Pregnancy during AOS [merged]

[calls 0]

We got while she was a valid K-1 visa holder. Now we are pregnant. We heard from our representative that the process takes 6 months to complete before she has a green card and a social security number. She's been in the country for 9 months, so our baby is due any time. We heard the baby will be a citizen, but what do we do now during the AOS process? And what are her rights considering she got Medicaid? And that is planned to expire just before the due date. I imagine we'll find a way to see an attorney, but I was curious if anyone understands what to do in that type of situation.

[TBoneTX 46,190]

*** Thread is moved from the K-1 Process forum to the "Moving to the US" forum -- questions are chiefly general, and OP is past the K-1 phase. ***

[calls 0]

Perhaps this is the right place for this discussion, but we got married while she was a valid K-1 visa holder. Now, during the AOS, she's expected to deliver very soon. We hear the child will be a US Citizen, but what about us? Will she have trouble with the immigration process at the hospital? Any ideas what to do during this "6 month" from now immigration process?

[TBoneTX 46,190]

Recent post above was split from an ancient thread and merged with this one.

[TBoneTX 46,190]

An unanswered duplicate thread has been removed. Please await answers in this thread.

[Cyberfx1024 7,980]

So your post is kind of confusing to say the least. You wife is adjusting from a K1 visa correct and you are pregnant? Are you the one that petitioned her for the K1 visa? You do nothing different now in the AOS process now that your wife is pregnant. She/You should have got the SSN when you came in the country not later. That's what my asawa did when she got here, I took her down to the Social Security office and got her SSN. But since you do not have a valid green card right now you have to wait to get it before you can get a Social Security card.

There is nothing to do at the hospital immigration wise. So she just came here and just got medicaid, and what do you mean your rights while on it? If the child is born here in the USA then the child is an automatic US citizen, the parents immigration status does not change because of it. If the child is born outside the USA and if none of the parents are US citizens then it is not a US citizen. For example: If my wife who is 7 months pregnant goes home to Davao to give birth I would have to file for CRBA to the Embassy in Manila. That allows the embassy to recognize that the child is a US citizen because I the US citizen is the father and I am filing for the baby.

[calls 0]

Thank you for your reply. Do you want me to Skype you or give you a phone call for clarity? I am the petitioner and sponsor. Celia is the immigrant. I wish I knew more about the immigration process to have completed it properly. She is applying for her green card now. Medicaid wants her SSN. She doesn't have one, so I'll lose my benefits, too? Anyway, her concern is the real one. She believes she'll be deported from the hospital. I have little to say because I don't know much; but according to you, it sounds like we'll be ok?

[JenniferNangel 137]

Thank you for your reply. Do you want me to Skype you or give you a phone call for clarity? I am the petitioner and sponsor. Celia is the immigrant. I wish I knew more about the immigration process to have completed it properly. She is applying for her green card now. Medicaid wants her SSN. She doesn't have one, so I'll lose my benefits, too? Anyway, her concern is the real one. She believes she'll be deported from the hospital. I have little to say because I don't know much; but according to you, it sounds like we'll be ok?

First congratulations!!!!!

She's in the process of getting her green card so she's not illegal and a hospital can not refuse to see anybody or has the authority to deport people. Has she been getting medical care for your child ??

[Cyberfx1024 7,980]

Thank you for your reply. Do you want me to Skype you or give you a phone call for clarity? I am the petitioner and sponsor. Celia is the immigrant. I wish I knew more about the immigration process to have completed it properly. She is applying for her green card now. Medicaid wants her SSN. She doesn't have one, so I'll lose my benefits, too? Anyway, her concern is the real one. She believes she'll be deported from the hospital. I have little to say because I don't know much; but according to you, it sounds like we'll be ok?

Ok, this makes more sense. Well congratulations as well on the new addition that will be coming, my asawa and I have one in oven as well getting ready to pop out in January. You should not lose your benefits if you have Medicaid. So you have already filed for AOS from the K1 visa am I correct, have you done biometrics yet, when did you file for AOS? She will not be deported because she came here on a valid visa and y'all got married which was supposed to happen.

[Harpa Timsah 13,258]

Why didn't she get a SSN when her I-94 from the k-1 was valid? Why was she not put on your health insurance when you got married? Why are you trying to get medicaid when you are promising the US government that she will not be a public charge?

[Ketsuban 1,034]

Why didn't she get a SSN when her I-94 from the k-1 was valid? Why was she not put on your health insurance when you got married? Why are you trying to get medicaid when you are promising the US government that she will not be a public charge?

I believe there are some states that waive the 5 year residency requirement for pregnant new immigrants so that the USC child will not be harmed through lack of medical access.

[Georgia16 2,858]

Did you apply for the EAD and has she gotten that one? Because then she can use that to get her SSN number.

Does she not have any health care insurance after being here 9 months?

Edited November 7, 2016 by Georgia16

[EM_Vandaveer 2,417]

Emergency Medicaid for the delivery & hospital stay. It should not need SSN as everybody under a certain income is eligible, regardless of immigration status. Also won't mess with the I-864. This can only be applied for once she's in the hospital in labor.

[hustleman41 1]

You don't need ssn for medicaid. My wife was pregnant while waiting on aos process. I missed the chance to add her to my insurance. So until next open enrollment that's what we did. She didn't have ssn at the time.

[Harpa Timsah 13,258]

I find it a little offensive that people don't care about their wife's welfare enough to add them to insurance, but then are happy to make babies and take medicare. And then complain.

PSA: You have 30 days to add a spouse to insurance after marriage. If going spousal visa route, you have 30 days after they immigrate.