Looking to file I-130 for pregnant wife. Questions on the visa itself and seeking advice on having baby in the States after arriving 7 months pregnant

[J / A 0]

Hi everyone,

My [German] wife and I [American] used to frequent these boards when we were on our way to receiving my EEA2 visa to live in the UK many years ago. We found this website very helpful and met some good people through our time here. After 8 wonderful years of living in London, we've decided to move back home to America. It's an exciting time for us both but things just got a bit more complex.

We made the decision to move back to America in December. I've since began applying for teaching jobs in the city in which were are moving and have told my employer of our plans to move. We then just found out last weekend that my wife is six weeks pregnant. This will be our first and it's an exciting time for us both, but the underlying uncertainty has begun to set in with the timing. Our plan is to move back to America at the end of July when she will be a bit more than 7 months pregnant. Us expecting a baby hasn't changed our plans at all and we still really want to move but cannot do so before the end of July due to work contracts, etc.

We have many questions, so I'll just fire away. I hope there are people out there who have been in a similar situation as us and can help us along the way!

- We have just begun to look further into the I-130 visa for my wife. Firstly, is this the right visa for her? She's looking to have the right to live and work in America. Or are there other visas we need to apply for? Also, Is this a fairly straight forward visa to apply for or will we run into some tricky situations now that we are expecting a baby?

- If we were to send the application out by February 1st, at what point should we expect the visa to be approved? We've read anywhere between 5 and 6 months. Is there any way to expedite this process?

- Also, will we need to send off our passports during the processing of my wife's I-130? If we do, for how long will our passports be away for? We have plans to visit the States a few times before our actual move at the end of July.

- We would really like to have the baby in America, not the UK. Given I hopefully get a job offer and am able to set up insurance at the end of August (when my new contract will be set to begin), will this be a bit last minute to contact a hospital and make arrangements for the delivery of our baby? Our baby is due on the 20th of September and my wife will require a caesarean section due to a hip surgery she had when she was little, so this might complicate things further when arranging delivery at a hospital in the States. We plan to keep up with appointments here at a hospital in the UK until we move and will take all of the relevent paperwork and information with us to give to the hospital in America.

- This leads me to my next question, insurance. Would it be recommended for us to get a temporary monthly insurance and set up arrangements at a hospital in the US for delivery well before we move out there? And does anyone have experience with getting a temporary insurance like this to hold us over until the real one kicks in at the end of August? We are worried about the costs of having any doctor appointments when paying out of pocket.

There's so much to think about though we are trying to keep positive throughout. Any input from you guys here would be greatly appreciated!

Thanks kindly in advance.

J & A

[Darnell 8,479]

as to any timeline for a CR-1/IR-1 visa,

it all depends on your decision on 'where to file'.

Will you file via Direct Consular Filing of the I-130 into London USCIS office, or no ?

[canadian_wife 1,829]

Welcome back to the forums

1) The I130 is not a visa it is a petition that the USC fills out and sends to USCIS. The 'guides' link at the top of the page will help you chase the Cr/Ir visa (depending on how long you've been married)

2) Expect 8-12 months from petition filing to visa in hand. Unless as Boiler suggests, DCF is an option for you. Expedites are given only under extreme conditions. Pregnancy and a desire to have the baby in the US is not one of them. Many try the 'humanitarian' or 'emergency situation' for pregnancies and fail to receive an expedite. See this link https://www.uscis.gov/forms/expedite-criteria

3) If/When approved the visa will be collected at the interview for the visa to be placed in it. Up until that point photocopies will suffice.

4) Baby? Cesarean? Currently unemployed? Yet the UK has socialized medicine.

5) try a search for temporary insurance. I came on a Cr1 visa and was already added to my husband's insurance when I got here.

Wishing you all the best on your journey.

Good luck

Edited January 23, 2016 by canadian_wife

[Boiler 46,034]

Seems like you are running it really fine, DCF London might get you there, if you do not have cover through your Empoyer when you arrive you can apply for Obamacare in the State you are moving to but that will not start on day 1.

