Steve

Well, I went to visit my fiancee in her Country to have her sign the K-1
documents, and filed them upon returning to the USA. Might have had just a
little too good of a time while seeing her because now she thinks she is
almost 2 months pregnant :-O My fiancee is NOT from a country that has visa
waiver agreement with the USA, in fact it is just about impossible to get a
tourist visa for a single lady from this country.

I am concerned as to how this may delay us... Have only received notice of
action, no approval yet. Of course after approval comes more forms then the
health check and interview.

I would only assume a pregnancy test is part of the health check...

What does the INS do with pregnant fiancees? I am speculating that they
delay the fiancee until the baby is born in the home country. If the INS
let pregnant fiancees come to the US, then if no marriage takes place, could
be a dilema for the INS. If no marrriage, then the fiancee could be too
pregnant to return to her home country. Or, if the baby is born in the USA
during the 90 days it may be too soon to travel back to the home country
when the 90 days is up... All kinds of problems.

So, would some expert(s) please shed some light on how the paper trail works
on this situation and what the INS might do?

Mrtravel

The visa process will normally not be faster or slower based on
pregnancy.
If the pregnant fiancé comes to the US and doesn't get married, it
doesn't change the child's citizenship, and it doesn't prevent the woman
and child from leaving the country. The baby, as a USC would have a
right to stay.
The mother would need to get married and adjust status to stay. The
child could not sponsor her until he was
21. Pregnancy testing is not a part of the physical. However, she should
avoid the x-ray.

Rete

Your post has me wondering if you are using the K-1 as a means of obtaining a travel visa for your fiancee rather than as a visa for which it is intended .. marriage. You speak about what happens if you don't marry and the travel issues of flying while in advance stages of pregnancy or immediately after birth.

I know of one case that was reported a few years back by a poster whose fiancee was pregnant and the US Consulate would not issue the K-1 until the USC fiancee provided proof that he was with his fiancee physically during the time it was calculated she had conceived. Another had to provide the Consulate with a letter stating he was fully aware of his fiancee's pregnancy and that he was still willing to marry her. Another poster who married his fiancee here in the US and they subsequently had a child together had her AOS delayed until the Baltimore INS office was given DNA testing proving he was the biological father of the child. Others have met with no problems with the US Consulate with very pregnant fiancees. So you can see from these experiences that the handling of pregnancy and births vary from US Consulate and INS office.

While it was reported often that in the Philipphines women were given a gyn exam at the time of the medical and questioned as to pass pregnancies this is not the case in most examinations. She should be upfront and tell them about the pregnancy and the x-ray will be deferred as it would be harmful for the fetus she is carrying. The x-ray done to see if TB is evident in the lungs and perhaps they can do the tine test instead.

Her pregnancy should not delay the K-1 processing just might add a new wrinkle as stated above. If you are indeed the father of the child then s/he will be a US Citizen at birth and if the birth occurs overseas you will have to contact the US Consulate there to find out what paperwork is required to register his/her birth as a US citizen.

Rete

Mrtravel

Rete wrote:
    > Your post has me wondering if you are using the K-1 as a means of
    > obtaining a travel visa for your fiancee rather than as a visa for which
    > it is intended .. marriage. You speak about what happens if you don't
    > marry and the travel issues of flying while in advance stages of
    > pregnancy or immediately after birth.

I agree. After all, if the K-1 applicant or visa holder expresses any
doubt to INS/DOS about the uncoming wedding, there is a possibility they
will not be able to come to the US. The K-1 is for an impending
marriage, not for a trial visit.

Steve

I'm well aware the K-1 is for marriage, and is not a travel visa. Who the
hell would go thru all this INS shit if they were not serious about their
intended!!

Perhaps I sounded like I was being too much of a devil's advocate in my
first post, trying to point out possible bad scenarios. I'm just the kind
of person who wants to know all the potential pitfalls, and not go into
something wearing blinders.

But honestly, don't any fiancee's that have never been outside their home
country and arrive to the USA for the first time ever experience extreme
culture shock and want to back out and return home? Or how about extreme
lonliness?

