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

[Darnell 8,478]

To h3ll with the points, I just want the case of beer.

You know, the case of beer SHE was going through, as she forgot her prior topic.

[Boiler 45,541]

Alcohol for some one who is pregnant?

[Darnell 8,478]

Something's wonky - I just don't care anymore.

[FANGFANG 0]

Sorry just got back and to give a response I'm not looking to immigrate right now. Last year we considered that option and after researching found out we were going about it all wrong. So I went back to China on time and then later got a new visa to come back and visit this spring. We decided its no rush as we will be living in China for some time still. One thing certain is we planned on not starting that process until we had been married for at least two years because we thought the process was easier. So please don't think we are just trying to come back here and do shortcuts so I can immigrate.

My intentions are not to stay here in the US right now. We just would like to have the baby here and then return to China as previously planned. After looking into things it seems much easier to handle the immigration process out of the US these days by going the Direct Consular Filing route. That seems the easiest and quickest way, not to mention its the legal way!

When I made a post on this yesterday it seemed the best option was to file the I-539 and the reason why we would request an extension on the I-94 is so we could have the baby here and then return to China. Many people on here suggested AOS, I knew it was an option but was not what we preferred to do. Really we would rather just get permission for me to stay until I have the baby, then we go back and later on do what is next while we are back in China. So I'm really just trying to sort out what should be done, its not my intention to get advice on starting the immigration process now.

[Kastrs 723]

I think everyone gets what you are saying. You have been given all the appropriate advice and avenues to a legal way to have your baby here. I do not really think there is anything new or enlightening any of us can tell you at this point. Good luck with the baby.

[FANGFANG 0]

I think everyone gets what you are saying. You have been given all the appropriate advice and avenues to a legal way to have your baby here. I do not really think there is anything new or enlightening any of us can tell you at this point. Good luck with the baby.

Thanks for the reply.

I came on here trying to find some advice mentioning my options and can say I'm more confused and worried than I was at the start. I thought extending my I-94 would be the most honest attempt by stating now I'm pregnant and would like to have the baby here. Everyone seemed to suggest now I just start the green card process which I didn't want to do and mentioned in the first post. Then it looks like all the replies today just bashed on me like I'm trying to do the wrong thing. I didn't come here on a B2 planning to stay, just because I thought that was an option last year some people think that is what is going on now. Its not. If it was I would have just started the immigration process last year when I was here...

[hmh33 117]

$290 isn't so much (I know it is to a lot of people, but this is in the context of repeated air travel to/from China). I think the I-539 is worth a try.

[Hypnos 6,576]

It's unlikely you will be able to extend your nonimmigrant B-2 status by filing the I-539. The burden of proof on these is very high, and by your own admission you have been substantially present in the US within the past year. If USCIS deem your extension request as "frivolous" then you begin to accrue illegal presence as soon as your I-94 expires. If they do not deem your I-539 as "frivolous" but reject it, then you begin to accrue unlawful presence as of the date the I-539 is denied.

USCIS may believe you are attempting to live in the US on a tourist visa, which is not permitted. What is the total amount of time you have been present in the US within the last 12 months (all trips, added together)? If it's over six months, or if the extension request, if granted, would put you over six months, then it's very unlikely your extension would be approved.

Edited May 13, 2013 by Hypnos

[FANGFANG 0]

It's unlikely you will be able to extend your nonimmigrant B-2 status by filing the I-539. The burden of proof on these is very high, and by your own admission you have been substantially present in the US within the past year. If USCIS deem your extension request as "frivolous" then you begin to accrue illegal presence as soon as your I-94 expires. If they do not deem your I-539 as "frivolous" but reject it, then you begin to accrue unlawful presence as of the date the I-539 is denied.

USCIS may believe you are attempting to live in the US on a tourist visa, which is not permitted. What is the total amount of time you have been present in the US within the last 12 months (all trips, added together)? If it's over six months, or if the extension request, if granted, would put you over six months, then it's very unlikely your extension would be approved.

Last year overall I was in the US almost 5 months. During that time I travelled to around many states, and I have photos and receipts to prove I was here travelling rather than just living in one place (if that would help).

This year I have been here for a month so far. On my B2 visa application I listed my travel agenda that covered traveling for 3 months around the US visiting family. If I asked for an extension it would be for another 7 months to cover until the time I was ready to fly back to China. So you are probably right it might not be accepted if I have been here a month already and now ask for another 7 months.

