Pregnant & Waiting K-3 Visa for Spouse

[missjones 0]

Hi Everyone,

I am a US citizen and my spouse is a citizen of Jamaica. We married last year in October 2006 and I moved to live with him in Jamaica in December. Our intentions were not to relocate to the US, however we are expecting our first child and decided that I should have the baby here. My family and friends are all in the US and there are too many of them to hop on a plane and go to Jamaica. SO, my husband and I are beginning this dreadful process. I mailed the I-130 petition and it was received (via USPS) on March 21st. I am still waiting for the receipt (I-797 I think) , so that I can mail the I-129F. My biggest fear is that my hubby will not be here for the birth of our first baby. I am due October 24th. I am thinking about writing an expedite request w/pregnancy documentation, because pregnancy is not a medical emergency, however I do consider it a medical condition. And this country considers it to be a life changing event, otherwise the Department of Labor would not have created the Family and Medical Leave Act (FMLA). Anything can happen during a pregnancy term, although I am hoping for the best. I am not sure if this expedite will be granted, as I am sure a lot of people may have tried this already.

Also, why are they allowing people coming here for employemnt the opportunity to expedite their petitions? I would consider the family of a US citizen to be more urgent that someone coming here to work. But then it hit me...if someone comes here to work, then they will be paying taxes and contributing to Medicaid and Social Security through deductions from their paycheck. If that was the case I would have told my husband to apply for a job here. This country is ridiculous.

[Chica Yeyé 41]

Missjones,

Why would you also file a I-129? K-1's take as much time as CR-1's... and it's better to arrive with an immigrant visa.

Also, if your baby is born in Jamaica, I believe you only need to file baby's birth with local Consulate as "birth of an American citizen" - I understand you want to be with your extended family my dear, but your poor husband may loose the chance of being there for your baby's coming into the world (man am I sappy and cheesy today!!!)

I don't think pretty much anything expedites the process... but why not call your consulate???

Best of luck and congrats on babyyyyyy!

[missjones 0]

I spoke with an Immigration Lawyer who specializes with Immigrants from the Caribbean and he strongly advised me to file for the K-3 visa. I also spoke with an Immigration Officer at the Homeland Security Office where I live and she said do the same. She stressed " I heard it takes 4 months" as though she was trying to hint and tell me that was best option. I heard the CR's take longer. Its so hard to make a decision when you get conflicting info. Especially when you check the processing dates and it seems like everything takes forever. I thought about having the baby there as well, but I am also a college student. The education system is different in Jamaica and if I chose to pursue college there I would have to start over. That would mean adding more loans to my oustanding federal loans with the US. If I stay here I could finish my degree by next year, so essentially that is why I moved back here. And on top of it, I am pregnant. So I need my hubby more for the birth of our child. I think I am going to call the embassy there. Maybe they can give me some advice. Thanks.

Missjones,

Why would you also file a I-129? K-1's take as much time as CR-1's... and it's better to arrive with an immigrant visa.

Also, if your baby is born in Jamaica, I believe you only need to file baby's birth with local Consulate as "birth of an American citizen" - I understand you want to be with your extended family my dear, but your poor husband may loose the chance of being there for your baby's coming into the world (man am I sappy and cheesy today!!!)

I don't think pretty much anything expedites the process... but why not call your consulate???

Best of luck and congrats on babyyyyyy!

[Mononoke28 135]

Every case is different. K-3s should be approved faster than CR-1/IR-1s but lately they've been approved in almost the same amount of time. It's a gamble.

[LvivLovers 39]

Every case is different. K-3s should be approved faster than CR-1/IR-1s but lately they've been approved in almost the same amount of time. It's a gamble.

I would definately go the K-3 route. That way you can take whichever one is faster. Fact is, this whole immigration process is a lot of luck and randomness. You can't know which one will get approved more quickly...it's different for everyone. Why cut off one of your options? Most likely K-3 will be faster...that's what it was designed for and if you look at the processes for K-3 vs. IR-1/CR-1 it should be obvious that there are less steps for the K-3.

[Yodrak 7]

missjones,

You are correct, pregnancy is not a medical emergency. Nor is wanting your husband to be present for the birth. (But the Department of Labor did not create the FMLA any more than USCIS created the INA. The Executive branch departments simply implement what the Legislative branch creates.)

Many people consider that their situation is more important than the other person's situation. It's subjective - no one is right or wrong. The law is what it is, if one hasn't planned around it then they live with it.

