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  1. #1

    Default We Were on Vacations and Now My Wife Will Give Birth

    I have a tremendous doubt about this and I need desperate help,

    My wife is pregnant of 8 months, we came on vacations (both have B1- B2 Visas) to visit some citizens relatives in NV, and we wanted to go back to Guatemala after the Holidays. Before we took our plane back my wife started to feel extreme pain, visited a doctor and he recommended not to fly. now she is stuck in Las Vegas with her relatives and a baby just to come but we are afraid about the legal consequences of having a baby in US soil on a visitor visa.

    Could somebody explain me if there will be any problem with having our visas canceled, denied medical attention, or having any other visas denied on the future? Should we take the risk and fly back home? When we entered the I-94 form we have allowence until May this year, the immigration officer did put any attention to the fact that she was pregnant and we had 7 months we we enter the country.

    Please any advise will be greatly appreciated since We feel against the wall and we are seriously considering taken the plane back to Guatemala even though our doctor back home and the one that we consulted in here say that was a high risk.

    Thanks for the attention!

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: We Were on Vacations and Now My Wife Will Give Birth

    I can see nothing at all negative happening.

    You're still within your time limit, you will not be denied medical attention (though you might have a hefty bill to deal with), and your visas will not be canceled based solely on the premise of your wife giving birth in the US.

  3. #3

    Default Re: We Were on Vacations and Now My Wife Will Give Birth

    Thank you Dogmatique, for your prompt response! about the hefty bill, yes we are all ready suffering about how it will come, but that's the second, at first we want to have a healthy baby.

    I read in some less professional forums that a penalty of visa cancellation or the 10 years no-entry punishment could apply, we started to feel really anxious about that. some other person said that if we would use any goverment help or anything like medicare could end with the same visa cancellation or punishment, could you explain me a little bit further about this?

    Any notes regarding her citizenship? will she be granted US citizenship? how soon, after the baby has born, can we fly back? she will need a guatemalan passport o US passport or any passport at all?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: We Were on Vacations and Now My Wife Will Give Birth

    No, using medicare will not result in your visas being canceled either. But it's moot - you wouldn't qualify anyway. The child MIGHT qualify, but that's different.

    You're here on vacation, and sometimes, things happen - people need medical care, and yes, people sometimes give birth. There is no penalty for this assuming you're still within your original visa dates.

    I cannot speak to Guatemalan passport requirements, or citizenship issues.

    However, the child will be entitled to US citizenship. The child cannot, however, sponsor or petition for you and your wife to stay in the US until the child is 21 years old. You can fly back as soon as the airlines deem it safe (there is no hard and fast rule).

  5. #5

    Wink Re: We Were on Vacations and Now My Wife Will Give Birth

    Thank you so much Dogmatique! We are Ok about my daughter not putting a petition for me! We do not attempt to love in the USA or anything like that, we have a nice living in Guatemala which we want to go back and just keep coming to the US for vacations!

    both of our I-94 are granted until May this year and my visa is good untill 2021, my wife's is good untill 2013

    We are really relieve now from all the stress that all this was putting to ourselves!

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: We Were on Vacations and Now My Wife Will Give Birth

    I honestly don't think you have anything at all to worry about (other than the medical bills ).

    Good luck - and congratulations on your little one

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