Planning having a baby abroad between k1 and adjusting status. Problems?

[happyscrub 32]

Me and my fiancée (have not gotten k1 yet) want to have children but she wants to start right away. I do too but I don't want too much extra headaches with expenses,  , paperwork and immigration. So I thought of the idea of trying for a baby after marriage and before adjustment of status. We will get a "permission to travel" paper (I forget the name) after filing to adjust status. She will give birth in her home country and come back. Because we will be married, I assume the process of bringing the child back will be much easier than if not.

 

Do anyone see any legal issues or problems with this idea?

[K1visaHopeful 2,851]

Advanced Parole ie. I131 can take up to a year to get as processed at NBC.

GC may come even faster than that (or slower) depending on processing times of your local field office.

 

You can monitor both estimated times on the website. 

 

If she leaves the country without approval of one or the other BEFORE she leaves, she cannot return to the US without filing for a spousal visa (which takes 1 to 2 years). She would have to wait overseas. 

 

A pregnancy is 40 weeks or less. That's less than a year. 

 

As you know you can't even really plan a real wedding without a K1.

 

Planning for her to give birth overseas is not wise. 

 

Also AP is advised for short trips usually less than 3 months. IF she did get her AP, and decided to leave for her country, how would you time it so it would be a short trip?

 

Unfortunately, you're thinking of the wrong end of the situation (the baby) rather than the mom.

 

[happyscrub 32]

6 minutes ago, K1visaHopeful said:

Advanced Parole ie. I131 can take up to a year to get as processed at NBC.

 

Articles I seen online say it only takes a few months to get approved for parole for travel 

[Mike E 11,741]

6 minutes ago, happyscrub said:

 

Articles I seen online say it only takes a few months to get approved for parole for travel 

Those articles are wrong

[OldUser 6,983]

56 minutes ago, happyscrub said:

She will give birth in her home country and come back.

Why not give birth in the US? This way:

1. She won't abandon her AOS

2. You will be able to support her during pregnancy

3. The kid will be a US citizen

[happyscrub 32]

14 minutes ago, OldUser said:

Why not give birth in the US? This way:

1. She won't abandon her AOS

2. You will be able to support her during pregnancy

3. The kid will be a US citizen

 

2. It's much cheaper and she has a massive family in her country to support her. Also tradition for the mother to support their daughters giving birth there.

 

3. The kid will be born a citizen regardless where it is born because I am a citizen

[OldUser 6,983]

Just now, happyscrub said:

 

2. It's much cheaper and she has a massive family in her country to support her. Also tradition for the mother to support their daughters giving birth there.

Understood

1 minute ago, happyscrub said:

3. The kid will be born a citizen regardless where it is born because I am a citizen

The downside - you'll have to do extra paperwork to prove it, e.g. CRBA.

 

The plan of travelling outside while I-485 is pending is not good.

[Mike E 11,741]

19 minutes ago, happyscrub said:

The kid will be born a citizen regardless where it is born because I am a citizen

It is not that simple

[K1visaHopeful 2,851]

2 hours ago, happyscrub said:

 

Articles I seen online say it only takes a few months to get approved for parole for travel 

Articles are written in the perspective of the moment and could not be accurate for THIS moment. In THIS moment when I checked it for you, the USCIS processing times website states 80% of I131s at the NBC (where K1s AOSers go) currently take 11.5 months meaning 20% take longer. Times fluctuate constantly. It could jump and she'd be 6 months pregnant. Then what would you do?

 

Learning how to use the website will give you your best estimate. You'll need to learn how to use it for the rest of her immigration journey unless she wants to instead. 

https://egov.uscis.gov/processing-times/

 

 

[P055UM 286]

5 hours ago, happyscrub said:

 

Articles I seen online say it only takes a few months to get approved for parole for travel 

Every single case is different. Even if the average wait were only a few months (it’s not), that is no guarantee that your wait will be close to the average. Some people in my AoS cohort waited well over a year, despite the average being well under. 

[Redro 4,611]

6 hours ago, happyscrub said:

Me and my fiancée (have not gotten k1 yet) want to have children but she wants to start right away. I do too but I don't want too much extra headaches with expenses,  , paperwork and immigration. So I thought of the idea of trying for a baby after marriage and before adjustment of status. We will get a "permission to travel" paper (I forget the name) after filing to adjust status. She will give birth in her home country and come back. Because we will be married, I assume the process of bringing the child back will be much easier than if not.

 

Do anyone see any legal issues or problems with this idea?

I see you filed the paperwork November 2022. 

This means you've already been waiting several months. 

You are filing the K1 because you want your partner to live in the US with you. 

The basis of the K1 and GC through marriage is family unification.

Getting married, then immediately having your partner move back home is counterproductive. 

If it is really important to your wife to have her child in her home country I advise-

Waiting for the issuance of the K1, coming in to the US getting married - then abandoning GC process and have her return home when she falls pregnant.

You can then petition her for the spousal visa when she is ready to move to the US. 

Alternatively, you can cancel the K1 now, get married, and have the baby in her home country before you petition her. 

Edited August 11, 2023 by Redro

[happyscrub 32]

4 hours ago, K1visaHopeful said:

Articles are written in the perspective of the moment and could not be accurate for THIS moment. In THIS moment when I checked it for you, the USCIS processing times website states 80% of I131s at the NBC (where K1s AOSers go) currently take 11.5 months meaning 20% take longer. Times fluctuate constantly. It could jump and she'd be 6 months pregnant. Then what would you do?

 

Learning how to use the website will give you your best estimate. You'll need to learn how to use it for the rest of her immigration journey unless she wants to instead. 

https://egov.uscis.gov/processing-times/

 

 

But is that information currently relevant?  From my understanding they give their estimated times using a flawed system. Like they still have 16 months for k1 visa listed but times have significantly decreased this year but the gov website doesn't reflect that

Edited August 11, 2023 by happyscrub

[Redro 4,611]

32 minutes ago, happyscrub said:

But is that information currently relevant?  From my understanding they give their estimated times using a flawed system. Like they still have 16 months for k1 visa listed but times have significantly decreased this year but the gov website doesn't reflect that

Some people are getting their green cards in as little as 6 months. 

Generally AP is not approved between AOS application and GC. 

You cannot travel without AP or GC or she will have abandoned her application. 

What you are proposing is extremely difficult and might not be able to carried out. 

 

Additionally, not everyone is able to think "I'll fall pregnant next month" and then become magically pregnant. 

 

What is more important in your new relationship:

Being together in the US?

Having a child together?

Having a child that is born in Madagascar? 

You either need to go with the flow and follow the rules of the K1 and adjustment 

OR 

Regroup and plan your life around your family and put immigrating to the US on the backburner. 

 

I will not go into the ins and outs of what type of bonafide relationship proof are you planning to submit for ROC after 2 years of GC if you lived apart for the amount of time she needs to be in Madagascar before and after the birth. Are you planning on relocating to her home country to stay with her during that time? 

 

[K1visaHopeful 2,851]

3 hours ago, happyscrub said:

But is that information currently relevant?  From my understanding they give their estimated times using a flawed system. Like they still have 16 months for k1 visa listed but times have significantly decreased this year but the gov website doesn't reflect that

Relevant or not, that's what you can expect and the only thing you could plan with.

Explain your timeline now knowing what we have told you. 

How is it all going to work?

[SalishSea 17,970]

11 hours ago, happyscrub said:

 

Articles I seen online say it only takes a few months to get approved for parole for travel 

…..in 2018.