K-1 or just marry under B1/B2? Please help

[preggybells 0]

Hi!

I'm currently in the US under a tourist visa. The CBP officer gave me 6months stay. I came here bringing my USC 1yr 6months baby so that we can visit my partner. We are not married yet. Our plan was to wait for our child so that he can be a ring bearer. However when he went on a vacation in my country to I got pregnant again. Now I'm 6months pregnant. I applied for my B1/B2 visa in May 2014 and I got lucky it was approved.

Now I am worried about getting married here. We are still waiting for his divorce. Even if we are engaged he can't petition me for a K1 before I came here because of his marriage which happen in my country.

He wants me to give birth here in October, and he wants to marry me ASAP after getting the decree. I want to go back in December in my home country because I have another child there. I dont have a job and he is the only one who supports me. I want to undergo K1 visa process just so I wont be suspected of a visa fraud and just so I can bring my eldest here. Our friends told us that we can just get married here even I'm on a tourist visa then he would just file I130.

I entered here June and need to return in December. I'm goingto use Emergency Medicaid since we arent married yet for me giving birth here. I want to go back to my country so that we can process k1 but then I would have to leave our 1yr old kid with him and bring my newborn. I don't want to leave any of my kids, but I still need to get back to my eldest.

Do you guys think it would be better to just be married here while on a tourist visa then adjust status or its too risky for me? thanks for answers

[Boiler 45,965]

Maybe just a question of time before this one gets locked.

How about your sperm donor pays your Medical costs if you wish to stay?

[Umka36 781]

Yes, you can file the AOS once your partner is legally able to marry you.

Instead of using Emergency Medicaid, why doesn't your partner pay for the cost of the delivery? Especially since he wants you to give birth here. It's really unfair that the resident of the US to pick up the tab.

[apple21 953]

Tourists can give birth in the US for free???

[Dohan 133]

as far as I know emergency medicaid doesn't work for ppl on tourist visas in every state. So, first, it depends where in US you are. Someone correct me if I'm wrong.

Boiler, ouchhh that was a bit mean

[Merrytooth 5,748]

Heard of plenty of tourists had medical attention in US and then left the country, conveniently forgotten to pay the bills.

[Boiler 45,965]

Not all Pregnant Women can make it to the Hospital:

Pregnant woman in labor was prevented from getting to hospital across the street for 30 minutes by President Obama's motorcade on way to fundraiser

• Obama is in California this week fundraising for Demcorats
• Streets all over Los Angeles are closed because of the president
• Yesterday police kept a woman in labor from getting to the hospital because Obama's motorcade was about to come through
• L.A. residents are taking out their frustration on Obama on twitter with #thanksObama, #Obamatraffic and #Obamajam

http://www.dailymail.co.uk/news/article-2704357/ThanksObama-Presidents-motorcade-prevents-woman-labor-getting-LA-hospital-30-minutes.html

[Ed and Gina 45]

There have been plenty of people in the US (citizens) who have skipped on their "emergency" med bills! And plenty of undocumented residents, too!

And, I do agree with several of the others here...your BF should cover the cost of the pre-natal are as well as delivery! Hmmmm...makes me wonder, what kind of guy is he?

Best of luck...

[preggybells 0]

My partner will pay for the delivery however he is only receiving disability and we won't be able to save a lot of money to pay for the bills. I'm palnning to have homebirthing so that it won't be costly. He said that if we can use emergency medicaid it would be a lot of help since he is only on his disability.

[belinda63 3,046]

If he can't afford to pay your medical bills how is he going to afford his wife and two children? He will have to provide proof that he makes at least 125% for a household of (soon to be) four to get you any kind of visa or green card or have a joint sponsor lined up. Does he have the financial requirements for your green card made? Even after you get the green card you will need medical insurance for yourself and the children. If the child is born in the US, no problem there, but for you and the other you will have to pay for it. No Medicaid for LPRs for five years.

[preggybells 0]

I understand that there are certain requirement for K1. He is 100% disabled vet, our USC son has enrolled under medicaid because his vet payment is not considered as income. Our son is also enrolled in a different insurance from vet. He can pay for the bills but then it will be a burden because the bills may cost $10,000 + or even more (if I'm not mistaken).

[belinda63 3,046]

You still didn't answer the question of his meeting the 125% of the poverty level. He has to have an income of at least 125% of the poverty level or assets at 3X the difference for his household size (re-reading it looks like 5 in your family {$34, 887) to sponsor you for a visa. If he doesn't have this much or make this much he will need a joint sponsor. No money no visa. No money no green card.

And if you decide to have the child in the US at the taxpayer's expense this could be used as proof that you will become a public charge (because you did) and could result in a green card or visa denial. Yes giving birth in the US is very expensive. You can count on around $10,000 for a regular hospital birth and closer to $20,000 for a C-section or if there are complications. The US taxpayers shouldn't have to pay this. And again, it could be used as evidence to deny your application.

You don't know how long it will take for him to be free to marry. Meanwhile your child is in another country. Even after he is free to marry it will be months before you can return home. You have to gather all the documents, fill the forms, have the medical exam, etc. prior to filing to adjust status. Then you have to wait for your Advance Parole document which should let you return to the US if you leave while you are waiting for your green card. There is also about a one year wait after filing for your child to receive their green card. So you are looking at about two years before your other child can move here. No reason the child you came with can't return home with you while you wait for the process to be done.

[Ning 619]

If he can't afford to pay your medical bills how is he going to afford his wife and two children? He will have to provide proof that he makes at least 125% for a household of (soon to be) four to get you any kind of visa or green card or have a joint sponsor lined up. Does he have the financial requirements for your green card made? Even after you get the green card you will need medical insurance for yourself and the children. If the child is born in the US, no problem there, but for you and the other you will have to pay for it. No Medicaid for LPRs for five years.

I hope these people listen to the advise and info Belinda has given here and use it to develop a plan that will work because there is a lot out of place at this point.

I would just add that It is almost impossible for people to be allowed to use a joint sponsor for K 1 cases in Thailand. It is sometimes allowed in cases involving students for example but I doubt it would be in this case from what I see in these posts.