So if filing the I-539 would not work, is there any option to fly back to China now, then do something different stating I am coming to the US to have the baby? There is no issue being upfront with our situation, and we can also provide financial responsibility. My husband is concerned with me going back to China while I'm pregnant and being around pollution and unsafe food and water.

I'm sure extremely unlikely but maybe is it possible to do a DCF for a green card and it be expedited since I'm pregnant?

[Hypnos 6,576]

Your chances of receiving another seven months are not zero, but are pretty close to it.

Leaving the US does not "reset the clock" with regards to spending more time outside the US than inside. If you left the US and then attempted to re-enter under a B-2 in a few months, especially whilst heavily pregnant, you will have a difficult time being admitted. You may need to show CBP substantial proof of funds to pay for the birth, and just the fact that you were attempting re-entry again so soon may be cause for CBP to send you to secondary and take a closer look at your situation.

No one here can tell you you would be granted entry or denied entry, just the same as no one can tell you whether your I-539 would be approved or rejected. It will depend upon the officer of the day.

Reading what you have written about the situation, I do not believe your I-539 would be approved, nor do I believe you would be granted entry on a B-2 whilst heavily pregnant. This is my personal opinion based upon the facts as you have outlined them.

DCF might be worth pursuing, although you would be cutting it extremely close if you wanted to give birth in the US. Most airlines will not let a pregnant woman fly in her third trimester. For this timeline to work you would need to have a visa in your hands within two months from today, and that is highly unlikely. A normal pregnancy is not a valid reason to receive a medical expedite.

Edited May 13, 2013 by Hypnos

[FANGFANG 0]

Your chances of receiving another seven months are not zero, but are pretty close to it.

Leaving the US does not "reset the clock" with regards to spending more time outside the US than inside. If you left the US and then attempted to re-enter under a B-2 in a few months, especially whilst heavily pregnant, you will have a difficult time being admitted. You may need to show CBP substantial proof of funds to pay for the birth, and just the fact that you were attempting re-entry again so soon may be cause for CBP to send you to secondary and take a closer look at your situation.

No one here can tell you you would be granted entry or denied entry, just the same as no one can tell you whether your I-539 would be approved or rejected. It will depend upon the officer of the day.

Reading what you have written about the situation, I do not believe your I-539 would be approved, nor do I believe you would be granted entry on a B-2 whilst heavily pregnant. This is my personal opinion based upon the facts as you have outlined them.

DCF might be worth pursuing, although you would be cutting it extremely close if you wanted to give birth in the US. Most airlines will not let a pregnant woman fly in her third trimester. For this timeline to work you would need to have a visa in your hands within two months from today, and that is highly unlikely.

I agree with you. Difficult choices need to be made. I'm going to call USCIS and a couple immigration attorneys tomorrow for advice.

Seems like the best way of making sure the baby is born here would be filing AOS. Not what we want but its important to us that our baby has proper care.

Appreciate your feedback.

[Boiler 45,541]

You do not call USCIS for advice.

[newacct 688]

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.

Not true. According to Article 5 of the Nationality Law of the People's Republic of China, a baby born abroad to at least one Chinese citizen parent, and where the Chinese citizen parent(s) have not "settled abroad" (i.e. have a green card), the child is automatically a Chinese national. Period.

As a Chinese national, the baby cannot get a Chinese visa. The Chinese consulate issues a PRC "Travel Document" (equivalent to passport except only valid for travel to/from China) to such children. The document says on it that the bearer is a Chinese citizen.

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

Not true. According to Article 4 of the Nationality Law of the People's Republic of China, a baby born in China to at least one Chinese citizen parent, is automatically a Chinese national.

[CC90 90]

Not true. According to Article 5 of the Nationality Law of the People's Republic of China, a baby born abroad to at least one Chinese citizen parent, and where the Chinese citizen parent(s) have not "settled abroad" (i.e. have a green card), the child is automatically a Chinese national. Period.

You missed the part about if the baby acquires another nationality at birth (I.e. American) and one parent has "settled abroad.". In this case, the child does not acquire Chinese nationality.

Not true. According to Article 4 of the Nationality Law of the People's Republic of China, a baby born in China to at least one Chinese citizen parent, is automatically a Chinese national.

Conversely, you seem to be correct on this. Edited May 13, 2013 by CC90

[FANGFANG 0]

These among other reasons I think its obvious why my USC husband would want his child born in the USA.