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

[Rocio0010 5,579]

13 hours ago, happyscrub said:

Because we will be married, I assume the process of bringing the child back will be much easier than if not.

Not necessarily.

 

12 hours ago, happyscrub said:

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

Link? We here can tell you whether those articles are credible or not.

 

12 hours ago, happyscrub said:

Also tradition for the mother to support their daughters giving birth there

It’s weird that it’s not also a tradition for the baby dad to be around… especially with a young baby.

 

12 hours ago, happyscrub said:

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

Nope, it’s not so straightforward… you’ll have to do CRBA. 

 

6 hours ago, happyscrub said:

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

Times posted by the government Can be inaccurate also in the sense that they’re actually taking way longer than what they say

[Bh_sarah 942]

I think you are seeing people get EAD/AP approved in a few months, way before the AOS/GC gets approved and it's indeed happening. I see it all time time on FB and there are a few timelines here where people got it in around 5 months.

Just like I-129F processing times, the AP processing times on USCIS are still not reflecting newer processing times. The median that is updated frequently shows the speed up better, but note it's across all offices: https://egov.uscis.gov/processing-times/historic-pt
However, it's worth noting that the processing times take in consideration 80% of the cases in the past 6 months, and the median is what it is, the middle number. So if there is one person approved in 1 month and another in 10 months, then they will show the median is 5.5 months. Does not mean everyone will have AP in 5.5 months.  

You can't be sure that you are going to be processed quickly in order for your fiancé to get pregnant and fly to her country and give birth without losing all the AOS process/having to apply for spousal later. No one here can guarantee you it's going to be given in time. Maybe it's better to guarantee AP or the GC and then get pregnant and then plan it better for her to have her family support back in her country. Just a suggestion :)) 

[mam521 2,057]

What's your plan if your fiancé turned wife gets pregnant, but AP doesn't come until she's in her third trimester and can no longer fly?  

 

Too many moving parts here.  Coming on a K-1 to marry and adjust indicates the beneficiary wants to be an LPR in the US, not run home.  

 

What if, when your wife is home, she decides caring for a baby without her family is a no go and wants to stay in Madigascar?  Are you prepared to move there?  

[happyscrub 32]

58 minutes ago, Rocio0010 said:

Nope, it’s not so straightforward… you’ll have to do CRBA. 

 

From what I remember reading about it, the CRBA is easy and most of the process can even be done in the U.S. if the couple is married and the child is an infant. But for an unmarried father, you have to do more paperwork and DNA testing and waiting

1 hour ago, Rocio0010 said:

It’s weird that it’s not also a tradition for the baby dad to be around… especially with a young baby

 

why is that weird? In many countries a man can't even be at the hospital during delivery and afterwards. You never heard of a mid "husband". It's a woman's domain. 

[happyscrub 32]

1 hour ago, Bh_sarah said:

You can't be sure that you are going to be processed quickly in order for your fiancé to get pregnant and fly to her country and give birth without losing all the AOS process/having to apply for spousal later. No one here can guarantee you it's going to be given in time. Maybe it's better to guarantee AP or the GC and then get pregnant and then plan it better for her to have her family support back in her country. Just a suggestion :)) 

 

That seems reasonable. Again, I'm just brainstorming an idea outloud. We have many months before agreeing on a plan.

[Rocio0010 5,579]

58 minutes ago, happyscrub said:

the CRBA is easy

Ok

 

58 minutes ago, happyscrub said:

In many countries a man can't even be at the hospital during delivery and afterwards. You never heard of a mid "husband". It's a woman's domain

Ok

[Kanja 201]

6 hours ago, happyscrub said:

 

From what I remember reading about it, the CRBA is easy and most of the process can even be done in the U.S. if the couple is married and the child is an infant. But for an unmarried father, you have to do more paperwork and DNA testing and waiting

 

why is that weird? In many countries a man can't even be at the hospital during delivery and afterwards. You never heard of a mid "husband". It's a woman's domain. 

