My GF is Pregnant in Mexico. HELP!

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yuca_gringo

New Member
My Mexican girlfriend is pregnant and I have no idea where to begin or what to do. Hers is a high-risk pregnancy and she needs prenatal care NOW! I desperately want to get her here quickly, so I may care for her and our child. I have excellent insurance that will cover them both, as well as the financial means, but I have almost no working knowledge of US immigration.

I understand that our child can be a US citizen after birth, no matter where he is born, but she and our unborn child urgently need the level of prenatal care I can get her here. Is it possible for her to obtain a US visa, based on this need? What options do I have?

Note to mods, if this question is in the wrong place, please move it to the appropriate forum.
 
yuca_gringo said:
My Mexican girlfriend is pregnant and I have no idea where to begin or what to do. Hers is a high-risk pregnancy and she needs prenatal care NOW! I desperately want to get her here quickly, so I may care for her and our child. I have excellent insurance that will cover them both, as well as the financial means, but I have almost no working knowledge of US immigration.

I understand that our child can be a US citizen after birth, no matter where he is born, but she and our unborn child urgently need the level of prenatal care I can get her here. Is it possible for her to obtain a US visa, based on this need? What options do I have?

Note to mods, if this question is in the wrong place, please move it to the appropriate forum.
Click to expand...

The normal route would be a b-2 visa if she doesn't plan to stay in the US, or a k-1 visa if you plan to marry and keep the family in the US, but eather case would take months to process.

You may try to file an I-131 (application for travel document) stating your case for an immediate entry permit. These are approved same-day for emergencies, but I don't know if your case qualifies. You're best bet is to check with an immigration attorney www.aila.org. Specifically screen them for those with experience in emergency I-131 applications.

-ML

K1 -> I-485 -> I-751 -> N-400
Now applying I-130/I-485 for parent.
 
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your girlfriend has not right to a visa, unless you apply for a K-1 visa for the two of you to get married.

the child will not automatically adquire US citizenship, specially if it is born out of wedlock.
 
According to the US Department of State website, a Birth Abroad Out-of-Wedlock to a U.S. Citizen Father: A child born abroad out-of-wedlock to a U.S. citizen father may acquire U.S. citizenship under Section 301(g) INA, as made applicable by Section 309(a) INA provided:

1) a blood relationship between the applicant and the father is established by clear and convincing evidence;

2) the father had the nationality of the United States at the time of the applicant's birth;

3) the father (unless deceased) had agreed in writing to provide financial support for the person until the applicant reaches the age of 18 years, and

4) while the person is under the age of 18 years --

A) applicant is legitimated under the law of their residence or domicile,

B) father acknowledges paternity of the person in writing under oath, or

C) the paternity of the applicant is established by adjudication court.

Based on this information, I am fairly certain my child can be a US citizen, even if he is born in Mexico. My immediate concern is getting her here for proper prenatal care. Now, it is very difficult to be certain she has access to the level of care she and our child needs. I would like to focus on the possibility of the I-131 and if my case is eligible under this provision.
 
I-131 is not applicable for her...

it can only be used as a: re-entry permit (for permanent residents), an advance parole (for those going through Adjustment of Status) or a refugee travel document.

Your GF does not qualify for any of those... She can not come under a tourist visa for pre-natal care either...

There ARE good OBGYNs in Mexico, she may have to go to a bigger city, but it is not like she is in the middle of the Sahara desert. K-1 currently the only way to bring her in, with the intention to marry her.
 
If finance is not as issue, I am sure you can provide her with whatever medical assistance she needs in Mexico itself. In the meantine you may start the K-1 process.

yuca_gringo said:
I desperately want to get her here quickly, so I may care for her and our child. I have excellent insurance that will cover them both, as well as the financial means, but I have almost no working knowledge of US immigration.
Click to expand...
 
A child of a US citizen is elegible for citizenship regardless of being born out of wedlock

Yuca, I think the K visa is the way to go, but I will advise you to get a lawyer NOW.
Best wishes
 
I would start the process now if I were you.

You do not have very many choices at this stage but to arrange for a local Doctor or to start the immigration process. I hope you have at least made the decision to marry her by now :)
 
Everyone is right, there are doctors in Mexico, however, I want her here for all the reasons you can imagine. She needs my care and support and I want to be with her now. Once born, my child is covered under my excellent health insurance plan, I can get her insurance coverage, I want to be with her during the entire process and I personally know a top high-risk obgyn.

I know almost nothing about immigration to the US and am a little surprised at the complexity of the system. Thankfully, these forums exist and thank all of those who have answered for your ideas. Everyone, please continue to comment and advise me on this. Any and all thoughts and ideas are appreciated.

I am interested in learning more about the "medical reasons" a poster linked me to and if anyone has any experience with this avenue? What about the visitor visa?
 
yuca_gringo said:
Everyone is right, there are doctors in Mexico, however, I want her here for all the reasons you can imagine. She needs my care and support and I want to be with her now. Once born, my child is covered under my excellent health insurance plan, I can get her insurance coverage, I want to be with her during the entire process and I personally know a top high-risk obgyn.

I know almost nothing about immigration to the US and am a little surprised at the complexity of the system. Thankfully, these forums exist and thank all of those who have answered for your ideas. Everyone, please continue to comment and advise me on this. Any and all thoughts and ideas are appreciated.

I am interested in learning more about the "medical reasons" a poster linked me to and if anyone has any experience with this avenue? What about the visitor visa?
Click to expand...


If you want her living here, your only real option is the K1 visa as other Ops have said... she wouldnt be able to come under the visitor visa with the intent of staying.. and they will ask her that at the POA. (they do ask what your reason is for entering)
 
PraetorianXI said:
your girlfriend has not right to a visa, unless you apply for a K-1 visa for the two of you to get married.

the child will not automatically adquire US citizenship, specially if it is born out of wedlock.
Click to expand...

The fact that the child is born out of wedlock has absolutly nothing to do with being elegible for citizenship. The only factor that plays when considering automatic citizenship is being born in american soil.
Maybe you need to get your facts straight
 
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