Visited BF on Tourist Visa. Now Pregnant. Now What?

[himher 634]

At this point, based on the lying at the visitor visa interview about your intended purpose and your BFs criminal past, I would get married. Go home. File I-130 CR1 and do it that way. If you do the K1 visa, his criminal background is going to be a higher priority if you were to just do the CR1. CR1 they are more concerned with the non-citizen than they are the citizen. But PLEASE go home first and file your visa. You'll have a better chance if you go home and have the baby in your country and file for spousal visa. You can do a CRBA for the baby and they can get USC. At this point I'd take the AOS off the table. Just get married, go home, file CR1. Cheaper. Your delivery is paid for with your HMO in your home country and you're doing things the legal way. That seems to cover all the bases in a positive light.

I am thinking the OP mentioned that her BF might not be able to leave the country?

Embassy required us to appear together/in person to apply for CRBA. It is something to consider.

[amberlynnloves 125]

I am thinking the OP mentioned that her BF might not be able to leave the country?

Embassy required us to appear together/in person to apply for CRBA. It is something to consider.

This is the situation with felonies and obtaining a passport:

Convicted felons may apply for a United States Passport, but the application is subject to compulsory or discretionary denial based on certain disqualifications. Federal law disqualifies convicted international drug traffickers from obtaining a passport. Felons are further disqualified if they have federal arrest warrants, unpaid loans while in prison abroad, if they are forbidden by court order to leave the country or if they are under a release program for felony drug charges. Applications may also be denied if child support arrears are owed in excess of $5,000 or if the applicant has unpaid loans for assistance with repatriation.

This does NOT apply for the visa. That would be more review.

[SennaBrigante 92]

I researched the CRBA procedures in the Phils and it says that parents are "strongly encouraged" to appear during the appointment. It doesn't say required but do the actually mean "required"?

When I also researched about passport applications here in the US for my BF, his charges aren't "red flag" charges like international trafficking of drugs. His is just a bunch of misdemeanors repeatedly committed and escalated to felonies

EDIT: He gets off probation on February and his last felony was charged like 2 1/2 years ago. He didn't even have to mention it on job applications when he was still looking for a job about 5 months ago. He'll be free as a bird on February, no kids with other chicks, no arrest warrants and he's never been abroad so no loans from imprisonment abroad... I don't really understand that statment but w/e.

Edited August 10, 2013 by SennaBrigante

[himher 634]

This is the situation with felonies and obtaining a passport:

Convicted felons may apply for a United States Passport, but the application is subject to compulsory or discretionary denial based on certain disqualifications. Federal law disqualifies convicted international drug traffickers from obtaining a passport. Felons are further disqualified if they have federal arrest warrants, unpaid loans while in prison abroad, if they are forbidden by court order to leave the country or if they are under a release program for felony drug charges. Applications may also be denied if child support arrears are owed in excess of $5,000 or if the applicant has unpaid loans for assistance with repatriation.

This does NOT apply for the visa. That would be more review.

I was actually thinking of the CRBA / passport for the baby and not the visa at all

[SennaBrigante 92]

So will the CRBA appointment "require" both of us to be there? Cuz I'm thinking that he might have like a 10% chance of not getting a passport (not being pessimistic, just want to cover all the bases), would that affect our baby's citizenship application?

[himher 634]

I researched the CRBA procedures in the Phils and it says that parents are "strongly encouraged" to appear during the appointment. It doesn't say required but do the actually mean "required"?

When I also researched about passport applications here in the US for my BF, his charges aren't "red flag" charges like international trafficking of drugs. His is just a bunch of misdemeanors repeatedly committed and escalated to felonies

EDIT: He gets off probation on February and his last felony was charged like 2 1/2 years ago. He didn't even have to mention it on job applications when he was still looking for a job about 5 months ago. He'll be free as a bird on February, no kids with other chicks, no arrest warrants and he's never been abroad so no loans from imprisonment abroad... I don't really understand that statment but w/e.

Please note we were in Saudi and had to both appear and requirements in our case may not represent cases in other consulates or embassies. Just mentioned because I would hate to see someone stuck because of the application process for a newborn.

We applied for the CRBA/passport together. I do not recall but it is possible that it was the PASSPORT application and not the CRBA application that required both of us to apply together.

It looks like you can choose either way, stay or go, and you will be fine. Again - good luck

.

Edited August 10, 2013 by himher

[SennaBrigante 92]

Thanks!

