Birth of child, visa tourist expiring soon and nvc process just beginning

[Fr0210 4]

Hi everyone, 

 

Here is the situation: I am a french married with a US citizen (date: march 25th 2019) as I was under a tourist visa. Having a job in my home country I cam back and forth between the USA and France in order to see my wife. We started visa processing for a CR-1 in May 2019. Our I-130 has been approved in January and sent to NVC in January 16th and we are now waiting for the process to start (as a consular process). In order to spend time with my wife who's pregnant and due for May 12th, I cam back in the USA under a tourist visa in November 1st 2019.  The CBP officer granted me the entry until April 30th 2020 (6 month, as the tourist visa allows). I plan to come back to France to do the interview at the consulate and then return to USA with a CR-1 visa. I am now afraid the NVC will not have processed our case in time for me to re-enter USA under the CR-1 visa before the birth of our baby.

 

Can the NVC  make our case expedite ? And if not, can I get out of USA before the end of my stay (April 30th 2020) and come back to reboot my visa for 6 new month ?

 

Thanks for your replies. 

[NikLR 13,227]

Looking at timelines it looks like NVC and wait to interview for France is about 180 days (so from NOA2.)  That means you won't be interviewing until about june or so.  If you want to leave now, wait a month or two then revisit you certainly can do so.  You can file for the AOS as well, but that will take longer to green card than finishing up your process.

 

Each entry on your tourist visa requires you to show evidence to return home, which you obviously do not have.  Each entry is subject to the CBP officer at the POE.  Pregnancy nor the impending birth of a baby is a qualification for expedite, which of course you can try but unlikely to succeed. 

[Just Paul 4,595]

8 minutes ago, Fr0210 said:

In order to spend time with my wife who's pregnant and due for May 12th,

I would leave now (or soon) and come back in late april for the birth.

 

10 minutes ago, Fr0210 said:

Can the NVC  make our case expedite

Pregnancy is usually not a reason.   But it is free to ask.

[Fr0210 4]

3 minutes ago, NikLR said:

Each entry on your tourist visa requires you to show evidence to return home, which you obviously do not have.  Each entry is subject to the CBP officer at the POE.  Pregnancy nor the impending birth of a baby is a qualification for expedite, which of course you can try but unlikely to succeed. 

What if I have proof of my return home like tax document filed in france or family and insurances ...etc ? Also is a request to extend my stay to 1 year usable or to forget you think ? 

 

[Just Paul 4,595]

3 minutes ago, Fr0210 said:

What if I have proof of my return home like tax document filed in france or family and insurances ...etc ? Also is a request to extend my stay to 1 year usable or to forget you think ? 

 

You might as well just AOS unless you have to go back to France for something soon.

[Fr0210 4]

Just now, Paul & Mary said:

You might as well just AOS unless you have to go back to France for something soon.

Well, I will have to go back to France for the consular process (the interview at the US embassy) and for my "religious" ceremony of wedding inJuly 

[Fr0210 4]

11 minutes ago, Paul & Mary said:

Pregnancy is usually not a reason.   But it is free to ask.

They speak on the website of the government about pregnancy not being a valid excuse but what about the birth of a child ? What do you think ? 

[Just Paul 4,595]

1 minute ago, Fr0210 said:

Well, I will have to go back to France for the consular process (the interview at the US embassy) and for my "religious" ceremony of wedding inJuly 

Tough decisions.

 

IF you AOS you don;t do consular processing.   AP times are about 5 to 7 months now.

[Just Paul 4,595]

1 minute ago, Fr0210 said:

They speak on the website of the government about pregnancy not being a valid excuse but what about the birth of a child ? What do you think ? 

The is no medical need for you to be present for the birth.

[Fr0210 4]

2 minutes ago, Paul & Mary said:

Tough decisions.

 

IF you AOS you don;t do consular processing.   AP times are about 5 to 7 months now.

Yes you're right, but if I start an AOS process right now, my other CR-1 process still pending, will require me to probably do my interview in France in the meantime. So I know that AOS requires me to stay on US territory without leaving the country, would that interfer with the process ? Sorry for the confusion, it is indeed a tough situation. Thanks though for your kind replies. 

[Just Paul 4,595]

13 minutes ago, Fr0210 said:

Yes you're right, but if I start an AOS process right now, my other CR-1 process still pending, will require me to probably do my interview in France in the meantime. So I know that AOS requires me to stay on US territory without leaving the country, would that interfer with the process ? Sorry for the confusion, it is indeed a tough situation. Thanks though for your kind replies. 

You can only do one.    

 

If you do consular processing you need to figure out how to be here for the birth.

 

If you AOS you won't be able to leave until you get AP card or Green Card.  You advise NVC that you are adjusting; you file the packet.  AOS, AP, EAD, I-864.

[Ryan H 3,812]

*Moved from Progress Reports to Process & Procedures.  Thread subject to moving another forum should the OP ultimately decide to AOS.*

[NikLR 13,227]

3 hours ago, Fr0210 said:

What if I have proof of my return home like tax document filed in france or family and insurances ...etc ? Also is a request to extend my stay to 1 year usable or to forget you think ? 

 

You're in the middle of a immigrant visa process.  You have very little to tie you to France by your own admission.  Don't bother extending your stay.  If you do that you may as well AOS. 

[Fr0210 4]

1 minute ago, NikLR said:

You're in the middle of a immigrant visa process.  You have very little to tie you to France by your own admission.  Don't bother extending your stay.  If you do that you may as well AOS. 

Oh alright thanks. So I would say my only valid option I would say is to exit the USA for a week or two and return I believe before the birth. Supposing they would admit me in the country. By the way, if I do that, will my tourist visa duration of stay reboot to 6 month again ? 

[Just Paul 4,595]

1 minute ago, Fr0210 said:

Oh alright thanks. So I would say my only valid option I would say is to exit the USA for a week or two and return I believe before the birth. Supposing they would admit me in the country. By the way, if I do that, will my tourist visa duration of stay reboot to 6 month again ? 

The problem is that you are not guaranteed entry nor are you guaranteed to be able to be admitted for 6 more months . . . 

 

Hypothetical POE:

IO - purpose of your trip?

Fr0210 - to see my wife give birth.

IO - Congratulations.  WHen is she due?

Fr0210 - next week.

IO - I see you were here for 6  months and just left (he realizes you are living here and not a tourist).  I will allow you entry for 3 weeks and you need to get the correct  Visa.

 

They could also deny you entry.   Being gone for two weeks after being here for 28 weeks isn't enough to reset the clock.   You should be out of the US for a period longer than the time you were in the US.   Also note that going to Mexico, Canada or the Carribean does not reset the clock at all.