Need help in figuring out options as wife is pregnant

[RKT 5]

Hi All

 

Following is my timeline so far:

I-130 Sent: 08-15-2019

Service Center: Texas

PD: 08-16-2019

NOA1: 08-20-2019
Consulate: Mumbai, India

 

I recently found out that my wife is pregnant and we’re expecting our baby in Sep. I need help in determining my options.  Based on VJ timeline it’s estimating my NOA2 between end of Feb to March. Looking at others’ at Texas center it shows about a month for NVC welcome letter and around 5 months till NVC case complete. And looking at India forum it looks like Mumbai consulate takes about 2 months or more for interview. So if I get lucky and everything goes smooth then I can expect interview in 6 to 7 months around Aug or Sep. Problem is since it’s close to delivery date my wife can’t travel by flight to Consulate for interview. So:

 

1. Does it make sense to file for K3 now to speed up process or if it takes about 3 months then it doesn’t help. I see that some ppl that filed near July end are getting NOA2 approvals so probably Aug can be expected within a month or two.

 

2. Can I file request to expedite as wife is pregnant and causing hardship on both of us as her family members are in distant cities that they cannot care for her in her condition. Her sister is close by but since she has full time job she isn’t at home during day to provide care to my wife. My wife also stopped working to take care of herself and with just myself working I need to cover all of our medical expenses. After baby it will be even more difficult to handle by herself alone. With her coming to US my parents (dad retired) and I (work from home) can take care of her in her condition and with insurance be able to handle medical expenses. I found the following link that lists pregnancy as a reason to expedite:

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-6254.html

“c) Exceptional Circumstances.
The following are some examples of exceptional circumstances when USCIS will likely authorize DOS to accept and process an I-130 petition:

...

(2)      Medical emergencies: A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel. This includes the situation where a petitioner or beneficiary is pregnant and delaying travel may create a medical risk or extreme hardship for the mother or child.”

 

Based on above can I request for expedite and would I be able to complete the whole process and get visa by June so that airlines allow her to travel?

 

3. If through expedite or in case it’s denied and by extreme luck standard NVC process speeds up and we get through interview by July and she gets her visa but isn’t able to travel to US then can she wait till baby is born and both are able to travel (in Nov) and travel then? Would there be any issue? Baby name is not present in any of the documents (sealed envelope). Would that create a problem at POE? Would coming towards end of visa validity create a problem at POE? Can we explain that due to baby we had to wait till both are able to travel.
 

4. How long is the IR1/CR1 visa valid for? 6 months? I heard that it may be 6 weeks at Mumbai Consulate. Is that true? I’m unable to find anywhere that states that it’s 6 weeks and medical exam report validity typically given for 6 months. Can we request consulate officer to give longer visa validity or can we retake medical exam and request for longer visa validity after getting visa?

 

5. If expedite is denied and I have to follow standard process then after filing NVC and if interview date is around delivery date then can I postpone interview date? Would consulate allow postponing of interview date as wife can’t travel due to pregnancy? If so then can I request date of my choosing (Around Nov or Dec) such that wife and baby can both travel to consulate and also immediately to US?
 

6. If interview is postponed and baby is born then do I need to restart NVC all over again to also include baby name?

As per the following link it states that if baby is born then it can be added to petition but need to inform NVC or Consulate:
 

“http://cdn.ustraveldocs.com/in/in-gen-faq.asp#qlistgenquestions6

 

Q.6 Can the children of an immigrant visa applicant be included in a single petition?

Children of U.S. citizens are considered Immediate Relatives (IR) and must have individual petitions filed for them. Petitions for immediate relatives may be filed simultaneously at U.S. Citizenship and Immigration Services. Children of applicants with family-based petitions (F category) may derive immigration benefits from the same petition provided that they are single and under 21. Such children are called derivatives for purposes of immigration. Only biological or legally-adopted children are entitled to derivative status. A non-orphan adopted child must have been legally adopted before the age of 16 and must have been in the physical and legal custody of the adoptive parent for at least two years. A child born after a petition was filed and approved may be registered or added on to the petition as a derivative. The principal applicant should submit photocopies of the child's birth certificate and child’s passport to the NVC or the U.S. Embassy or Mumbai Consulate and pay the corresponding visa processing fee.”

