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

[Crazy Cat 41,594]

3 minutes ago, az_jared said:

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?

Only after a child is born would it require an additional or updated filing. 

[Redro 4,611]

17 minutes ago, az_jared said:

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?

 

I-134 and I-864 are used for fiance visa. 

Only I-864 is used for spousal visa. 

If you apply for the fiance visa you will have to submit the I-134 at the interview at the consulate. Then you will have to submit the I-864 when you partner adjusts status inside the US. 

Even if you plan to use a joint sponsor you will have to complete your own I-864 as you are the petitioner (so the main sponsor). 

Poverty Guidelines for Affidavit of Support

If you are just petitioning your wife/fiance you only need to show you can support TWO people - Currently that is $24,650. 

If you are petitioning your wife and you have a child that will be THREE people... so, $31, 075.

This is assuming you have no other dependents and you haven't sponsored other people before....

ETA: If you have a joint sponsor they will have to make enough to support your wife AND anyone else in their family... your child does not need to be included or sponsored if you are able to pass on US citizenship to them. 

 

Edited June 12, 2023 by Redro

[az_jared 3]

1 minute ago, Crazy Cat said:

Only after a child is born would it require an additional or updated filing. 

Would I have to file a new petition for the child to immigrate?

[JeanneAdil 6,410]

2 minutes ago, az_jared said:

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?

pregnancy is not a reason to approve or deny

 

the income is dependent on household size and visa 100% for K1 and 125% for CR1

Sponsor's Household Size	100% of HHS Poverty Guidelines*	125% of HHS Poverty Guidelines*
2	$19,720	$24,650
3	$24,860	$31,075

[Redro 4,611]

2 minutes ago, az_jared said:

Would I have to file a new petition for the child to immigrate?

Who will have the child? The intending immigrant or the US citizen?

And where does the USC live right now? 

[JeanneAdil 6,410]

4 minutes ago, az_jared said:

Would I have to file a new petition for the child to immigrate?

no  the USC  has to file a CBRA for his child in country of birth

with CBRA the parents would apply for US passport 

[az_jared 3]

2 minutes ago, Redro said:

Who will have the child? The intending immigrant or the US citizen?

And where does the USC live right now? 

The intending immigrant, my fiance, would have the child. She lives in Iran, I live in the US. We will next see each other in Turkey in September and will stay the 3 months allowed on our tourist visas. It is difficult to remain in Turkey, but there are an option or two of potentially being able to stay there together until a visa is approved.

[Redro 4,611]

5 minutes ago, JeanneAdil said:

no  the USC  has to file a CBRA for his child in country of birth

with CBRA the parents would apply for US passport 

This assumes the USC parent can pass on citizenship… we don’t know the particulars of the USC yet. 

[Redro 4,611]

2 minutes ago, az_jared said:

The intending immigrant, my fiance, would have the child. She lives in Iran, I live in the US. We will next see each other in Turkey in September and will stay the 3 months allowed on our tourist visas. It is difficult to remain in Turkey, but there are an option or two of potentially being able to stay there together until a visa is approved.

The spousal visa and fiancé visa currently take about 1.5 to 2 years. If your fiancé is from Iran she might be subject to additional security checks AFTER her interview. You might be waiting 3-4 years before she can come to the US. 
 

ETA: if your fiancé is from Iran I definitely recommend the spousal route over fiancé. 
 

Edited June 12, 2023 by Redro

[az_jared 3]

17 minutes ago, Redro said:

I-134 and I-864 are used for fiance visa. 

Only I-864 is used for spousal visa. 

If you apply for the fiance visa you will have to submit the I-134 at the interview at the consulate. Then you will have to submit the I-864 when you partner adjusts status inside the US. 

Even if you plan to use a joint sponsor you will have to complete your own I-864 as you are the petitioner (so the main sponsor). 

Poverty Guidelines for Affidavit of Support

If you are just petitioning your wife/fiance you only need to show you can support TWO people - Currently that is $24,650. 

If you are petitioning your wife and you have a child that will be THREE people... so, $31, 075.

This is assuming you have no other dependents and you haven't sponsored other people before....

ETA: If you have a joint sponsor they will have to make enough to support your wife AND anyone else in their family... your child does not need to be included or sponsored if you are able to pass on US citizenship to them. 

 

I am a US citizen. Can I pass on citizenship in either visa scenario?

[JeanneAdil 6,410]

4 minutes ago, Redro said:

This assumes the USC parent can pass on citizenship… we don’t know the particulars of the USC yet. 

he posted he is USC

Edited June 12, 2023 by JeanneAdil

[JeanneAdil 6,410]

10 minutes ago, az_jared said:

The intending immigrant, my fiance, would have the child. She lives in Iran, I live in the US. We will next see each other in Turkey in September and will stay the 3 months allowed on our tourist visas. It is difficult to remain in Turkey, but there are an option or two of potentially being able to stay there together until a visa is approved.

OMG  do not impregnant a woman in IRAN if she is single

 

From the Iran times

 

https://iran-times.com/sex-can-be-a-problem/

 

Sex can be a huge problem in the Islamic Republic.  For one thing, if a woman gives birth out of wedlock, the authorities will not issue a birth certificate, and the illicit offspring then becomes a person without a country.

 

Get married and start your family

 

In an interview with the Aftab daily, Alieh Shekarbeigi said single mothers could only give birth in hospitals if organisations assisting women in such situations provided a guarantee to support the pregnant mother.

[JeanneAdil 6,410]

Both the K1 and Cr1 will take at least 2 years making the woman 45 

Get married ASAP if u need to start a family

[Dashinka 24,364]

1 hour ago, az_jared said:

Thank you. What is OP?

OP is short for “original poster” of the thread, in this case you.  I agree with the others that suggest given the country of your girlfriend, I would also recommend the spousal visa route.  You can do the Utah online Zoom wedding when you are next together in Turkey.

 

Good Luck!

Edited June 12, 2023 by Dashinka

[az_jared 3]

4 hours ago, JeanneAdil said:

he posted he is USC

Birth citizen of the US.