Spouse visa application while pregnant

[Adaa 4]

Hi guys, 

Me and my boyfriend (US citizen) are planning to get married in October and in the meanwhile I found out that I am pregnant. 

We are a bit confused on what to do further, since we don't want any of us to be away from the baby for too long. Plus there will be some travel restrictions while pregnant and after I give birth. Currently I have a B1 visa for 10 years which we were considering to use while pregnant and I am due mid- March. The plan is to go there on the tourist visa in October after the wedding, stay for 3 months, but now we are trying to figure out what would be the best option to do to be able to give birth there.
Do you think that my papers will be ready from Oct to March? In case not, is it ok if I just enter the European space and travel back the next day to stay for 3 more months? Or I have to be 3 months away from US? Is it ok to travel to US on a tourist visa while married with an American citizen.

Please let me know if any of you had a similar situation and what would be the best case scenario. Thanks!

[Roel 7,192]

Just apply for your K1 fiance visa (I assume you're not married yet) and simply wait. Even if you file now, there is probably no chance you will have a visa for October. March? Probably, yes. There will be no expedite because of the pregnancy.

You cannot use your tourist visa to go to the US with the plan to stay and adjust.

Traveling back and forth will be suspicious, especially for the pregnant wife of the US citizen. There is a rather big chance you will be simply denied entry.

Also, if I were you I'd not give birth in the US - simply because it's extremely expensive and I assume you have no medical insurance there.

 

IMO, just wait for your K1 visa and then travel to the US. Simple. You have 6 month to travel to the US once the visa is issued (if I remember right) so the baby and you can travel without problems.

[EandH0904 1,184]

It's not illegal to give birth in the US as a foreigner - if you can pay for it. It's also not illegal to visit your spouse. It is fraud however to come here on a tourist visa with the intent to stay. If you get married and file a spousal visa it takes 12-18 months to come here for good. Nothing will get you here by October. 

 

So you need to decide do you want yo do the K1 and hope you get here by March or wait in your country and have the baby and get married in October. 

 

It's advisable you spend twice as ling OUTSIDE the US as you do here while on a tourist visa. Can your bf/husband stay in your country when you have the baby and while the paperwork is processed? 

 

No one here is going to advise you on the best way to commit immigration fraud. We all miss our significant others and have to endure the long waits too. 

[Abies 1,713]

1 hour ago, Adaa said:

Hi guys, 

Me and my boyfriend (US citizen) are planning to get married in October and in the meanwhile I found out that I am pregnant. 

We are a bit confused on what to do further, since we don't want any of us to be away from the baby for too long. Plus there will be some travel restrictions while pregnant and after I give birth. Currently I have a B1 visa for 10 years which we were considering to use while pregnant and I am due mid- March. The plan is to go there on the tourist visa in October after the wedding, stay for 3 months, but now we are trying to figure out what would be the best option to do to be able to give birth there.
Do you think that my papers will be ready from Oct to March? In case not, is it ok if I just enter the European space and travel back the next day to stay for 3 more months? Or I have to be 3 months away from US? Is it ok to travel to US on a tourist visa while married with an American citizen.

Please let me know if any of you had a similar situation and what would be the best case scenario. Thanks!

File the K1 visa 

[Unidentified 2,930]

Just be aware that if you file for the K1 visa there won't be a wedding in October. And once you are in the US you can't work until you've sent in your Green Card application with work authorization. Work authorization takes about 100+ days to get. 

Edited July 29, 2017 by Unidentified

[JFH 12,190]

Tourist visas are for visiting, not for living in the USA in 3-month installments with occasional trips to Europe. 

 

Why not not have a quick wedding now and get the paperwork in the mail asap? The sooner you start, the sooner it will be approved. 

 

There is no expedite for pregnancy. USCIS is not interested in your bad timing. It's not their duty to get you to the USA immediately, it's their duty to assess that those who want to come here have a legal path to do so. 