I can’t comment much about the other questions but I agree, I’ve never seen anyone have a problem with CRBA. Sometimes even if not married theh don’t ask for a DNA test, will really depend on the  embassy. 

[Ontarkie 14,216]

~~Inappropriate and non conductive post removed. Stick to helping the OP.~~

[Lisa and Ian 7]

On 8/11/2023 at 12:27 AM, 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.

 

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

Chapter 3 - Eligibility, Documentation, and Evidence | USCIS - It's not that easy.  Besides, you're the dad.  You would be the supportive person for her.  

[wxman22 109]

On 8/10/2023 at 11:37 PM, happyscrub said:

 

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

Let me put this in the most delicate way that New Yorkers are famous for: Stop cherry picking your responses. In my 5 years of experience in the immigration system and this forum, pretty much all the above responses are correct. 

And in most cases, those who take the time to respond are just trying to help.

Had I found this forum before I filed for the k-1, I would have re-thought the plan, as a CR-1, while a bit longer, is less costly and less of a PIA.

 

Can you afford to spend the time with her in her home country?

[Bethany123 56]

If your goal is for her to have the baby in her home country then you should just get married then file for CR1. It takes a good 1.5-2 years to get approved and in the mean time she can visit you. The downside is you don't get to live together and the baby will not be a citizen at birth, creating more time apart, more money spent, and more paperwork. 

[happyscrub 32]

3 hours ago, Lisa and Ian said:

Chapter 3 - Eligibility, Documentation, and Evidence | USCIS - It's not that easy.  Besides, you're the dad.  You would be the supportive person for her.  

 

This was information about adoptive children, not biological children.

[happyscrub 32]

2 hours ago, wxman22 said:

Let me put this in the most delicate way that New Yorkers are famous for: Stop cherry picking your responses. In my 5 years of experience in the immigration system and this forum, pretty much all the above responses are correct. 

And in most cases, those who take the time to respond are just trying to help.

Had I found this forum before I filed for the k-1, I would have re-thought the plan, as a CR-1, while a bit longer, is less costly and less of a PIA.

 

Can you afford to spend the time with her in her home country?

 

I cherry pick my responses because alot of the information in the replies were either informationally wrong, were negatively suggested of my character, were helpful of problems that I do not have, or seemed irrelevant to my post. Like you asking if I can afford to spend time in their country.

[happyscrub 32]

3 hours ago, Bethany123 said:

If your goal is for her to have the baby in her home country then you should just get married then file for CR1. It takes a good 1.5-2 years to get approved and in the mean time she can visit you. The downside is you don't get to live together and the baby will not be a citizen at birth, creating more time apart, more money spent, and more paperwork. 

 

Already about a year into k1 proccess, that would be a year wasted. And I believe it would be  hard for people to get tourist visas in that country, especially if they already attempted immigration visas. 

[Y3+E 25]

First, our situation was different than yours in that we pursued the I-130 (Petition for Alien Relative) process leading to green card issuance, instead of the K-1 Visa process.   Second, we did have a child overseas while our immigration process progressed.  Having said this, I will tell you that having a child was the SINGLE MOST VALUABLE life event that facilitated not only initial temporary Visa/Green Card issuance, but also the subsequent Removal of Conditions from the temporary Green Card, and later U.S. Citizenship approval.  For example, In preparation for our interview at the U.S. Embassy, we studied the countless possible questions and the appropriate responses based on our relationship.  However, when we went for our interview, we were asked only three questions.  'Is that your daughter, [NAME]?"  This was in regard to our daughter born in the Dominican Republic.  My wife had two children by a previous marriage (my two step-children).  The embassy interviewer also asked each step-child their names.   This was the total extent of our embassy interview!  Later during subsequent immigration steps leading to U.S. Citizenship approval, we had to provide a lot of evidence to prove a bonafide marriage.  Receipts and documents related to our children carried the most weight.  In fact, we did not submit much of the other evidence as recommended at this site (because we found this site after we submitted our various packages).