K3 Spouse visa help needed

[Austyn 0]

Aloha, I am a United States citizen. I am on holiday visiting my wife who lives here in Australia. (She is a New Zealand citizen). We recently found out that she is 10 weeks pregnant and we want to have her move to the US to stay permanently before baby is due (in April), and I was just wondering what is the best and quickest way to do so. Thanks!

[Ian H. 207]

K3 visa isn't a viable path because it is taking about the same time as the IR1 process. It's much more likely that you will receive the IR1 visa. In either case the baby would be born before before any visa could be issued because of the length of the wait. You are a USC and your child will be one upon birth so that's not something you have to worry about. As for your wife, since you are already married you have to start by filing form I-130. Here is a link with the process:

http://www.visajourney.com/content/i130guide1

[Pitaya 2,577]

Welcome to the forum.

At the present time, the VJ stats are estimating that K3 visa times are in excess of 400 days from petition approval to interview: http://www.visajourney.com/content/k3historical YMMV. You may want to consider IR1/CR1 spousal visas and/or Consular Reports of Birth Abroad (CRBA) as more viable options for you and your impending family. Follow the links for more information.

http://www.visajourney.com/content/i130guide1

http://www.visajourney.com/forums/forum/154-consular-reports-of-birth-abroad-crba/

http://canberra.usembassy.gov/other_citz_links.html

Good luck on your immigration journey.

[aaron2020 11,651]

Aloha, I am a United States citizen. I am on holiday visiting my wife who lives here in Australia. (She is a New Zealand citizen). We recently found out that she is 10 weeks pregnant and we want to have her move to the US to stay permanently before baby is due (in April), and I was just wondering what is the best and quickest way to do so. Thanks!

Hi,

There is no way to petition an immigration visa for your wife in 6-7 months before your child is born. It takes about 8 months to 18 months for a USC to petition an immigration visa for a spouse.

Here is the law. I am not advocating you do anything illegal because doing so would violate the TOS of this site. I am simply giving you the law.

It is immigration fraud to enter the US on the VWP or a tourist visa with the intent to immigrate.

However, the preconceived intent to immigrate by itself is not a valid reason for USCIS to deny the AOS of an Immediate Relative of a USC as long as the beneficiary did not lie at the POE.

Your wife is an Immediate Relative of a USC.

Best of luck.

Edited September 11, 2014 by aaron2020

[Ian H. 207]

Also, since your wife is a New Zealand citizen, she can come here to give birth if you want your child born in the US. But I think it's cool to have more than one nationality.

[canadian_wife 1,808]

.

However, the preconceived intent to immigrate by itself is not a valid reason for USCIS to deny the AOS of an Immediate Relative of a USC as long as the beneficiary did not lie at the POE.

I completely agree. I just haven't found a way to avoid the lying part.

OP - I suggest you start filing the papers for a spousal visa and plan on your wife using the socialized medicine of Australia to have the baby.

good luck

[Ian H. 207]

The thing is that people don't lie, they tell the "truth" and then they do AOS because their circumstances "changed." How convenient.

[aaron2020 11,651]

Also, since your wife is a New Zealand citizen, she can come here to give birth if you want your child born in the US. But I think it's cool to have more than one nationality.

The baby will have dual citizenship regardless of where the birth occurs.

[aaron2020 11,651]

I completely agree. I just haven't found a way to avoid the lying part.

OP - I suggest you start filing the papers for a spousal visa and plan on your wife using the socialized medicine of Australia to have the baby.

good luck

A person does not have to lie to enter the US. The person can answer all questions truthfully. If the CBP officer does not ask if she intends to immigrate, she does not need to volunteer it.

Furthermore, the burden is on the US government to prove the preconceived intent.

[Ian H. 207]

Yeah, but I wasn't sure since some countries are more strict with jus soli citizenship.

The baby will have dual citizenship regardless of where the birth occurs.

[LoveMyTico 999]

Start the process now and hope for the best. The k3 will get canceled once it gets the nvc. Expect 6 months at uscis, 4 months at the nvc and then another month and a half to get to your interview. Add a few weeks inbetween for transit. Many tried to expedite due to pregnancy but since pregnancy is not a reason to expedite....Their requests were denied. Im thinking by the time you get to the nvc, your wife may be too close to delivery to travel anyway. Good luck. Read the nvc wiki so you know what you're facing and do not mail your original documents to the uscis. You will waste time trying to obtain the documents again when you need to send them to the nvc.

[Penguin_ie 5,992]

***** Mod warning: Please remember our TOS: we will not condone, advise, support or otherwise assist in illegal immigration activity. This discussion about AOS skirts dangerously close to that, and could lead to a lifetime ban for the OPs wife if there is a finding of visa fraud. Let's stick to the K3 path- or other options for the OP which are completely legal. ******

[canadian_wife 1,808]

The baby will have dual citizenship regardless of where the birth occurs.

You missed the point. If the baby is born in Aus - socialized medicine means no out of pocket costs. Not necessarily true in the US. My post was not directed towards the citizenship of the baby

A person does not have to lie to enter the US. The person can answer all questions truthfully. If the CBP officer does not ask if she intends to immigrate, she does not need to volunteer it.

Furthermore, the burden is on the US government to prove the preconceived intent.

The "how long do you intend to stay" question, that is common at POEs is the one that gets most people in trouble. As the honest answer to that question is "forever". If one answers anything but that - it is a lie in that situation correct?

OP - good luck

[aaron2020 11,651]

***** Mod warning: Please remember our TOS: we will not condone, advise, support or otherwise assist in illegal immigration activity. This discussion about AOS skirts dangerously close to that, and could lead to a lifetime ban for the OPs wife if there is a finding of visa fraud. Let's stick to the K3 path- or other options for the OP which are completely legal. ******

Please tell me how disseminating the law is a TOS violation? Is the law about the preconceived intent to immigrate by itself is not a valid reason for USCIS to deny the AOS of a USC as long as the beneficiary did not lie at the POE not true?

Please back up your assertion about a lifetime ban.

As a moderator, please back up your assertion about a lifetime ban rather then the preconceived intent to immigrate for an IR of a USC is not a LEGAL barrier to AOS.

[aaron2020 11,651]

P.S. no where did anyone advise anyone to do anything illegal.

No one advised anyone to lie at the POE.