 

Is just informing sufficient? Am I forced to restart NVC?

 

7. Another painful option is to wait till baby is born and submit to NVC but if we do that in Sep then by the time we get interview it may be March next year or more. 
 

Also just to confirm our baby will be a US citizen right after filing for CRBA and US passport simultaneously at consulate? I was naturalized and physically present (past 5 W2s is ok?) in US more than 11 years ago. That should qualify for transfer of citizenship and shouldn’t be any problem for CRBA approval right?

 

Also how are you able to cope with the incredible pain of being continents away from your spouse (and kids if present)? Not able to travel often to visit my wife.

 

Also my wife has B1/B2 travel visa. Is there any way for her to come here to US on that and resume I-130 here and NVC here itself and take interview here in US?

I’ve gotten advice that it’s extremely risky to come here on travel visa as if turned away then it’s an automatic 5 yr travel ban.

 

Requesting for help in determining my best options to move forward with my current situation.

 

[milimelo 4,486]

No expedite for regular pregnancy. 
 

If you’re a USC you’ll just do CRBA after the baby is born to get the paper and passport. 
 

No, she can’t use tourist visa to immigrate - that would be fraud. 

[Just Paul 4,595]

6 hours ago, RKT said:

1. Does it make sense to file for K3 now to speed up process or if it takes about 3 months then it doesn’t help. I see that some ppl that filed near July end are getting NOA2 approvals so probably Aug can be expected within a month or two.

You can try that - it costs nothing.   I haven't seen anyone reporting that working in a while.

6 hours ago, RKT said:

4. How long is the IR1/CR1 visa valid for? 6 months? I heard that it may be 6 weeks at Mumbai Consulate. Is that true? I’m unable to find anywhere that states that it’s 6 weeks and medical exam report validity typically given for 6 months. Can we request consulate officer to give longer visa validity or can we retake medical exam and request for longer visa validity after getting visa?

It is valid for 6 months from the date of the medical.    But you slow things down if needed.   The consulate can delay the interview.  You have to work that out with them.

 

6 hours ago, RKT said:

Also just to confirm our baby will be a US citizen right after filing for CRBA and US passport simultaneously at consulate? I was naturalized and physically present (past 5 W2s is ok?) in US more than 11 years ago. That should qualify for transfer of citizenship and shouldn’t be any problem for CRBA approval right?

Yes

6 hours ago, RKT said:

2. Can I file request to expedite as wife is pregnant and causing hardship on both of us as her family members are in distant cities that they cannot care for her in her condition.

Again you can ask.  Costs nothing.

 

You sure aren't making this process any easier on the two of you.

 

[SASAS 122]

You can try expediting once you get a case number at the nvc. There’s no harm in trying. 

[Boiler 45,558]

She can visit during the process, but not immigrate and I never know about the Pregnancy expedite, I have seen people who have said they got one, quite what constitutes a regular pregnancy is beyond me, have a go, no harm.

[pushbrk 12,908]

1 hour ago, Boiler said:

She can visit during the process, but not immigrate and I never know about the Pregnancy expedite, I have seen people who have said they got one, quite what constitutes a regular pregnancy is beyond me, have a go, no harm.

I haven't seen everything but the pregnancy expedites I've known about were when the US Citizen was the pregnant one.  There's a pinned discussion on pregnancy expedite at the top of this forum.

 

 

Edited January 28, 2020 by pushbrk

[Boiler 45,558]

I know about that thread and to some extent I wonder about others I have seen and exactly what the details of the case were, seen too many people put down a reason for something happening when another seems more likely. Expedites do seem shall we say varied so always have a go. Free to do so, just do not expect a positive response.

