My wife, an USA citizen is pregnant, can I go there for the birth of our child?

[Mitja 1]

Hello,

 

my name is Mitja Duh, I am a citizen of Slovenia, Europe, my wife is an USA citizen and she is pregnant with our 2nd child. Her due date is September 27th and she will have to have a C-section. Of course, she would need help with the baby after birth and we are wondering, if there is ANY WAY that I would be able to visit her in the USA, be there for the birth of our child and afterwards help her with the baby ...?

 

We would be so much grateful for any answer or insight on this matter.

 

Thanks to anyone who reads the question and answers, I so much appreciate your time.

 

Best regards,

 

Mitja Duh

 

 

[Boiler 45,486]

I thought Slovenia is a VWP country?

 

https://si.usembassy.gov/visas/visa-waiver-program/

[Just Paul 4,595]

If you don't qualify for a VIsa Waiver then you have to apply for a Visa

[Mitja 1]

Hello. Thank you for your quick answers. 

I am so sorry  but I completely forgot to write more about where we are in the Visa process.

 

We are currently in the NVC stage of our IR1 Spouse Visa process. Our USCIS petition was approved on November 23rd 2020.

I can not file for an ESTA (Tourist Visa) because I have been refused entry into the USA under INA 213 on November the 4th 2017 and it says that I can come back to the USA only with the appropriate VISA, such as K1 or IR1/CR1 which of course, we've been in the process of the later option. We got married on January 13th 2018 in Slovenia and have sent our petition to the USCIS in December 2019.

My wife, as I have said, is  now pregnant, and we are wondering if there is anything to be done so that I could visit her and be there for the birth of our baby in September 2021?

 

[Boiler 45,486]

Sounds like you need a B Visa or hope that your case is processed by then.

 

Why were you refused entry, not the code, what happened?

[mushroomspore 3,044]

8 minutes ago, Mitja said:

Hello. Thank you for your quick answers. 

I am so sorry  but I completely forgot to write more about where we are in the Visa process.

 

We are currently in the NVC stage of our IR1 Spouse Visa process. Our USCIS petition was approved on November 23rd 2020.

I can not file for an ESTA (Tourist Visa) because I have been refused entry into the USA under INA 213 on November the 4th 2017 and it says that I can come back to the USA only with the appropriate VISA, such as K1 or IR1/CR1 which of course, we've been in the process of the later option. We got married on January 13th 2018 in Slovenia and have sent our petition to the USCIS in December 2019.

My wife, as I have said, is  now pregnant, and we are wondering if there is anything to be done so that I could visit her and be there for the birth of our baby in September 2021?

 

ESTA is not the same as the B tourist visa, just FYI. Understanding the terminology is important because in the legal world, words have very specific meanings. It would help if you gave more details about why you were refused. Since you can't do ESTA/VWP, then your only options are to try for the B visa (difficult to say what your chances of approval are...with a previous refused entry and a pending spousal petition, chances are probably somewhat low) or hope that your immigrant visa will be granted before September.

[carmel34 3,626]

You could ask for an expedite for the spousal visa, based on humanitarian grounds of hardship for your USC wife.  Maybe a long shot, but there's no cost to try, and probably a better chance for an NVC expedite than a B2 approval.  Is Slovenia scheduling spousal visa interviews?  If so, your interview should be coming soon since the petition was approved seven months ago.  Good luck!

[Mitja 1]

2 hours ago, Boiler said:

Sounds like you need a B Visa or hope that your case is processed by then.

 

Why were you refused entry, not the code, what happened?

I went to the USA on a Tourist Visa (ESTA) to visit my girlfriend (now my wife). They thought that I would marry her and like, not return from the USA so they denied me entry. I didn't know for any K1 visas or anything at that time. We weren't even engaged. So that was quite a challenge.

2 hours ago, mushroomspore said:

ESTA is not the same as the B tourist visa, just FYI. Understanding the terminology is important because in the legal world, words have very specific meanings. It would help if you gave more details about why you were refused. Since you can't do ESTA/VWP, then your only options are to try for the B visa (difficult to say what your chances of approval are...with a previous refused entry and a pending spousal petition, chances are probably somewhat low) or hope that your immigrant visa will be granted before September.

Got it. Thank you very much for your answer. It was really helpful.

[Mitja 1]

23 minutes ago, carmel34 said:

You could ask for an expedite for the spousal visa, based on humanitarian grounds of hardship for your USC wife.  Maybe a long shot, but there's no cost to try, and probably a better chance for an NVC expedite than a B2 approval.  Is Slovenia scheduling spousal visa interviews?  If so, your interview should be coming soon since the petition was approved seven months ago.  Good luck!

That sounds good. We are in the NVC Stage but we haven't submitted all the documents yet. I have just scanned the Financial Documents today and will upload them shortly. 

Do you know where I could request for an expedite for the spousal visa?

[carmel34 3,626]

28 minutes ago, Mitja said:

Do you know where I could request for an expedite for the spousal visa?

Call NVC after all your documents are uploaded and explain your situation and ask about expediting your case.  If the Slovenia embassy is scheduling spousal visa interviews (CR-1/IR-1), they might listen and give you the chance to submit documentation justifying the expedite.  If they give you that option, make sure you have documentation showing hardship to your USC spouse to send them or to upload if they ask for it.  Some who try to expedite don't get any further than the verbal request, so be prepared for that possible outcome.  Your USC spouse could also try to call NVC. 

 

Phone (for immigrant visa inquiries only): (603) 334-0700

Customer Service Representatives are available from 7:00 AM to 12:00 midnight Monday through Friday, excluding federal holidays. Due to high call volumes, wait times may exceed 30 minutes. Many of your questions can be answered in the FAQ’s section of this website. You can see the current status of your case or make updates by logging into the Consular Electronic Application Center at https://ceac.state.gov.

 

Good luck!

[SalishSea 17,828]

1 hour ago, carmel34 said:

You could ask for an expedite for the spousal visa, based on humanitarian grounds of hardship for your USC wife.  Maybe a long shot, but there's no cost to try, and probably a better chance for an NVC expedite than a B2 approval.  Is Slovenia scheduling spousal visa interviews?  If so, your interview should be coming soon since the petition was approved seven months ago.  Good luck!

They will not expedite for routine pregnancy/birth.

[SalishSea 17,828]

46 minutes ago, Mitja said:

That sounds good. We are in the NVC Stage but we haven't submitted all the documents yet. I have just scanned the Financial Documents today and will upload them shortly. 

Do you know where I could request for an expedite for the spousal visa?

https://www.visajourney.com/forums/topic/671722-no-pregnancy-is-not-grounds-to-expedite-your-process/

[Puneetashley 20]

Why don't you complete your timeline? before asking any question here. Whenever someone is asking questions we go to there timeline and understand there situation. Without there timeline it's hard to help. 

[Carpe Vinum 2,327]

1 hour ago, Jorgedig said:

They will not expedite for routine pregnancy/birth.

This is true but there is no harm in asking. Be sure to have your doctor provide you with any statements of complications that might apply. At worst you will be right where you are now.

[ameise 25]

I was in the same situation with the due date of my first child fast approaching. I had a B2 visa on my passport from before, but decided not to use it after filing i-130. I made a request to expedite, and was able to move through quickly from NVC to consulate and to the interview. At the interview I requested they expedite stamping of the visa, which they did the next day, and I flew out the day after. Made it just in time for the birth! So definitely give it a try, no harm in that.

Edited June 21, 2021 by ameise