How to stay together? (B2 + USC w/baby on board)

T

tavus

New Member
Hi all, I've been reading through the last couple of days this helpful forum trying to come across some similar situation but no luck so far. So I'll try to keep it short:

I'm an MD who has been dating a USC on an extended work assignment for over a year now. GREAT news, she is carrying our baby (pregnant), but 'bad' news is that unexpectedly for us, her management decided to move her back to US.
We've had talks about tying the knot before the baby and now we just want to stay together and start this family in the US.

So what do you think our best course of action is to accomplish all of the following...1) When and where to get married without affecting my travel to US capacity (I hold a B2 Visa with previous entries for visits to her hometown), 2) Move to live and reside in US, me getting GC. (baby to be born by the end of the year), 3) Apply for USMLE and follow a residency program in the US to continue my career as MD. (I got that covered). Mainly what's the right way for me to get a GC without being outside US and away from her and baby for too long.

I've done my share of reading and please also help me understand some more, if 'the right way' implies K1 visa, wouldn't 'processing timeline' severely affect my chances of traveling to the US or even be present on my child's birth?

Thanks!

Tavus.
 
So apply for K1 and hope everything gets sorted out before baby birth... That sounds like a long shot of pure chance...
 
Thanks for the input guys/gals.

All this immigration thing is now looking pretty clear for us now, but just for kicks, my partner called today USCIS. They also recommended the I-129f route and kindly verified local office for an average processing time of 5 months. Time in which I would NOT be able to visit the US (share time with her during the last trimester or even miss out on our baby birth). So unfortunately it's not looking pretty if our plan is to stay together 24/7.

Interestingly enough...when she mentioned the pregnacy and that I already had a tourist visa and even so, had been to the US before. The person said something like "Oh well, then things are easier for you". Then using careful words stated that IF I happened to be on a tourist trip and THEN we decide to tie the knot on the spur of the moment, I-130/I-485 could be filed to AOS and from then on no problem until GC approved.

Now this coming from that source made me rise an eyebrow, as from what I've read on the forum, this could jeopardize the chances of a successful application.

But anyways, we're kinda getting more inclined to maybe just hold out on marriage and me taking spaced trips to visit US and staying for a longer period when the baby comes to then see what happens then.
 
tavus said:
Then using careful words stated that IF I happened to be on a tourist trip and THEN we decide to tie the knot on the spur of the moment, I-130/I-485 could be filed to AOS and from then on no problem until GC approved.

Now this coming from that source made me rise an eyebrow, as from what I've read on the forum, this could jeopardize the chances of a successful application.
Click to expand...

That's why she mentioned the spur of the moment thing. You're not supposed to enter the US with a tourist visa while having the preconceived intent of staying to adjust status, but it's more acceptable if you gain that intention after entry. Of course, they can't read minds so they infer intent from your actions and circumstances. With your GF already being pregnant when you enter the US, it's going to be harder to convince them that you didn't have the preconceived intent to marry and immigrate.

But anyways, we're kinda getting more inclined to maybe just hold out on marriage and me taking spaced trips to visit US and staying for a longer period when the baby comes to then see what happens then.
Click to expand...

Not a bad plan ... and on that last long visit you could have her file the I-129F when you're still with her in the US, so it won't be an obstacle to visiting the US and you can spend most of the 5 months processing time in the US before going back to your home country to get the fiance visa at the US consulate.
 
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