filing for adjustment of status as soon as you can.