Wife is pregnant while waiting for I-130

[millefleur 5,046]

5 minutes ago, Rjjens2022 said:

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

If you mean a private plan through Marketplace/heathcare.gov, it's not state sponsored. There are tax credits based on your income but it's via the federal government and it gets reassessed when you file taxes at the end of the year. State sponsored would be Medicaid programs for people under a certain income.

 

If she has no immigrant status here in the US, that could complicate things with plans via Marketplace. Some states offer emergency Medicaid (so state sponsored) to non-citizen pregnant women but amount of coverage could vary and there could be specific requirements to meet. You should probably do your research on all of this before she decides to come here and possibly end up giving birth. It varies a lot on what state you are in as well as what your income is.

[mam521 2,023]

Another consideration - I know you’ve said delivering in the US forgoes the CRBA, but is the baby going to receive paperwork (birth certificate, passport) in time to go to Brazil with your wife when she has to leave so as not to overstay her visa? Additionally, what documentation does the baby need to enter Brazil since mom is a citizen, but baby’s Brazilian citizenship won’t have been processed yet.

[pushbrk 12,814]

1 hour ago, Rjjens2022 said:

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

It sounds like the child's birth will be the necessary "event" and that will happen BEFORE she gets her immigrant visa.

[pushbrk 12,814]

1 hour 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. 

All good but still....

 

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.

[Timona 4,207]

2 hours ago, Rjjens2022 said:

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

 

Most will require you to purchase before pregnancy. I have experience with this.

 

Additionally, to me, I see no point of coming to US, giving birth, spending all that $$ on hospital bills then going back to Brazil. Just give birth in Brazil and save hospital and $$ air fare. I know you've mentioned that you're not keen on CRBA, but it shouldn't take long. I know someone who got it within less than 6 months. Additionally, your wife's papers are in progress. So adding CRBA just merges within that timeline. 

 

My 2 cents. Rest is on you✌

 

 

[randy32 165]

The B1/B2 visa she currently has is for visiting.

If she tells CBP that she plans to have the baby in the US, I don't think she will be allowed in because she plans to use the visa for a different reason.

She would need to apply for medical visa. I think it is the same forms but has to have the medical reason on file.

 

Then there is the cost of birth and flight to consider as @Timona mentioned. CRBA is the way to go after birth outside the country.

[belinda63 3,031]

Another issue is getting the child's passport. You will have to obtain the birth certificate then apply for the passport. The child cannot leave the US without that. Is the mother willing to risk returning home without the child?

[Dashinka 24,372]

36 minutes ago, belinda63 said:

Another issue is getting the child's passport. You will have to obtain the birth certificate then apply for the passport. The child cannot leave the US without that. Is the mother willing to risk returning home without the child?

Add to that proper documentation so the child can enter Brazil when the mother returns.

 

42 minutes ago, randy32 said:

The B1/B2 visa she currently has is for visiting.

If she tells CBP that she plans to have the baby in the US, I don't think she will be allowed in because she plans to use the visa for a different reason.

She would need to apply for medical visa. I think it is the same forms but has to have the medical reason on file.

 

Then there is the cost of birth and flight to consider as @Timona mentioned. CRBA is the way to go after birth outside the country.

This may not be an issue given the spouses travel history and the fact that an I130 is already in place and the child would end up being a USC regardless of where they are born.  It really should not be looked at as "birth tourism".  The article I linked from Nolo seems to cover it although they are focusing more on someone applying for a B2, and in the OP's case, the wife already has a valid B2.  Aside from the other considerations others have already mentioned relative to the cost of giving birth in the US, getting travel documents for the child in time for the mother to depart, etc., I really don't think CBP would stop her from entering if they can prove she will leave, they can pay for the medical treatment(s), etc.

 

Overall, it is still up to the OP and their spouse as to how they will proceed, but I think either option is doable.

 

In many situations, U.S. immigration law considers pregnancy to be much like any other medical condition. Entering the U.S. for medical treatment is allowed under a B-2 visa, though you must be able to pay for it with your own funds or with private health insurance. (See the DOS Foreign Affairs Manual at 9 FAM 402.2-4(A)(2).)

 

It can be extremely expensive to give birth in the U.S., especially if complications arise. Even a birth without complications can cost around $10,000, and many insurance plans do not provide coverage outside the policyholder's home country.

 

But there's an additional consideration, particularly if you are close to your due date: In early 2020, the U.S. State Department (DOS) issued a major amendment to its regulations, restricting the ability of pregnant women to obtain B-2 tourist visas for travel to the United States. The idea is to prevent "birth tourism," or the practice of coming to the U.S. to deliver one's child so that the child can automatically obtain U.S. citizenship. (For related information, see Will Having U.S. Citizen Children Prevent Deportation of Undocumented Immigrant? )

 

The new rule does not affect people who are in the process of seeking lawful permanent residence in the U.S. (a "green card") or any other kind of temporary ("nonimmigrant") visa, such as an F-1 academic or M-1 vocational student visa or H-1B work visa. The rule also does not apply to people coming to the U.S. with visas they previously obtained or on the Visa Waiver Program.

 

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

 

 

Edited January 5, 2022 by Dashinka

[carmel34 3,611]

15 minutes ago, Dashinka said:

It can be extremely expensive to give birth in the U.S., especially if complications arise. Even a birth without complications can cost around $10,000, and many insurance plans do not provide coverage outside the policyholder's home country.

SUS, the national healthcare system in Brazil, would cost nothing for the delivery, even with complications.  Depending on her city and hospitals, the quality of care can be quite good.  OP, can you go and visit her in Brazil for the birth?  That's what I would recommend to avoid the potential problem of her being refused entry to the US by CBP at the point of entry.  Brazil currently has COVID under control so it's probably safer for her to remain there anyway.  CRBA for a US passport at the nearest US consulate/embassy following birth is probably as fast or faster than trying to get a Brazilian passport for the baby in the US so she could return to Brazil after the birth.  I personally would not feel comfortable traveling with a newborn right now.  Good luck!

Edited January 5, 2022 by carmel34

[.yana 595]

I would also worry about traveling so soon after the delivery with a newborn baby.

Let's pray that the delivery is smooth and with no complications.

[JeanneAdil 6,413]

Has anyone mentioned the airlines do not allow travel in the last trimester?

[mam521 2,023]

47 minutes ago, JeanneAdil said:

Has anyone mentioned the airlines do not allow travel in the last trimester?

He stated she'd come across in April, so essentially at the end of her second trimester.  

 

Brazil still seems like a much better place to deliver, given the circumstances.  CRBA is just a hiccup compared to the other potential outcomes and associated challenges. 

[bondy88 6]

On 1/5/2022 at 5:38 PM, carmel34 said:

CRBA for a US passport at the nearest US consulate/embassy following birth is probably as fast or faster than trying to get a Brazilian passport for the baby in the US so she could return to Brazil after the birth.  I personally would not feel comfortable traveling with a newborn right now.  Good luck!

I concur. Although from a different country but I went thru the CRBA process for my newborn recently, it was super fast. Got the passport and CRBA in mail in about 10 calendar days from the interview date. If you wanted to go the CRBA route, prepare the 5 years physical presence docs, (W2s, School/College transcripts, paystubs etc) and if you wont be attending the interview an additional form 3053 notarized in the U.S.

 

Fyi, a child getting a CRBA is considered a " natural born citizen" for all intents and purposes. Ted Cruz... :sigh: To me it was a no-brainer to have my child born abroad not only because of cost but also emotional support that my wife got from her and my side of the family.