Need help in figuring out options as wife is pregnant

[Boiler 45,558]

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. 

Well the chances of an expedite may be low but if you do not try they are zero, not sure I would call India a developing country.

[RKT 5]

Thank you everyone for your suggestions and insights. It’s very helpful. I will try the expedite on basis of hardship and see how it goes. I pray everyday that pregnancy is normal and hoping that it all goes normally and both are healthy and safe.

@Duke and Marie

Thank you very much for the insight. I was planning on adding her to my insurance and I was assuming that it would be covered immediately. I’ll try to find out more on this from my insurance. In case if my insurance is delayed or not covering then I plan to get independent insurance to just cover her. If possible I want her here so that I can be with her and take care of her. If that won’t be possible and baby is going to be born in India then I accept that. But it’s extremely painful not being there with both after sometime when I have to return back. 

 

All,

Whether expedite works or not the main issue comes down to interview time and whether she’s able to travel and make it or not. If she can’t make it then I’m looking for confirmation that consulate would help us and postpone our interview date to another time that she is able to travel. Otherwise I’m left with no option but to delay submission to NVC. Since NVC is taking a lot longer I want to let the current time be utilized for that instead of waiting until birth to submit to NVC. One thing I thought of was that if interview gets postponed and since NVC submission happened a while ago then there’s a good chance the police clearance certificate may  have expired. Is it ok to request for another one and we can take it directly to interview? Or do we need to submit to NVC again? Are there any more such things that could possibly expire and we would have to obtain again?

 

 

[Amadia 711]

18 hours ago, RKT said:

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? - No, considered fraudulent especially when an application was already filed.

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. - Wise words to listen to.

 

[Terribelle 8]

I'm currently pregnant myself with a high risk pregnancy, as stated by multiple doctors, and due in early May. I also live in a remote area in Northern Canada where the nearest hospital is over an hour away, in good weather. Being able to be with my partner sooner would be a huge help as its expected I'll be put on best rest eventually, and unable to travel in the near future due to fear I may go into labour on a plane, which could be disastrous to both the baby and myself.

Despite that, I could not get anything expedited. It seems they will only expedite if the US citizen is pregnant and needing her partner to care for her. If the foreign partner is the pregnant one they expect her to get help in her own country unfortunately.

I'm sure it wouldn't hurt anything for you to try though, I just wouldn't get my hopes up.

I wish you luck, I understand exactly how stressed you both must be right now, and I hope this turns out well for you.

[SalishSea 17,843]

5 hours 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. 

In obstetrics, there are specific criteria, providers and plans of care for normal-risk vs high-risk pregnancies.

[SalishSea 17,843]

4 hours ago, Orangesapples said:

It's a very serious condition

It's not.  It is a normal, natural process, and the vast majority of time it is safe and without complications.  

[igoyougoduke 1,656]

20 hours ago, RKT said:

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.

 

No harm in trying expedited but the case is weak.  The only expedited i see if for OP looking get his wife case processed in urgency.  Also remember that once I-130 is pulled out of the queue and not approved for expedited, the application  possibly goes to the bottom of the pile .  

[RKT 5]

1 hour ago, Terribelle said:

I'm currently pregnant myself with a high risk pregnancy, as stated by multiple doctors, and due in early May. I also live in a remote area in Northern Canada where the nearest hospital is over an hour away, in good weather. Being able to be with my partner sooner would be a huge help as its expected I'll be put on best rest eventually, and unable to travel in the near future due to fear I may go into labour on a plane, which could be disastrous to both the baby and myself.

Despite that, I could not get anything expedited. It seems they will only expedite if the US citizen is pregnant and needing her partner to care for her. If the foreign partner is the pregnant one they expect her to get help in her own country unfortunately.

I'm sure it wouldn't hurt anything for you to try though, I just wouldn't get my hopes up.

I wish you luck, I understand exactly how stressed you both must be right now, and I hope this turns out well for you.

Thank you so much for sharing and your understanding and kind words! Wishing you the best for you and your baby.

 

Expedite looks to be remote always but if they didn’t approve yours then I have a very remote chance. I want to do everything that I can so that my wife, our baby and I are together as soon as possible.

[Ontarkie 14,234]

18 hours 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. 

You may want to research the stats in the US, they are scary high.

[RKT 5]

19 hours ago, Donald120383 said:

No harm in trying expedited but the case is weak.  The only expedited i see if for OP looking get his wife case processed in urgency.  Also remember that once I-130 is pulled out of the queue and not approved for expedited, the application  possibly goes to the bottom of the pile .  

Is this true? Did others that requested expedite and got denied had longer approval times than those that didn’t?

[Boiler 45,558]

3 minutes ago, RKT said:

Is this true? Did others that requested expedite and got denied had longer approval times than those that didn’t?

Not to any noticeable extent.