Condom broke we're pregnant with complications galore

[Harpa Timsah 13,258]

She can use the visitor visa for visiting, not schooling her kid, not living in the US. They might stop a heavily pregnant woman with a tourist visa, they do not want birth tourism. If they ever think she is abusing the tourist visa then they can deny her entry.

The choice is either a fiance visa or a spouse visa, for moving here to live.

You will need to work out the custody agreement and get permission for the kid to move to the US, for either the fiance visa or the spousal visa.

You can start the K-1 process now, or you can get married and then pursue the spousal visa. There are ways to delay either process if the permission for the kid is not yet obtained.

For birth in the US, she will need to be insured or you will need to pay out of pocket. If she is not married to you then you probably can't get her insured.

[NikLR 13,230]

CR1 actually sounds like a better route for you considering you have a rather uncertain future and it can be slowed down at the second stage if you need more time. I also suggest a CR2 for her daughter at the same that likewise can be slowed down if needed. You can always obtain a CRBA for your child after birth as well.

[lyublyu Iru 1]

Note: numbers added by lyublyu Iru so I could respond more clearly below

1. She can use the visitor visa for visiting, not schooling her kid, not living in the US.

2. They might stop a heavily pregnant woman with a tourist visa, they do not want birth tourism.

3. If they ever think she is abusing the tourist visa then they can deny her entry.

4. The choice is either a fiance visa or a spouse visa, for moving here to live.

5. You will need to work out the custody agreement and get permission for the kid to move to the US,

for either the fiance visa or the spousal visa.

6.You can start the K-1 process now, or you can get married and then pursue the spousal visa. There are ways to delay either process if the permission for the kid is not yet obtained.

7. For birth in the US, she will need to be insured or you will need to pay out of pocket. If she is not married to you then you probably can't get her insured.

1. I suspected that they couldn't use a tourist visa for tourism.

2. I am worried about this, won't the child be a US citizen either way?

3. We want to make sure this doesn't happen.

4. agreed

5. agreed or a court order

6. where can I learn more about delaying either a K1 or CR1?

7. I understand, I will talk to my company benefits department to get this nailed down.

I believe our company is self insured, so they may or may not have some flexibility, I

will research this further.

Thank you for your advice

[Mark88 184]

2. I am worried about this, won't the child be a US citizen either way?

No, not necessarly. Only if the child is born inside the US, or if born outside the US and the USC parent meets the physicial presence requirement + files a CRBA you can transmit citizenship.

3. We want to make sure this doesn't happen.

They can deny her entry, but since she has a visa, she will have the oppertunity to appear infront an immigration judge. Don't think though, that this means she will be able to enter the US, wait a couple weeks at home with you and then have a court hearing. She will most likely be held in a deportation facility until her case is heard (a day, a week, or a month might pass).

6. where can I learn more about delaying either a K1 or CR1?

You write the embassy a letter explaining the problem and ask to put it on hold for a while. That's it.

[canadian_wife 1,824]

3. We want to make sure this doesn't happen.

They can deny her entry, but since she has a visa, she will have the oppertunity to appear infront an immigration judge. Don't think though, that this means she will be able to enter the US, wait a couple weeks at home with you and then have a court hearing. She will most likely be held in a deportation facility until her case is heard (a day, a week, or a month might pass).

A denial of entry does not require an immigration judge, neither does an expedited removal, both are typically done at the POE - regardless if the person has a visa. I know, I was denied entry.

good luck

[Mark88 184]

A denial of entry does not require an immigration judge, neither does an expedited removal, both are typically done at the POE - regardless if the person has a visa. I know, I was denied entry.

good luck

Did you have a visa? Did you choose a voluntary departure?

[belinda63 3,041]

Mark I believe you only have the right to appear before the immigration judge if you have a green card. A tourist visa can be denied entry on the spot. I have seen it happen.

[canadian_wife 1,824]

Did you have a visa? Did you choose a voluntary departure?

I was not given a choice - they typically decide for you.

Good luck

[lyublyu Iru 1]

I was talking to my fiancee today. She suggested that we get married here in

USA during her next visit. She will go back to Russia after spending two weeks

with me.

Our lawyers suggested that we get married to facilitate getting permanent custody

of the child.

My question is will the USCIS throw a fit if we get married here or must we get

married in Russia?

Thank you for your advice,

[Boiler 45,767]

You can marry here.

[Tina and Johan 206]

I have a comment on the custody plan: if she takes her ex to court for full custody, and she wins, that may ensure that she can remove her child from Russia. However, the US embassy in Russia may still need to have her ex's written permission to bring her older child to the USA. Permission to leave one country and permission to enter another are not the same thing. We were told by the Irish embassy that my fiancé would need a letter stating our K2 had his ex-wife's permission to move to the USA. My fiancé already had full custody stating that he could remove their son from Ireland without needing his ex's permission. Just something to think about and look into.

[Expat1 971]

1. I suspected that they couldn't use a tourist visa for tourism.

2. I am worried about this, won't the child be a US citizen either way?

3. We want to make sure this doesn't happen.

4. agreed

5. agreed or a court order

6. where can I learn more about delaying either a K1 or CR1?

7. I understand, I will talk to my company benefits department to get this nailed down.

I believe our company is self insured, so they may or may not have some flexibility, I

will research this further.

Thank you for your advice

1. She can use the visitor visa for visiting, not schooling her kid, not living in the US.

2. They might stop a heavily pregnant woman with a tourist visa, they do not want birth tourism.

3. If they ever think she is abusing the tourist visa then they can deny her entry.

4. The choice is either a fiance visa or a spouse visa, for moving here to live.

5. You will need to work out the custody agreement and get permission for the kid to move to the US,

for either the fiance visa or the spousal visa.