In fact, I'd say the whole 90-day time constraint that the INS has on the
K-1 is cruel and inhumane. The stress of planning a wedding, meeting inlaws
for the first time, culture shock, lonliness, living arrangements, moving,
etc... No way 90 days is truly enough time, 180 days would be much more
reasonable especially for those fiancees that have never been to the USA
before.


"mrtravel" wrote in message
news:[email protected]
t...
    > Rete wrote:
    > >
    > > Your post has me wondering if you are using the K-1 as a means of
    > > obtaining a travel visa for your fiancee rather than as a visa for which
    > > it is intended .. marriage. You speak about what happens if you don't
    > > marry and the travel issues of flying while in advance stages of
    > > pregnancy or immediately after birth.
    > I agree. After all, if the K-1 applicant or visa holder expresses any
    > doubt to INS/DOS about the uncoming wedding, there is a possibility they
    > will not be able to come to the US. The K-1 is for an impending
    > marriage, not for a trial visit.

donahso

Exactly the point, Steve. Like Mr. T said, the K1 is not intended as a trial. You didn't say what country your fiancee is from, but mine is in China and a tourist visa for her to come and visit me is virtually impossible. So, I go there often.

To your original question...GuangZhou (GZ) states on their web site that if the beneficiary is pregnant, send them the info (doctor's note) and they will try to expedite the application. After all, the child will qualify as a US citizen whether born in the US or not. The bigger concern is that it takes so long at some consulates (GZ is one of the worst) that even an expedited interview might still put her too far along to get on an airplane. Airlines don't much care for the thought of an in-flight birth, you see.

The other timeline problem will be the INS service center you must file with...if it is NSC, figure 4 months just for the approval. The others seem to be running about 1 month or so, so maybe you are lucky. And, if your fiancee is in China, figure a month or two for the approval to show up before they will even start the P3/P4 processing. Good Luck.

-Don H

Folinskyinla

Hi:

In all fairness, don't blame INS for the 90 day limit -- blame Congress. The 90 day limit is in the law. However, that said, the actual statue does allow for an "out" on the 90 days -- if you get married after 90 days, as long as its to the original petitioner, then you would have BEEN eligible to do an I-130 and forget about the I-129F. Unfortunately, in 1997, the INS amended the adjustment regulations and cut out this avenue.

Also, the K is a fairly new beastie as these things go -- it was invented in 1970 and was for the convenience of the US citizen -- avoiding a trip abroad, back before cheap and easy air travel just to get married.

Marjeta

The doctor at the medical asks you if you're pregnant. He asked me,
and I said no. Unfortunately I don't know what kind of effect saying
yes has on the issuance of the visa. I would personally think that
this is not a problem at the embassy since this is your baby (which
you can prove), and especially in an early stage of pregnancy. However
she may have trouble with the airline if she's in the late stage when
she travels.

Chris Parker

    > Might have had just a little too good of a time while seeing her because
    > now she thinks she is almost 2 months pregnant :-O My fiancee is NOT from a
    > country that has visa waiver agreement with the USA, in fact it is just about
    > impossible to get a tourist visa for a single lady from this country.
    > I am concerned as to how this may delay us... Have only received notice of
    > action, no approval yet. Of course after approval comes more forms then the
    > health check and interview.

K1 visas are good for U.S. entry for 6 months from date of issue. So,
that really gives you 9-12 months to plan the wedding from the point
in time when both of you met and decided to marry. Not enough time to
plan a wedding?

If she gives birth abroad, she needs to register the child's birth at
the U.S. embassy and apply for a U.S. passport for the child in order
to bring him/her to the U.S. So, assuming she actually is pregnant
(and it is your child), you'd probably be wise to wait until after the
baby is born before she comes to the U.S. It will be several months
still before she'll receive her K1 visa, and she will likely be near
her due date by the time she gets the visa. But, once she has her
passport with the K1 visa inside, you'll know for certain exactly how
much time is left and you'll be in a better position to plan when she
is coming to the U.S. (I'd assume you'd want to be with her when she
gives birth and when she brings the child into the U.S.).

Either way, the delays in obtaining work permission and adjustment of
status probably won't be an issue for your household since she's
having a baby!


CP