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Dilemma With My I-129F Application

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Dilemma With My I-129F Application

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Old Apr 7th 2014, 3:27 am
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Default Dilemma With My I-129F Application

Hi everyone, I'm hoping I can get some answers here as trying to get a person on the end of a phone is impossible!!

My fiancé is a US citizen and we have filed the I-129F form and received our receipt number.... just kinda waiting it out now along with all the others!

She is 25 weeks pregnant, and been living here in the UK with me for the past 6 months, she is headed back home to Texas at the end of the month and will remain there to have the baby.

I was wanting to go back with her, and stay on a 3 month visitor visa so that I do not miss the birth of my child.... my only issues are,

1. Will they allow me to stay in the country for 90 days for me to be there for the birth whilst my current application is in process?

2. If my interview letter comes in the mail and has me scheduled to attend the consulate in London..... is there anyway I can change this to a location in the US??

Obviously with our baby on the way, spending money on flights isn't ideal.... she really doesn't want me staying here and her having to go through the remainder of the pregnancy alone.... all in all I just need some options and opinions on what is the best course of action here??

Many thanks in advance!

Craig
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Old Apr 7th 2014, 3:35 am
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Default Re: Dilemma With My I-129F Application

There is a sticky in the marriage based forum.
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Old Apr 7th 2014, 3:38 am
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Default Re: Dilemma With My I-129F Application

Originally Posted by CeeB101
1. Will they allow me to stay in the country for 90 days for me to be there for the birth whilst my current application is in process?
Yes, assuming you have an approved ESTA and don't have any problems getting through immigration. Maybe take some proof that you'll be returning back to the UK after the 90 day period.

Originally Posted by CeeB101
2. If my interview letter comes in the mail and has me scheduled to attend the consulate in London..... is there anyway I can change this to a location in the US??

No. The interview must take place in London. The good news is that they won't schedule your interview until you've attended a medical in London and sent in your visa application (DS160) and Notification of Readiness, so you can sort these out once you're back in the UK after your visit
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Old Apr 7th 2014, 3:39 am
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Default Re: Dilemma With My I-129F Application

1 - yes

2 - no
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Old Apr 7th 2014, 3:41 am
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Default Re: Dilemma With My I-129F Application

Originally Posted by BunnyGirl

No. The interview must take place in London. The good news is that they won't schedule your interview until you've attended a medical in London and sent in your visa application (DS160) and Notification of Readiness, so you can sort these out once you're back in the UK after your visit
Ah, "ten-foot pole" area. There was a recent discussion of this on the immigration lawyers FB page. It was kind of interesting.

Furthermore, deponent sayeth not.
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Old Apr 7th 2014, 3:47 am
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Default Re: Dilemma With My I-129F Application

Originally Posted by S Folinsky
Ah, "ten-foot pole" area. There was a recent discussion of this on the immigration lawyers FB page. It was kind of interesting.

Furthermore, deponent sayeth not.
"Ten foot pole"? What did I write that was contentious? I'm not suggesting he do anything even remotely illegal! Just laying out the order in which things happen
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Old Apr 7th 2014, 3:47 am
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Default Re: Dilemma With My I-129F Application

Originally Posted by BunnyGirl
Yes, assuming you have an approved ESTA and don't have any problems getting through immigration. Maybe take some proof that you'll be returning back to the UK after the 90 day period.



No. The interview must take place in London. The good news is that they won't schedule your interview until you've attended a medical in London and sent in your visa application (DS160) and Notification of Readiness, so you can sort these out once you're back in the UK after your visit
Okay that helps somewhat.... obviously what I don't want to happen is that come July 10th (1 week away from my fiancés due date) I get the letter saying I must attend in London....and then I miss the birth of my child.

Do they ever take pregnancies into consideration?? I am mortified that one way or another, after my baby is born I am going to have to leave them both there in the US and come here and wait for them to approve my Visa. I understand with all the scams people run these days they need to be thorough with their checks etc. but in this instance where there is a legitimate couple having a baby together.... I would have hoped it would be a little more accommodating.
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Old Apr 7th 2014, 3:50 am
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Default Re: Dilemma With My I-129F Application

Originally Posted by CeeB101
Okay that helps somewhat.... obviously what I don't want to happen is that come July 10th (1 week away from my fiancés due date) I get the letter saying I must attend in London....and then I miss the birth of my child.
Ok, you're not getting this. YOU schedule your medical. YOU submit your DS160. YOU submit your Notification of Readiness. If you want to wait until you're back in the UK after the birth of your child before you do all that then fine

Originally Posted by CeeB101
Do they ever take pregnancies into consideration?? I am mortified that one way or another, after my baby is born I am going to have to leave them both there in the US and come here and wait for them to approve my Visa. I understand with all the scams people run these days they need to be thorough with their checks etc. but in this instance where there is a legitimate couple having a baby together.... I would have hoped it would be a little more accommodating.
No. Unfortunately US immigration isn't there to be accommodating! I understand it sucks but you just have to look at the big picture here, you will be together eventually and your child won't remember that you weren't there for a few months.
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Old Apr 7th 2014, 3:55 am
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Default Re: Dilemma With My I-129F Application

Originally Posted by CeeB101
1. Will they allow me to stay in the country for 90 days for me to be there for the birth whilst my current application is in process?
If you are elgible to use the VWP, and you are allowed entry, you will be allowed to stay up to 90 days, yes.

2. If my interview letter comes in the mail and has me scheduled to attend the consulate in London..... is there anyway I can change this to a location in the US??
No. Interviews MUST be done overseas, as visas are not issued from within the USA.

all in all I just need some options and opinions on what is the best course of action here??
Attempt a VWP visit, and then return home for the medical/visa interview when the time comes.

Rene
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Old Apr 7th 2014, 3:56 am
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Default Re: Dilemma With My I-129F Application

Originally Posted by CeeB101
Do they ever take pregnancies into consideration??
No.

... but in this instance where there is a legitimate couple having a baby together.... I would have hoped it would be a little more accommodating.
Nope.

Rene
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Old Apr 7th 2014, 4:14 am
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Default Re: Dilemma With My I-129F Application

Originally Posted by CeeB101
Do they ever take pregnancies into consideration?
Sorry to be blunt, but the US government has no interest in your personal issues! To be frank, they simply don't care, and it's not their problem.


I am mortified that one way or another, after my baby is born I am going to have to leave them both there in the US and come here and wait for them to approve my Visa.
With respect, this is no one's fault but yours and hers. Either the I-129F petition should have been submitted sooner, or you and your fiancée shouldn't have gotten into the family way! It's now time to pay the piper!


... but in this instance where there is a legitimate couple having a baby together...
Again, the US government has no interest in your personal issues.


I would have hoped it would be a little more accommodating.
With respect, US immigration doesn't operate at your convenience.

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Old Apr 7th 2014, 10:29 am
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Default Re: Dilemma With My I-129F Application

Originally Posted by BunnyGirl
"Ten foot pole"? What did I write that was contentious? I'm not suggesting he do anything even remotely illegal! Just laying out the order in which things happen
Nothing at all. The very fact situation involves "ten foot pole" issues. Nothing more.

Furthermore, deponent sayeth not.
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Old Apr 7th 2014, 11:11 am
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Default Re: Dilemma With My I-129F Application

BunnyGirl summed up how I did it recently.

I was on hols in the US when I got the paperwork for booking the interview and DS160.
I just did the DS160 online while in the US, waited until I got back to the UK to book the medical.

That's all you can do really.
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