Is a fiance or marriage visa a better path if getting pregnant during the application process?

[az_jared 3]

My fiance and I are both almost 43 and want a child very much. By the time a visa is given, it may be too late to start a family. How does getting pregnant/having a child during the application process affect the process? Does anyone have experience with this? Would it be better to apply for a fiance or a marriage visa if we may get pregnant/have a child during the process?

[Crazy Cat 41,593]

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

***Moved to "What Visa Do I Need"******

[Boiler 45,292]

It is a plus 1 to the I 864

[JeanneAdil 6,410]

doesn't not affect the process but does affect the income needed

if female is bene the child would need CBRA if born out of US

 

And know the risks 

 

https://www.babycenter.com/getting-pregnant/preparing-for-pregnancy/age-and-fertility-getting-pregnant-in-your-40s_1494699

 

By age 43, your egg supply is near its end. Your risk of pregnancy complications, such as high blood pressure and gestational diabetes, increases after 35 as well, and continues to rise into your 40s. Miscarriage rates begin to skyrocket in your 40s as well.

 

Best wishes for the 2 of u

Edited June 11, 2023 by JeanneAdil

[Daphne . 1,845]

If your question is if it will speed up the process, the answer is no. 
 

If you haven’t even started the process yet and the pregancy happens now, just realize that the other partner might not be able to be there during the birth and mom might have to take care of the baby on her own for a bit.
 

Babies and immigration aren’t always the best combo. 

[SalishSea 17,736]

2 hours ago, az_jared said:

My fiance and I are both almost 43 and want a child very much. By the time a visa is given, it may be too late to start a family. How does getting pregnant/having a child during the application process affect the process? Does anyone have experience with this? Would it be better to apply for a fiance or a marriage visa if we may get pregnant/have a child during the process?

No impact to the immigration side of things.   Personally, the ability to work and support a family immediately upon arrival could be a deciding factor.

[Crazy Cat 41,593]

Just now, SalishSea said:

Personally, the ability to work and support a family immediately upon arrival could be a deciding factor.

Good point.

[Redro 4,611]

4 hours ago, az_jared said:

My fiance and I are both almost 43 and want a child very much. By the time a visa is given, it may be too late to start a family. How does getting pregnant/having a child during the application process affect the process? Does anyone have experience with this? Would it be better to apply for a fiance or a marriage visa if we may get pregnant/have a child during the process?

Are all factors of starting a family together important to you? 
Depending on where beneficiary is from you might want to consider moving to that country and starting a family there - if immigration is easier, access to fertility treatments is easier and cheaper… 

Then consider moving to the US when child is school going age. 

[Dashinka 24,364]

11 hours ago, SalishSea said:

No impact to the immigration side of things.   Personally, the ability to work and support a family immediately upon arrival could be a deciding factor.

Except as @Boiler pointed out, additional dependents for the affidavit of support.

 

To the OP, the spousal visa is far superior regardless of if children are involved.  This will become even more so from a cost standpoint when USCIS raises their fees which seem to be targeted toward adjustment of status which would hit K1's.

 

Good Luck!

[Lemonslice 4,792]

As an immigrant, you are also much better protected with the spousal visa.  Should something happen, you are able to stay in the US and (co-)parent.  As a fiancé, should things go sour before the adjustment of status is completed, you are very, very, limited in ways to stay in regular contact with your child.  

[Ellie_7 103]

Spousal visa is better. Pregnancy will not expedite the process of getting an immigrant or K-1 visa.

I know a couple who applied for the spousal visa & had a child before the visa interview. Not only were they able to successfully get their baby a U.S passport, etc., the consular officer made specific and direct comments about their choice to have a child and that it played a favorable role in his approving the spousal visa at the interview. Of course not all cases & circumstances are the same. 

You are right: "By the time a visa is given, it may be too late to start a family."

Time is your enemy, not your friend, for having a child at this stage in life.

God bless you in your journey.

[JeanneAdil 6,410]

vote for marriage

AOS for green card after US marriage is suppose to go up fro  $1225 to $2830

process for spouse is cheaper plus u have to travel anyway to satisfy immigration for quality time together 

i am assuming from your ID here of the country u may be from and some countries require a lot of quality time

 

[az_jared 3]

On 6/11/2023 at 1:55 PM, JeanneAdil said:

doesn't not affect the process but does affect the income needed

if female is bene the child would need CBRA if born out of US

 

And know the risks 

 

https://www.babycenter.com/getting-pregnant/preparing-for-pregnancy/age-and-fertility-getting-pregnant-in-your-40s_1494699

 

By age 43, your egg supply is near its end. Your risk of pregnancy complications, such as high blood pressure and gestational diabetes, increases after 35 as well, and continues to rise into your 40s. Miscarriage rates begin to skyrocket in your 40s as well.

 

Best wishes for the 2 of u

Thank you very much for replying. Can you explain more about how the income needed changes? I will be filing with a joint sponsor on either visa I apply for. With the need for a joint sponsor, am I more likely to be approved for a fiance or marriage visa?

 

[az_jared 3]

11 hours ago, Dashinka said:

Except as @Boiler pointed out, additional dependents for the affidavit of support.

 

To the OP, the spousal visa is far superior regardless of if children are involved.  This will become even more so from a cost standpoint when USCIS raises their fees which seem to be targeted toward adjustment of status which would hit K1's.

 

Good Luck!

Thank you. What is OP?

[az_jared 3]

On either path, what would I need to file to update USCIS if becoming pregnant after the application is filed? Is there any danger either visa would be denied if becoming pregnant during the process?