Yodrak

..... My biggest fear is that my hubby will not be here for the birth of our first baby. I am due October 24th. I am thinking about writing an expedite request w/pregnancy documentation, because pregnancy is not a medical emergency, however I do consider it a medical condition. And this country considers it to be a life changing event, otherwise the Department of Labor would not have created the Family and Medical Leave Act (FMLA). Anything can happen during a pregnancy term, although I am hoping for the best. I am not sure if this expedite will be granted, as I am sure a lot of people may have tried this already.

Also, why are they allowing people coming here for employemnt the opportunity to expedite their petitions? I would consider the family of a US citizen to be more urgent that someone coming here to work. ..... This country is ridiculous.

Edited March 30, 2007 by Yodrak

[Yodrak 7]

Len_and_Bren,

Rarely. Very rarely. A K3 visa usually completes months sooner than an immigrant visa.

Yodrak

Missjones,

Why would you also file a I-129? K-1's take as much time as CR-1's... and it's better to arrive with an immigrant visa.

Also, if your baby is born in Jamaica, I believe you only need to file baby's birth with local Consulate as "birth of an American citizen" - I understand you want to be with your extended family my dear, but your poor husband may loose the chance of being there for your baby's coming into the world (man am I sappy and cheesy today!!!)

I don't think pretty much anything expedites the process... but why not call your consulate???

Best of luck and congrats on babyyyyyy!

[missjones 0]

Yes that is true. But I still don't think its ok to have an option to expedite an employment-based petition when families have to be separated for extended periods of time. Yes, its natural for people to consider their situations to be more important. My situation is NOT more urgent because I am pregnant. My pregnancy was a decision my husband and I decided to make, and I have an option to relocate back to Jamaica and enjoy my pregnancy there. However, if people coming here to work are processed faster than those requesting to be united with their families, something is seriously wrong with the law and I strongly disagree with it. I bet if they gave US citizens the option to pay money and expedite their family petitions, they would make a lot of $$ . My point is that they need to process other petitions as fast as they are bringing people here to work. Give others the option to expedite their petitions. I think this would be an interesting national topic for the news.

missjones,

You are correct, pregnancy is not a medical emergency. Nor is wanting your husband to be present for the birth. (But the Department of Labor did not create the FMLA any more than USCIS created the INA. The Executive branch departments simply implement what the Congressional branch creates.)

Many people consider that their situation is more important than the other person's situation. It's subjective - no one is right or wrong. The law is what it is, if one hasn't planned around it then they live with it.

Yodrak

[meauxna 15]

However, if people coming here to work are processed faster than those requesting to be united with their families, something is seriously wrong with the law and I strongly disagree with it.

Uh, you do know it's America we're talking about, right?

Big Bidness has a way with the lawmakers that the average family does not.

[Yodrak 7]

missjones,

Your opinion and you're welcome to have it and to try to convince others to share it. Just recognize that other people have other opinions, and as meauxna indicates some of those others have been more convincing.

Yodrak

..... if people coming here to work are processed faster than those requesting to be united with their families, something is seriously wrong with the law and I strongly disagree with it. ...

missjones,

.....

Many people consider that their situation is more important than the other person's situation. It's subjective - no one is right or wrong. The law is what it is, if one hasn't planned around it then they live with it.

Yodrak

[missjones 0]

Yodrak,

Thanks for your reply. And I do agree with you and Meauxna's reply. As mentioned in my first forum, I am new to this and just observing the process and time waits other people have endured is very upsetting. And yes I do realize this is AMERICA, but there are some things some people cannot sit around and allow to happen. If you just mention the war in Iraq, I am sure there would be an uproar of opinions. I feel this is an issue that I am uncomfortable with, not only for myself, but for other's who are going through the same thing. And who knows, maybe something will change. Sometimes one person can make a difference. I really appreciate your feedback.

missjones,

Your opinion and you're welcome to have it and to try to convince others to share it. Just recognize that other people have other opinions, and as meauxna indicates some of those others have been more convincing.

Yodrak

[Savanphil 3]

MissJones

Congratulations, on your pregnancy

We did a K-3 from Jamaica and it moved waaay faster than the Cr-1. If being together is what matters most than the K-3 would make that happen. If having a green card and working abilities matter most, than wait it out for the CR-1. Because I'm not going to lie AOS in a pain in the batty fi true good luck

Edited March 30, 2007 by Savanphil