[carmel34 3,635]

13 hours ago, RKT said:

(2)      Medical emergencies: A petitioner or beneficiary is facing an urgent medical emergency that requires immediate travel. This includes the situation where a petitioner or beneficiary is pregnant and delaying travel may create a medical risk or extreme hardship for the mother or child.”

 

Based on above can I request for expedite and would I be able to complete the whole process and get visa by June so that airlines allow her to travel?

The only way I see the expedite working is if you submit evidence, documents from a doctor, that prove that her condition is urgent, a medical emergency, with medical risk involved.  From what you have described, it sounds like a normal pregnancy.  What would be the "extreme hardship" or "medical risk" if she gives birth in India and then travels after that?  Think about this from a reviewing officer's perspective and send with your expedite request, the evidence to support your statements.  A letter from you will most likely not be enough.  All the approved expedites I have seen here on VJ for two years had medical documentation to back up the request.  Give it a try and see what happens as there is no fee involved.  I hope it works out for you whatever happens.  Good luck!

[Duke & Marie 1,389]

Not sure about the expedite pregnancy is not genrally classified as emergency.. 

 

On this topic.. if you did get it.. how do you plan of covering costs of giving birth?

 

Genrally in i130 file case, spouse can’t get on any insurance policy until they’ve physically relocated to the states (if you didn’t add them right after marriage).. once added there’s genrally a period of wait before she’s actually covered and she’d have to disclose the pregnancy.. 

 

im not sure of the actual cost, but I’m hearing giving birth without insurance is very expensive.

 

i think whilst it’s obvious you want your wife there, it might be easier to let the process play out, let the child be born in mom’s country, apply for us citizenship and passport then bring them over once her case is complete... you can always visit her when baby is due, far better than having a heavily pregnant woman fly.. not forgetting airline policy, many will not permit her to fly after 34 weeks especially long haul 

[Orangesapples 1,954]

3 hours ago, Boiler said:

She can visit during the process, but not immigrate and I never know about the Pregnancy expedite, I have seen people who have said they got one, quite what constitutes a regular pregnancy is beyond me, have a go, no harm.

I don't know what a regular pregnancy is either. Any pregnancy is inherently risky and even life threatening, even a normal pregnancy (young, healthy woman) can suddenly turn into an emergency. 

[pushbrk 12,908]

16 minutes ago, Orangesapples said:

I don't know what a regular pregnancy is either. Any pregnancy is inherently risky and even life threatening, even a normal pregnancy (young, healthy woman) can suddenly turn into an emergency. 

But it's NOT an emergency until it is.  Then, it's too late.  Pregnancy occurs EVERYWHERE and people deal with it.  This sounds like a timing issue, not a hardship or emergency.

[Orangesapples 1,954]

2 minutes ago, pushbrk said:

But it's NOT an emergency until it is.  Then, it's too late.  Pregnancy occurs EVERYWHERE and people deal with it.  This sounds like a timing issue, not a hardship or emergency.

Pregnancy and childbirth is the leading cause of death among young women in developing countries. I wouldn't call that "dealing with it". It's a very serious condition. 

[geowrian 22,337]

Every action has risks. Even everyday actions carry life threatening risks.

I could fall in the shower tonight and spend the next 6 months in a coma.

I could drive to work tomorrow and never make it home.

I have a medical condition that could put me in the ER (or worse) any day.

The point is that it's not an emergency unless that actually happens. Until then, you manage your life the best you can. If an emergency pops up, then you assess the situation and move from there.

[Cyberfx1024 7,980]

2 minutes ago, Orangesapples said:

Pregnancy and childbirth is the leading cause of death among young women in developing countries. I wouldn't call that "dealing with it". It's a very serious condition. 

But a pregnancy by itself is not a reason for a expedite at all. So unless they have a serious issue with the pregnancy then there is no reason for a expedite

[pushbrk 12,908]

Just now, Orangesapples said:

It's a very serious condition. 

Which is dealt with all over the world many times every day.  That a thing is not "dealt with" in such a way to have a satisfactory result each time does not mean it is not "dealt with".  Childbirth, AND all it's glories and dangers are a part of life.