sphyrapicus

Oh, I didn't see where the OP said she was back in the UK...

"If I go back now, can't I stay?"

So, she means, "Can I stay with my husband if I return to the United States"

I thought she was still in the U.S. asking about going back to the UK.

It's clear as mud now...

Hypertweeky

Hey there Carrie!

Welcome to the NG!!

I am sorry to tell you this but your husband is gonna have to file an I-130 for you at the service center in his jurisdiction (Texas), once he gets the receipt.. he will have to file the I-129.. to start the K3 process.
Here is a helpful link your husband and you can start reading:
http://www.visajourney.com/faq/index.htm#step%209
If you have any questions after reading the the FAQ come back and ask us!!
Have a nice day!!

carrieford

[QUOTE=CaliforniaBride]MightBe has given you an excellent link.

so i cant go back and stay this is so hard we just found out iam pregnant i feel so happy and yet so sad as we cant share it
do you ever think god would of said hey yeah fall in love but dont forget your visa lol i know it has to be done the right way but oh my its hard thanks for everyones help this website is the best

Rete

[QUOTE=carrieford] If you are pregnant that is a reason to ask for your I-129F to be expedited. Your husband will include a letter from the doctor as to your medical condition and include it along with a letter asking for expedition of his I-129F for you.

But note something, carrrie. In the US healthcare is not nationalized. Your pregnancy might or might not be covered under his healthcare. If he is working and has healthcare under his employer, then he should have you placed on that asap. That might or might not be possible and depends on the healthcare provider.

If it is not possible, you might be far better off remaining in the UK for the birth of your child so that you get proper care during the next nine months. Your child will still be a US citizen given the fact that his father is.

Rete

carrieford

sorry so what does this mean what is I-129f and does this mean i can stay if i go back over or do i have to apply for a visa first

MightBe

For Christ sake..go to this web site and read up what you have to do for a K-3 visa to get you back here ...
http://www.visajourney.com/forums/index.php?pg=k3guide

Bob

As rete just said, if your pregnant, it might be worth waiting till you've had your kid, because your not a permanant resident, you might not get covered, well, he needs to find out asap because there are often lot of clauses in the healthcare, and if your not covered, a ballpark figure for a straight forward birth is $30K plus.

CaliforniaBride

It is still possible for you to visit your husband while the K3 visa is being processed.

The K3 is a visa that allows you to live here for up to two years while your greencard application is being processed.

Previously spouses would have to live in the UK until they got their greencard.

But, you can still visit your spuse while your K3 is being processed. You are still entitled to use the VWP to visit while you are waiting.

Bob

Yup, but the burden of proof is on you to prove that you won't stay, so letter of work back home, rent, things like that should be brought as proof that you'll head back, or your likely just to be turn back at poe.

carrieford

thanks so much for your help do you think i can go with my hubby when i visit to file for my k-3 visa

Noorah101

As mentioned before, you really need to go read the link provided earlier to see how the whole visa thing works. No, you can't go with your husband to file for your K-3 visa here in the states, because that's not how the system works. Basically, HE will file a petition for you here in the states. When that petition is approved, the consulate will send you some paperwork for YOU to complete and send back to them. Then you go for an interview at your consulate and they determine whether you get a visa or not. Those are the basics. Depending on where he lives in the USA and the consular processing times, you're looking a several months waiting time before you'll get a visa in hand. OK?

Also, be careful about coming to visit him while your visa process is underway. You will have to prove that you are not going to stay in the USA. Being engaged and pregnant does not bode well for proving you won't stay. Bring LOTS of proof that you WILL return to your home country.

Best Wishes,
Rene

USA & Pakistan

I think you may need to hire an immigration attorney because if you cant understand when we tell you to read the link and do some research, then i think you are not going to be able to get thru the ins and outs of filing all the forms, etc.

Good luck to you!
Marnee

Rete

Worse yet, they are married not engaged.

Rete

stephiefrank

Hi Carrie

Congratualtions on your marriage and pregnancy. While I was back in Ireland waiting on my K3 I thought I was pregnant (I know that sounds stupid but I did 3 home pregnancy tests which came out positive then went to the doctor to confirm - not pregnant)But when I thought I was I contacted my immigration attorney who then contacted the INS to see about the possibility of expediting my visa application, they sent back a letter saying that while they sympathised they know that people have babies all over the world every day and this would not be a reason for them to speed up my application. Also when I tried to go back to my husband on the VWP and was stopped in Dublin i was told that i was inelligable to enter until all visa issues had been resolved, I took this to mean that I was not allowed to visit America until my k3 application was approved. My husband came over nad lived with me in Ireland. America is not the only place to live, your husband will be welcomed into the Uk if he gets an EEA family permit (takes about 2 weeks and 50 quid or so) he will be able to work straight away and you will still have the national health service.
good luck, hope this helps and hasnt disheartned you too much, I know it is a very emotional time for you but if you read through the posts here carefull you will see peole have been answering your questions, but as you are obviously so upset you dont seemto be taking the time to read them.
Steph

ian-mstm

I've been following your situation with great interest. You seem fixated on returning to the US and staying - this isn't going to be possible for quite some time. You need to accept this. Good luck! Oh, the occasional punctuation mark will really help make your posts more readable! I understand you have many things on your mind, so I won't make as big a deal out of it as I usually would.

Ian