[Adaa 4]

1 hour ago, EandH0904 said:

It's not illegal to give birth in the US as a foreigner - if you can pay for it. It's also not illegal to visit your spouse. It is fraud however to come here on a tourist visa with the intent to stay. If you get married and file a spousal visa it takes 12-18 months to come here for good. Nothing will get you here by October. 

 

So you need to decide do you want yo do the K1 and hope you get here by March or wait in your country and have the baby and get married in October. 

 

It's advisable you spend twice as ling OUTSIDE the US as you do here while on a tourist visa. Can your bf/husband stay in your country when you have the baby and while the paperwork is processed? 

 

No one here is going to advise you on the best way to commit immigration fraud. We all miss our significant others and have to endure the long waits too. 

My plan is not to come and stay then adjust on the tourist visa. Just to stay for as long as visa allows me while parallely we do the paperwork for the spouse visa. Was thinking whether that is feasible. Unfortunately my bf cannot come and stay outside US because of work, mine being more flexible .

[Adaa 4]

1 hour ago, Unidentified said:

Just be aware that if you file for the K1 visa there won't be a wedding in October. And once you are in the US you can't work until you've sent in your Green Card application with work authorization. Work authorization takes about 100+ days to get. 

I'm not interested to work in until the baby is 2 yrs old not to loose the maternity leave I get from my current employer. Thanks for your answer !

[Transborderwife 4,666]

8 minutes ago, Adaa said:

My plan is not to come and stay then adjust on the tourist visa. Just to stay for as long as visa allows me while parallely we do the paperwork for the spouse visa. Was thinking whether that is feasible. Unfortunately my bf cannot come and stay outside US because of work, mine being more flexible .

And who would pay for your birth and medical care?

[SabRob 154]

1 minute ago, Adaa said:

My plan is not to come and stay then adjust on the tourist visa. Just to stay for as long as visa allows me while parallely we do the paperwork for the spouse visa. Was thinking whether that is feasible. Unfortunately my bf cannot come and stay outside US because of work, mine being more flexible .

it's not illegal to give birth in the US, nor is it illegal to visit your husband. The problem is that being pregnant and having a USC husband might make the cbp officers suspicious of your intent (even if you just want to visit) and put you on the first flight back home. 

 

The best course of action for you right now is to probably get married, apply for CR-1 and by the time you get it, you and the baby will be able to fly to the US on a cr-1 visa. Def not advisable to give birth in the US as that can be regarded as immigrant intent (even if it isnt, especially because you will not be able to fly out for a while after you give birth). Also, consider the cost of giving birth in the US - especially if you don't have insurance yet - vs the cost of giving birth in Romania. Better to be safe than sorry especially if a baby is involved. We all miss our husbands/significant others, but your #1 priority should be the baby's well-being for now. 

 

Also there is a very very very high chance of you being turned around if you enter the EU then head right back to the US. Big red flag there. 

[MajaB 2]

If your boyfriend is ready to get married like it sounds like, I advise you get married in Romania as soon as possible, before the baby is born. 

As a note of reference, gathering all the documentation for a civil marriage with a foreign in Romania is a lengthy process. Keep that in mind in case you choose this route.
Because the paperwork requirements are not the same as marrying someone of the same nationality.

 

Afterwards, once you give birth, his/her father will be able to apply for the baby’s citizenship. Gather a list with all the requirements ahead of time. Make sure he meets the requirements. You’ll find them on the embassy’s website.  

Once your baby is registered and has his/her documents squared away you can start the cr1 visa process for yourself.

You should discuss with an attorney what your best options are plus the best timing for applying.

 

However, I do not recommend you go through trying to get there prior to your birth. There are many reasons why not to, travelling on a b2 being pregnant and staying for so long is not recommendable and can diminish your chances for immigrating at a later date. The health care issue should be your biggest concern in relation to delivering your baby. It’s extremely expensive and I don’t see why you would do it even if you had the money. It doesn’t help the baby or you in any way, quite the contrary.

