Please help. Unsure which Visa.

[Melchor_Gan 0]

Hello everyone, I am from Malaysia and I am trying to go to the USA. My situation is that I am married to a US citizen by birth here in Malaysia. She is expecting to deliver our baby by May 2015. So we have decided to go back to the USA to have the birth there instead. As I understand, under normal circumstances, she would have to file a petition for a fiance visa for me to travel. But due to the time constraints, I am not sure as to which visa I should apply for? We were thinking of applying a b1/b2 visa for me to travel to the USA to witness the birth of our child but because we are married I am unsure if that would be considered immigration fraud. We have only 2-3 months left as we are to fly by the first week February because my wife is unable to fly after the 28th week of her pregnancy. Please help, as I am lost as to how to remedy the situation.

[canadian_wife 1,822]

If granted a tourist visa, you must leave the US when your authorized stay in the US is over, the one granted by the CBP when you entered on a tourist visa. Is that what you are looking for or are you looking to stay?

If you are looking to stay, your only other option is a spousal visa

good luck

[Melchor_Gan 0]

Thank you for you reply. I am looking to stay but only in the future. As for now, my main concern is that since I am applying for a tourist visa, is it viable for me to tell the person in charge that I am using this visa to witness my child's birth? Or would that compromise my visa entirely?

[Penguin_ie 5,993]

I think it will be difficult but not impossible to get a tourist visa.

They will wonder why your wife wants to give birth in the USA when she has lived in Malaysa all her life. You will need to show compelling reasons that you will return to your country after the tourist visa, such as a good job, and also that you will not work illegally while in the USA- ie proof of funds. savings.

[Melchor_Gan 0]

The reason we decided to have the birth in the US is so that our baby's US citizenship will not be compromised. Malaysia doesn't recognize dual citizenship and my wife has had difficulties with our local CBP. Its a political and Immigrational mess. So to avoid all that, we were thinking of having the baby in the US.

[canadian_wife 1,822]

Does your wife have insurance in the US? this will be a costly birth if not

Also, the US consulate I Malaysia would deal with the citizenship of the baby. If your wife qualifies to pass citizenship onto the baby, you will not have to deal with the local CBP regarding citizenship

good luck

[MacUK 983]

Just a minor detail from your post, you mention a fiance visa.

If you're already married then you cannot use a fiance visa, you'll need a spousal visa when the time comes for you to move to the States.

[NigeriaorBust 4,087]

As others have said it will be nearly impossible for you to get a visitors visa. The CO is required to assume you have the intent to immigrate and it is on you to prove otherwise. With a pregnant USC wife who is travelling to give birth what are you going to show to convince them ? Your best hope is an I130 which takes about 18 months and your wife will have to show she can support you or you will need a co sponsor.

[jbanya 19]

The reason we decided to have the birth in the US is so that our baby's US citizenship will not be compromised. Malaysia doesn't recognize dual citizenship and my wife has had difficulties with our local CBP. Its a political and Immigrational mess. So to avoid all that, we were thinking of having the baby in the US.

Hei Gan, understand your situation. It seems impossible for you to have B2 (visitor visa) approval as I personally experienced it, unless you have significant documents (business, strong financial statement backup, properties and reasons that you will come back for goods, and not to overstay in US). if her due date on May you can try to start your spouse visa (not K1 - Fiance, as you both married!).

You can still try to apply visitor visa to be witness for child birth after you filed your K3 (Spouse visa).

and yes, try to check with your wife if she is under insurance cover for childbirth, I don't know which states she from but here in Illinois natural birth is about USD7-8000 and section C can be up to USD13K, you may need to pay out from pocket about 10-20% although with insurance cover... (depends on the policies).

Another way is your wife can still give birth in Malaysia and then apply for status change for the child and bring the child back to US before the kid turn to 2 yrs old since she is American Citizens..

http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html

Your kid can get both US and Malaysian citizenship until he/she turns to 18, then need to surrender one.

Hope my info could help. GOD Bless!