K3 Spouse visa help needed

[Kathryn41 3,205]

Just weighing in here . . .

To the OP, you lose nothing by filing concurrently for the K-3 and CR-1 since there is no extra cost and only the time needed to prepare the K-3 paperwork. You would submit both the I-130 -which is already required - along with the I-129f. The paperwork will continue as a K-3 until it reaches the head of the line and is processed. Then, if the I-129f petition is first processed, it is likely to continue on with a K-3 visa. The waiting time for the I-129f, however, is currently longer than for the I-130 (and has been for a number of years now) so what is likely to happen is when the I-130 is processed, USCIS will administratively close the I-129f K-3 visa and officially transfer the file to the CR-1 process. Regardless of what you think would be the better visa, the route that is selected will be the one that will provide the greatest benefit 'sooner'. You do need to remember that having a green card is seen as being a greater benefit than the physical presence in the US, so that is the route USCIS will prefer. (It is also cheaper in the long run).

Belinda stated very clearly the pros and cons about having a baby in the US on a visitor visa and having the baby in New Zealand. As much as you would like to have the baby born here in the US the liabilities and expenses are much greater in your current situation. There are far more benefits to having your wife give birth in New Zealand while you are waiting for the immigration paperwork to process. Your child is automatically a US citizen because you are the father. You just need to register the birth abroad at the US Consulate, then arrange to get a US passport for your child. You can do this while your wife's immigration paperwork is being processed so that they should both be ready to travel when she receives her visa. Unless you added her to your health insurance when you were married, a US birth will cost you between $15,000 for an uncomplicated in and out the same day delivery upward to $45,000 or more if there are problems and she needs to stay overnight.

I will also add that it is easy for someone who is not in your shoes to suggest you try routes that short-circuit or try to bypass the legal immigration processes set in place. Please remember that they are risking nothing and you are risking everything. They will not be the one who is subjected to a refusal or a denial or a penalty such as a multi-year ban. Just because others appear to have 'got away' with doing something not quite kosher doesn't mean that it won't come back to haunt them at a later date, nor does it mean that you would be as 'lucky'.

Visa Journey's Terms of Service are in place to protect members from receiving information or 'advice' about the immigration process that could actually end up causing them harm, thus a moderator will leave a warning when the 'advice' crosses that line of safety or will actually remove posts that violate this Term of Service.

So, good luck to you and your wife and much joy with the coming birth of your son or daughter. For their safety and well-being, I know you will want to make sure everything about their immigration journey is above board and legal, because they are important enough to you that you won't want to put your lives together in the US at any sort of risk.

Edited September 12, 2014 by Kathryn41

[NikLR 13,227]

Aaron, start your own thread to discuss this please. You are hijacking up another person's.

Also please note that Kathryn is no longer part of the moderation team.

[Kathryn41 3,205]

This is the final word on this off-topic discussion in this thread as it has already hijacked the OP's thread far more than is acceptable. Visa Journey is a private site. If you wish to participate on this site you will observe the Terms of Service as you agreed to do when you joined this site. It is not our job to prove to you whether the Terms of Service are justified or not. If you do not wish to observe the Terms of Service then you do not have to participate.

Any further comments on this issue in this thread will result in at least a thread ban for the poster and possible suspension for violation of the Terms of Service.

5 posts violating the Terms of Service have been removed. If you wish to respond to the OP's questions without violating the Terms of Service, please do so.

Edited September 13, 2014 by Kathryn41

[Kathryn41 3,205]

duplicate threads on the same topic have been merged