Wife is pregnant while waiting for I-130

[Rjjens2022 16]

Hi all, my wife is pregnant and is due in July. We're waiting on her I-130 to process which we filed back in May. My Wife went back to her country and currently holds a B1/B2 visa. I'm just curious if I can have the baby delivered here in the United States? I found out I can have her added to my health insurance but not until the baby is born. I'm just curious will CBP will turn away if she comes back? If we can provide proof we can pay for it is it good?

[Boiler 44,013]

Nobody can tell you if she will be allowed entry, that is up to the officer inspecting her.

 

Can she try, yes.

[Dashinka 23,549]

I am not sure CBP would turn her away just for pregnancy considering how many people come here to the US for pregnancy tourism.  In your wife's case, as long as she has proof of the ties she has that shows she will return and as you mentioned, proof that you can pay for the subsequent medical bills associated with the pregnancy/delivery, she should not have any issues.

 

Good Luck!

 

This may be helpful.

 

https://www.nolo.com/legal-encyclopedia/can-i-travel-to-the-u-s-while-pregnant.html

Edited January 4, 2022 by Dashinka

[SalishSea 17,050]

She may get scrutiny (and rightly so) about whether she would actually return to her country in this situation.  Betting she would just try to stay and adjust status, to circumvent the wait.

[hunny&me 271]

As others said, no guaranteed answer.  B1/B2 is a non-immigrant visa.  Immigration Officer will see that she has a pending I-130 application for immigration visa.  So, there is conflict with visa use and reason of entry.  Proof that leaving the country intent prior to expiry of I-94 will need to be strong.    Entering via tourist visa has maximum 6 months, can be extended - but again under approval of USCIS.  One of our friends was given a short 2 month stay.  In the end - it is the officer's decision to approve or deny entry and the decide on length of stay.

 

As for insurance, did your insurance tell you that you cannot add your wife yet?  I was able to add my husband on mine after we got married.  Reason am saying this if you wife was approved entry, your wife will probably have check-ups prior to giving birth, so it will be good to have insurance.  Also, maybe your insurance has international coverage or will reimburse you for medicals abroad.  

 

Have you tried filing K3?  Few of us that filed last year (both I-130/K3), got a fast approval of I-130 (but waiting in NVC backlog). Or you can try requesting expedite too.

 

If this is my situation, I will probably not risk it coz of the knowledge that am using a tourist visa, but I do have intention to stay (pending I-130).  Having a baby will mean I have to stay longer, etc, etc.  I will just wait on I-130 for processing. - but this is me.

 

Good luck to you!

Edited January 4, 2022 by hunny&me

[Rjjens2022 16]

18 minutes ago, hunny&me said:

As others said, no guaranteed answer.  B1/B2 is a non-immigrant visa.  Immigration Officer will see that she has a pending I-130 application for immigration visa.  So, there is conflict with visa use and reason of entry.  Proof that leaving the country intent prior to expiry of I-94 will need to be strong.    Entering via tourist visa has maximum 6 months, can be extended - but again under approval of USCIS.  One of our friends was given a short 2 month stay.  In the end - it is the officer's decision to approve or deny entry and the decide on length of stay.

 

As for insurance, did your insurance tell you that you cannot add your wife yet?  I was able to add my husband on mine after we got married.  Reason am saying this if you wife was approved entry, your wife will probably have check-ups prior to giving birth, so it will be good to have insurance.  Also, maybe your insurance has international coverage or will reimburse you for medicals abroad.  

 

Have you tried filing K3?  Few of us that filed last year (both I-130/K3), got a fast approval of I-130 (but waiting in NVC backlog). Or you can try requesting expedite too.

 

If this is my situation, I will probably not risk it coz of the knowledge that am using a tourist visa, but I do have intention to stay (pending I-130).  Having a baby will mean I have to stay longer, etc, etc.  I will just wait on I-130 for processing. - but this is me.

 

Good luck to you!

It's a complicated thing and prefer to have the baby in USA because it will automatically be a citizen and don't have to go the CRBA route. My wife has actually been back and forth and has followed the rules when she visited me. Actually she was recently here to visit me with a I-130 pending and we had no problems.           Unfortunately, when we got married I did not add her on my insurance since she was mainly going to be in Brazil most of the time. This pregnancy was not planned either and I called my employers health insurance and they stated not until the baby is born I cannot qualify to change since it's out of enrollment period. The qualifying life event and my employer dictates what governs. I'm thinking of providing the CBP with my pay stub and explaining the situation I know mostly they care about my ability to pay and of course I'd have a return ticket.        I also have filed the K-3 as of Nov. 23rd but I haven't hear anything yet.

Edited January 4, 2022 by Rjjens2022

[pushbrk 12,330]

3 minutes ago, Rjjens2022 said:

It's a complicated thing and prefer to have the baby in USA because it will automatically be a citizen and don't have to go the CRBA route. My wife has actually been back and forth and has followed the rules when she visited me. Actually she was recently here to visit me with a I-130 pending and we had no problems.           Unfortunately, when we got married I did not add her on my insurance since she was mainly going to be in Brazil most of the time. This pregnancy was not planned either and I called my employers health insurance and they stated not until the baby is born I cannot qualify to change since it's out of enrollment period. The qualifying life event and my employer dictates what governs. I'm thinking of providing the CBP with my pay stub and explaining the situation I know mostly they care about my ability to pay and of course I'd have a return ticket.        I also have filed the K-3 as of Nov. 23rd but I haven't hear anything yet.