Plus like someone else said, going there on k1 visa is not necessarily a faster process, and the k1 visa is a non-immigrant visa. Basically, you can’t do anything except exist there for a good while until you settle your paperwork that will allow you to work, drive etc. Is not a desirable situation to be in this limiting situation with an infant.
 
 

[Adaa 4]

4 minutes ago, MajaB said:

If your boyfriend is ready to get married like it sounds like, I advise you get married in Romania as soon as possible, before the baby is born. 

As a note of reference, gathering all the documentation for a civil marriage with a foreign in Romania is a lengthy process. Keep that in mind in case you choose this route.
Because the paperwork requirements are not the same as marrying someone of the same nationality.

 

Afterwards, once you give birth, his/her father will be able to apply for the baby’s citizenship. Gather a list with all the requirements ahead of time. Make sure he meets the requirements. You’ll find them on the embassy’s website.  

Once your baby is registered and has his/her documents squared away you can start the cr1 visa process for yourself.

You should discuss with an attorney what your best options are plus the best timing for applying.

 

However, I do not recommend you go through trying to get there prior to your birth. There are many reasons why not to, travelling on a b2 being pregnant and staying for so long is not recommendable and can diminish your chances for immigrating at a later date. The health care issue should be your biggest concern in relation to delivering your baby. It’s extremely expensive and I don’t see why you would do it even if you had the money. It doesn’t help the baby or you in any way, quite the contrary.

Plus like someone else said, going there on k1 visa is not necessarily a faster process, and the k1 visa is a non-immigrant visa. Basically, you can’t do anything except exist there for a good while until you settle your paperwork that will allow you to work, drive etc. Is not a desirable situation to be in this limiting situation with an infant.
 
 

Does this mean I will be away during the whole pregnancy plus ~8 months after baby is born until my visa is processed ? Since the maternity leave here gives me 2 years of my salary I won't be able to work anyway and I do not intent to do so.

[Transborderwife 4,666]

Just now, Adaa said:

Does this mean I will be away during the whole pregnancy plus ~8 months after baby is born until my visa is processed ? Since the maternity leave here gives me 2 years of my salary I won't be able to work anyway and I do not intent to do so.

Yes.

[Adaa 4]

7 minutes ago, MajaB said:

If your boyfriend is ready to get married like it sounds like, I advise you get married in Romania as soon as possible, before the baby is born. 

As a note of reference, gathering all the documentation for a civil marriage with a foreign in Romania is a lengthy process. Keep that in mind in case you choose this route.
Because the paperwork requirements are not the same as marrying someone of the same nationality.

 

Afterwards, once you give birth, his/her father will be able to apply for the baby’s citizenship. Gather a list with all the requirements ahead of time. Make sure he meets the requirements. You’ll find them on the embassy’s website.  

Once your baby is registered and has his/her documents squared away you can start the cr1 visa process for yourself.

You should discuss with an attorney what your best options are plus the best timing for applying.

 

However, I do not recommend you go through trying to get there prior to your birth. There are many reasons why not to, travelling on a b2 being pregnant and staying for so long is not recommendable and can diminish your chances for immigrating at a later date. The health care issue should be your biggest concern in relation to delivering your baby. It’s extremely expensive and I don’t see why you would do it even if you had the money. It doesn’t help the baby or you in any way, quite the contrary.

Plus like someone else said, going there on k1 visa is not necessarily a faster process, and the k1 visa is a non-immigrant visa. Basically, you can’t do anything except exist there for a good while until you settle your paperwork that will allow you to work, drive etc. Is not a desirable situation to be in this limiting situation with an infant.
 
 

Does the fact that we will get married outside of US complicates the process? Does US recognizes foreign marriages?

[Transborderwife 4,666]

Just now, Adaa said:

Does the fact that we will get married outside of US complicates the process? Does US recognizes foreign marriages?

No complications.  You just need to translate the marriage certificate