What happens: Spouse visits the US while Pregnant but becomes too sick to fly home

[Drakyn42 0]

Hi everybody,

 

I'm a USC and my UK wife is 4mo pregnant.  We are currently waiting for I-130 approval, forecasted for March next year.  We were planning to have her visit the US for the winter holidays and return home to the UK before the baby is born but we have concerns about what might happen if she becomes unfit to make the flight back to the UK as her pregnancy progresses. 

 

She would have medical insurance in the US when the baby is born, so it's not a problem financially.  But we are worried that she would undoubtedly overstay her visa if a doctor were to deem her unable to return home, and that might look bad on our I-130, spoiling her chances of ultimately getting her GC.  So our plan is to spend a few months in the US and then we would both come back to the UK for the birth.

 

I'm my wife's only support at the moment, so I can't really leave her alone in the UK, but I can't stay here for the rest of the pregnancy either.  We've waited so long for this approval and we really don't want to make things more difficult.  But we need a plan to get through the next few months while we wait for USCIS and our consular processing appointment, etc.

[Boiler 45,428]

I would imagine you would want to file to adjust.

[appleblossom 2,421]

1 hour ago, Drakyn42 said:

Hi everybody,

 

I'm a USC and my UK wife is 4mo pregnant.  We are currently waiting for I-130 approval, forecasted for March next year.  We were planning to have her visit the US for the winter holidays and return home to the UK before the baby is born but we have concerns about what might happen if she becomes unfit to make the flight back to the UK as her pregnancy progresses. 

 

She would have medical insurance in the US when the baby is born, so it's not a problem financially.  But we are worried that she would undoubtedly overstay her visa if a doctor were to deem her unable to return home, and that might look bad on our I-130, spoiling her chances of ultimately getting her GC.  So our plan is to spend a few months in the US and then we would both come back to the UK for the birth.

 

I'm my wife's only support at the moment, so I can't really leave her alone in the UK, but I can't stay here for the rest of the pregnancy either.  We've waited so long for this approval and we really don't want to make things more difficult.  But we need a plan to get through the next few months while we wait for USCIS and our consular processing appointment, etc.

 

If a doctor really says she is unable to travel (although I'd question why if she's just pregnant, and doesn't have any pregnancy related medical issues?), then she could file to adjust status as that would give you a perfectly good reason to. But it would have to be spontaneous and not a pre-conceived plan, so I wouldn't research it too much as that could come back to bite you. Make sure she doesn't give anything up and keeps all her UK ties when she comes to visit.

[SalishSea 17,787]

1 hour ago, Drakyn42 said:

Hi everybody,

 

I'm a USC and my UK wife is 4mo pregnant.  We are currently waiting for I-130 approval, forecasted for March next year.  We were planning to have her visit the US for the winter holidays and return home to the UK before the baby is born but we have concerns about what might happen if she becomes unfit to make the flight back to the UK as her pregnancy progresses. 

 

She would have medical insurance in the US when the baby is born, so it's not a problem financially.  But we are worried that she would undoubtedly overstay her visa if a doctor were to deem her unable to return home, and that might look bad on our I-130, spoiling her chances of ultimately getting her GC.  So our plan is to spend a few months in the US and then we would both come back to the UK for the birth.

 

I'm my wife's only support at the moment, so I can't really leave her alone in the UK, but I can't stay here for the rest of the pregnancy either.  We've waited so long for this approval and we really don't want to make things more difficult.  But we need a plan to get through the next few months while we wait for USCIS and our consular processing appointment, etc.

If you’re really worried, why would you have her travel at all?  Seems the safest option would be to stay home.

[OldUser 6,583]

24 minutes ago, SalishSea said:

If you’re really worried, why would you have her travel at all?  Seems the safest option would be to stay home.

Agreed, also @Drakyn42 with I-130 on file, US citizen spouse and baby on the way, CBP may decide not to let her in to the US... If you're worried about her flying, think about all possible stress of being questioned by CBP and put on return flight. The chances of this are relatively low, but not as low as winning in the lottery.

Edited September 4 by OldUser

[pushbrk 12,859]

7 hours ago, Boiler said:

I would imagine you would want to file to adjust.

Yes, your circumstances will have changed during the visit, and you can switch to adjusting status.

 

[carmel34 3,620]

22 hours ago, Drakyn42 said:

I can't really leave her alone in the UK, but I can't stay here for the rest of the pregnancy either. 

Please explain what you mean when you said you can't stay in the US.  You're a US citizen, correct?  And you have a job and residence in the US?  This doesn't make sense to me.

[Lil bear 4,181]

1 hour ago, carmel34 said:

Please explain what you mean when you said you can't stay in the US.  You're a US citizen, correct?  And you have a job and residence in the US?  This doesn't make sense to me.

My interpretation of this is “ cant stay here.. the UK…for the rest of the pregnancy “