And yes, I am planning to apply for the CRBA and passport at the same time so that we can just fly back here whenever the pedia gives the clearance. I know I'm planning soooooo far ahead but I am a planner through and through and I don't want to be caught unprepared.

My BF is not much of a planner. Probably why he just wants to go for the seemingly convenient option of me staying here. I really need to let him know the risks of visa fraud and the cost of having a baby here vs having a baby back home.

[SennaBrigante 92]

I dunno why I can't edit my previous post but anyway...

I saw on the passport application form that we are both required to be present but on the next item of the reminders, if only one parent will be present, we'll have to submit another form signed by the absent parent and notarized here in the US. I already know that I'll be preparing these forms months in advance and just fill out some of the fields after the baby gets here.

[Ontarkie 14,233]

~~~~Post removed for personal attack and others for quoting- One post restored with out the quote~~~~

That is incredibly judgemental and unnecessary. This woman is asking for help and advice, and if you don't have anything nice to say, please don't say anything at all.

To the OP, I think you are very sensible to ask for help and advice from people on VJ, as your situation may have happened before and you can get reasonable advice from others. You can always say that at the time of visiting, your boyfriend was just a friend you met online, and you were there to visit family so I see no issue there.

I think it is very commendable that you want to go through the whole process as legally and financially secure as you possibly can, you are clearly weighing out the pros and cons as is sensible in any serious situation. I think it will be a shame for your bf to not be there for the baby's birth, but as long as in the long run its better for you, and you have family at home to help you and support you, it should be ok.

Keep talking through the pros and cons, with others and your bf and family. Personally my husband wasn't allowed back in the UK due to recent immigration changes and we had to change our life plans very quickly and unexpectedly. I haven't seen him in forever and I'm so desperate for this all to end, so I'd probably chose the option that had me living there as soon as possible. However as you have met over the Internet you are already very strong in the sense that you can carry n a long distance relationship well, so that should be ok while you are away if you chose to go the longer route.I'll also say that all the small things from a CR1 add up, like the medical, postage, transport, etc etc etc, so try factor those in too

Congratulations on your pregnancy, and I hope you and your bf chose an option that is best for you both, now, during the pregnancy and also in the long run good luck

Edited August 10, 2013 by Ontarkie

[SennaBrigante 92]

I've spoken with my BF and we're going the CR-1 route. It will be easier too since the nearest USCIS office is 6 hours away in Dallas... it would be inconvenient to drive all the way there and back for an interview if we did AOS,

We'll most likely file the I-130 before I even leave and also fix all the other paperwork and making copies of stuff becuase my BF hates paperwork.

Thanks again to everyone!!

[NikLR 13,227]

Honestly I think you're taking the best route. You've obviously thought about this thoroughly and want to do everything that means the best for your family, vs "less time apart." While being apart is stressful, it's nothing like owing 10k because you had a baby (lord forbid you have a c-section!) and not even being able to afford diapers. That's just bad planning when something unexpected happens.

You may have a few hurdles in front of you, ones you've created for yourself, but do your very best to get them worked out. I wish you luck!

[Darnell 8,478]

I've spoken with my BF and we're going the CR-1 route. It will be easier too since the nearest USCIS office is 6 hours away in Dallas... it would be inconvenient to drive all the way there and back for an interview if we did AOS,

We'll most likely file the I-130 before I even leave and also fix all the other paperwork and making copies of stuff becuase my BF hates paperwork.

Thanks again to everyone!!

Usually, the local office 'trip' is not needed when chasing a CR-1 visa. So that's a plus.

review what I wrote about W-7 and ITIN, though - suggest you , at least, get a bio page of yer passport authenticated at an IRS office and leave with yer new husband - he'll probably want to file taxes in 2014.

[NikLR 13,227]

Agree with Darnell. MFJ will help your husband in his 2013 tax return.

[SennaBrigante 92]

So I'll just bring my passport and a copy of the bio page to an IRS office and have them notarize it?

Thanks so much!

His family is trying to convince me to just stay here throughout the pregnancy until birth and I've told them about the risk for visa fraud and getting banned but they just brush it off and try to concoct stories for we met and stuff. I'm really uncomfortable with that idea and with a baby on the way and him having travel limitations, I can't risk getting a 3 or 6 or decade-long ban.

[Darnell 8,478]

No - IRS won't notarize it. They will authenticate it, instead, making some stamp on the photocopy. With that stamp, is easy to chase after the ITIN after you have left the USA.