6.You can start the K-1 process now, or you can get married and then pursue the spousal visa. There are ways to delay either process if the permission for the kid is not yet obtained.

7. For birth in the US, she will need to be insured or you will need to pay out of pocket. If she is not married to you then you probably can't get her insured.

1. Was incomplete advice. State department rules: Enrolling a child in public school while in visitor (B1/B2) status can result in the child's visa revocation and permanent visa ineligibility for the child's parents. Students attending private elementary and secondary schools are not affected by this law. So yes you can enroll a child in a private school on a tourist visa

2. CRBA application is different depending on if you are married or unmarried. Either way, we had to appear (both of us) in person at the consulate and I had to show proof that I had physically lived in the US for the required number of years. The rules are here for married parents and add

"If the parents were not married at the time of the birth of the applicant and the father is the U.S. citizen, the father must complete the Form DS-5507. Do not sign the document if the father will be present at the interview. If the father will not be present, the father must sign the form (signature is required on pages 3 and 4) and get it notarized by a U.S. commissioned notary. If the father is deceased, you will need to submit an original death certificate and photocopy. " for unmarried parents

http://www.state.gov/documents/organization/156216.pdf

NOTE: The passport application overseas has to be done with BOTH OF YOU IN PERSON, at least it was for us.

Your baby will be granted "citizenship from birth" either way but is not "automatically a US citizen" if born overseas until the paperwork's done.

Free advice: Wait to apply for the baby's SS number until you get back to the US. It takes frickin forever if done through the consulate.

3. Is a gamble No comment on that. I am not sure what the consequences of a finding of abuse of a visitors visa / removal has on the immigration process.

4. Due in 7 months? It will be next to impossible to get either one. With that said and considering it helps your case Spouse is probably better than K1

5. Earlier advice to play nice concurred

6. Once a CR1 is issued the beneficiary has (6) months to activate it, giving you an automatic window for any delay. Once activated, she can travel on it for a year without the green card anyway so she can fly in, register entry, and fly right back out if she needs to

7. For us my company insurance kicked in at date of marriage/before US entry. I have heard of couples who had to wait for entry / SS number (thanks to good ole GWB they added SS number for health insurance to the requirements - somehow that makes us safer? dunno) before they would enroll

Her

Least risky path (opinion only)

Have her fly over and get married. Have a nice honeymoon, enjoy your time together. File the I130 immediately after marriage, and plan for her to have the baby there. The baby will be born very near to the time that the I-130 is approved then you have to fly over to apply for CRBA/Passport. They will process it in about 2 weeks. Your little one's US passport and your wife's CR1 visa will be ready for departure probably 2-4 weeks after the little one is born, and your wife will have 6 months flexibility after that to physically enter the US.

Make sure she brings all the documents for the I130 (read through the instructions carefully) when she comes.

No comment on the condom LOL but congrats on upcoming addition to your family. Best of luck!

Edited July 19, 2014 by Expat1

[lyublyu Iru 1]

We lost round one in Russian court, the childs father doesn't have to pay
child support. Our attorney highly suspects that bribery was involved which

isn't unheard of in Russia and the amount he would have owed was

substantial. The reason the judge gave for rejecting the claim was that the

child never asked for anything and probably didn't need it.

That sounds pretty sketchy to me and we can easily appeal the decision.

The childs father claimed he made no money and couldn't afford to pay

anything.

I didn't really care about the child support, I thought that the child support

might be effective as a bargaining chip as the childs father cares much more

about his money than anything else.

The childs father absolutely will not agree to allow the child to live in the USA

and thinks the USA is a terrible place. All appeals to do this have been rejected.

We've tried to make nice, the child, my fiancee and the lawyer have all tried to

reason with him. He won't allow the child to visit the US using her tourist visa.

The next step is to try to get full custody the father claiming he doesn't have

any money won't help his case but I don't know if the father is going to bribe

the judge again either. That's too crazy to think about.

The lawyer thinks we should also appeal the first decision since it was made

on fairly sketchy legal grounds.

We plan to get married shortly here in the USA.

[lyublyu Iru 1]

A couple of questions, I thought I would ask them here rather than start a new thread

1. How difficult and what is the time frame to get a student visa for the child?

2. If the Father agrees to let child visit does the letter need to be translated?

Thank you for your help

[Sousuke 1,214]

We lost round one in Russian court, the childs father doesn't have to pay

child support. Our attorney highly suspects that bribery was involved which

isn't unheard of in Russia and the amount he would have owed was

substantial. The reason the judge gave for rejecting the claim was that the

child never asked for anything and probably didn't need it.

That sounds pretty sketchy to me and we can easily appeal the decision.

The childs father claimed he made no money and couldn't afford to pay

anything.

I didn't really care about the child support, I thought that the child support

might be effective as a bargaining chip as the childs father cares much more

about his money than anything else.

The childs father absolutely will not agree to allow the child to live in the USA

and thinks the USA is a terrible place. All appeals to do this have been rejected.

We've tried to make nice, the child, my fiancee and the lawyer have all tried to

reason with him. He won't allow the child to visit the US using her tourist visa.

The next step is to try to get full custody the father claiming he doesn't have

any money won't help his case but I don't know if the father is going to bribe

the judge again either. That's too crazy to think about.

The lawyer thinks we should also appeal the first decision since it was made

on fairly sketchy legal grounds.

We plan to get married shortly here in the USA.

Would the father want to take of the daughter full time?

If not use that to your advantage. IE as the father if your soon to be wife wants to leave he would then be required to take full custody. I suspect he may not want that.

Apologies if this has been tried already, I haven't read the full thread.