The catch 22, is that providing CBP information that makes it clear your wife plans to have the baby in the USA, AND that she's married to a US Citizen, is likely to raise more issues than it solves.  I understand why you would want to do this but they are going to make their decision based on what they SEE as the totality of circumstances.   HER circumstances include immigrant intent, and the possibility of complications requiring her to overstay.  Then there is the whole issue of how long after entry will the baby be due.  There are air travel issues associated with pregnancy that will tend to require more than just a short visit.

[Rjjens2022 16]

Just now, pushbrk said:

The catch 22, is that providing CBP information that makes it clear your wife plans to have the baby in the USA, AND that she's married to a US Citizen, is likely to raise more issues than it solves.  I understand why you would want to do this but they are going to make their decision based on what they SEE as the totality of circumstances.   HER circumstances include immigrant intent, and the possibility of complications requiring her to overstay.  Then there is the whole issue of how long after entry will the baby be due.  There are air travel issues associated with pregnancy that will tend to require more than just a short visit.

Not sure if I mentioned the plan would her to come in April.

[pushbrk 12,330]

2 minutes ago, Rjjens2022 said:

Not sure if I mentioned the plan would her to come in April.

Will she have a round trip ticket?  If so, what is the planned date of her return to Brazil?  When April arrives, how long will she have been outside the US?  How long was her most recent stay?  Does her travel history look like she's a visitor, or close to maximizing her authorized stays while minimizing her exit time?  All this will be seen and is relevant to their decision.

[hunny&me 271]

1 minute ago, pushbrk said:

The catch 22, is that providing CBP information that makes it clear your wife plans to have the baby in the USA, AND that she's married to a US Citizen, is likely to raise more issues than it solves.  I understand why you would want to do this but they are going to make their decision based on what they SEE as the totality of circumstances.   HER circumstances include immigrant intent, and the possibility of complications requiring her to overstay.  Then there is the whole issue of how long after entry will the baby be due.  There are air travel issues associated with pregnancy that will tend to require more than just a short visit.

Yes, the 'catch22' phrase was what I was to about to say.  Having a baby is a big reason to stay or stay longer.  Should you try and be successful, as soon as she gets here, try to request a change with your office to add her.  I think change in residence/country is a qualifying event.

 

 

[pushbrk 12,330]

2 minutes ago, hunny&me said:

Yes, the 'catch22' phrase was what I was to about to say.  Having a baby is a big reason to stay or stay longer.  Should you try and be successful, as soon as she gets here, try to request a change with your office to add her.  I think change in residence/country is a qualifying event.

 

 

Arrivals on B1/B2 visas are visits, not change of residence.  Her arrival using an immigrant visa would most likely be a qualifying event, (It was in my case back in 2006, with my employer plan.) but that can vary by company and even sometimes by interpretation by plan administrators.

[Rjjens2022 16]

15 minutes ago, pushbrk said:

Will she have a round trip ticket?  If so, what is the planned date of her return to Brazil?  When April arrives, how long will she have been outside the US?  How long was her most recent stay?  Does her travel history look like she's a visitor, or close to maximizing her authorized stays while minimizing her exit time?  All this will be seen and is relevant to their decision.

She will have a round trip ticket the plan would be her to stay the majority of the time until November. She has not maximized her stays but she's left  early. We have told nothing but truth saying to stay with me. Last time she entered in October she was given the full 6 months but left in December with the I-130 pending. We have always listened to the rules and she has reiterated that to them and they've let her in. 

[Rjjens2022 16]

13 minutes ago, pushbrk said:

Arrivals on B1/B2 visas are visits, not change of residence.  Her arrival using an immigrant visa would most likely be a qualifying event, (It was in my case back in 2006, with my employer plan.) but that can vary by company and even sometimes by interpretation by plan administrators.

I will call them again to ask. I know that I can actually get a state sponsored plan for that event.

[SalishSea 17,050]

5 minutes ago, Rjjens2022 said:

I will call them again to ask. I know that I can actually get a state sponsored plan for that event.

Your state pays for foreign tourists to come and have babies in the US?

7 minutes ago, Rjjens2022 said:

She will have a round trip ticket the plan would be her to stay the majority of the time until November. She has not maximized her stays but she's left  early. We have told nothing but truth saying to stay with me. Last time she entered in October she was given the full 6 months but left in December with the I-130 pending. We have always listened to the rules and she has reiterated that to them and they've let her in. 

Round trip tickets are meaningless in terms of intent.

[Rjjens2022 16]

18 minutes ago, Jorgedig said:

Your state pays for foreign tourists to come and have babies in the US?

Round trip tickets are meaningless in terms of intent.

No as in you buy insurance based on your income you still pay for it.