[J / A 0]

as to any timeline for a CR-1/IR-1 visa,

it all depends on your decision on 'where to file'.

Will you file via Direct Consular Filing of the I-130 into London USCIS office, or no ?

Which would be the quickest? I know there is an office in Chicago as well. We were going to apply through there, though if filing via Direct Consular Filing into the London USCIS is quicker, we'll go this route. Thanks for your response

Baby? Cesarean? Currently unemployed?

Welcome to our current anxiety!

We've been married five years in March. I'll have a look through the guide for more information. Thanks for your helpful reply!

[Boiler 46,034]

The logical thing would seem to apply DCF asap, head over there so you can get a Job with Insurance and then she follows when her visa is ready assuming it is not too late.

[J / A 0]

Seems like you are running it really fine, DCF London might get you there, if you do not have cover through your Empoyer when you arrive you can apply for Obamacare in the State you are moving to but that will not start on day 1.

Definitely running it a bit fine. Did not realize the process would take more than six months as this is about the time frame we've read on other websites. This is why these forums are so helpful!

How long does Obamacare usually take to kick in? Is this something we should start applying for before we move out there? And would it apply to my wife if her visa isn't approved yet?

[Boiler 46,034]

You can lan as you are now but will need to be resident of whatever State to apply. I do not remember the time it takes, should be on the web site or cal them.

[Darnell 8,479]

hmm - i thought timelines for DCF London were running right at 4 months?

[J / A 0]

hmm - i thought timelines for DCF London were running right at 4 months?

This is helpful, thank you.

[Darnell 8,479]

do you have enough credentials to teach at a community college? if yes, suggest you get in for summer classes.

[J / A 0]

do you have enough credentials to teach at a community college? if yes, suggest you get in for summer classes.

I'm pretty certain I don't. Also, the school year in the UK doesn't finish until the 23rd of July. It wouldn't make sense to find work between then and the start of the school year in the States (third week of August) with having the move and everything else to sort out.

We have passed the thought around of quitting our jobs early for me to find work back home beforehand, though as a primary school teacher, my experience outside of the field of education is limited. To find a decent paying job worth moving home for before planned wouldn't be a smart option, as I will get paid through to the end of August if I stay with my current school until the end of this school year. Every bit of money helps, especially with a big move like this and the likelihood of my wife not working for at least half a year to a year after we move.

Would my wife be able to move back to America with me while we are waiting for her I-130 and visa to process? Or will she not be able to join me until she has the visa in hand?

Edited January 23, 2016 by J / A

[Darnell 8,479]

ok - i understand your calendar a bit more now.

you might want to study a bit about domicile requirements and usa income requirements, buried in the I-864, this weekend.

[Transborderwife 4,666]

I'm pretty certain I don't. Also, the school year in the UK doesn't finish until the 23rd of July. It wouldn't make sense to find work between then and the start of the school year in the States (third week of August) with having the move and everything else to sort out.

We have passed the thought around of quitting our jobs early for me to find work back home beforehand, though as a primary school teacher, my experience outside of the field of education is limited. To find a decent paying job worth moving home for before planned wouldn't be a smart option, as I will get paid through to the end of August if I stay with my current school until the end of this school year. Every bit of money helps, especially with a big move like this and the likelihood of my wife not working for at least half a year to a year after we move.

Would my wife be able to move back to America with me while we are waiting for her I-130 and visa to process? Or will she not be able to join me until she has the visa in hand?

She can visit, but moving must have visa in hand. I dare say it'll get tiresome late into pregnancy though. As well, the doctors may not want to clear her for travel. But you never know, I travelled at 32 weeks Edited January 23, 2016 by Transborderwife

[J / A 0]

She can visit, but moving must have visa in hand. I dare say it'll get tiresome late into pregnancy though. As well, the doctors may not want to clear her for travel. But you never know, I travelled at 32 weeks

Having learned all of this thus far, this process is seeming a bit more daunting than ever expected. If we were to get an application started as soon as possible to the London office, what is the likelihood of my wife having visa in hand by the time we move at the end of July?