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  1. #1
    Join Date
    Dec 2013
    Posts
    3

    Default Can You Travel to the U.S. to Give Birth if You're Married to a Citizen

    I'm a US Citizen living abroad. In 2013 I got married and now my spouse is 6 month pregnant. We live abroad and she is a citizen of this country.
    My question is this:
    Is it possible to bring my spouse to US to give birth?
    How can i do this?

    Thank you in advance!

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Can You Travel to the U.S. to Give Birth if You're Married to a Ciizen

    That is not a valid reason for being granted a visa. There is not enough time to process a green card. Because of her marriage to a citizen, she is assumed to have immigrant intent and not qualify for a tourist (B2) visa.

    How do you plan to pay the bills? Have you investigated to costs of a birth?

    If it is citizenship for the baby, you need to review whether you meet the requirements for transmission of citizenship automatically.

    You need to discuss your reasons for wanting to do this with an immigration attorney especially if it is simply for citizenship for the infant.

  3. #3

    Default Re: Can You Travel to the U.S. to Give Birth if You're Married to a Citizen

    Yes, it's possible. You'll need to file a family petition and a K visa. Using a U.S.-based attorney could accelerate the process. Otherwise, visit USCIS' website.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can You Travel to the U.S. to Give Birth if You're Married to a Citizen

    Quote Quoting ExperiencedIA
    View Post
    Yes, it's possible. You'll need to file a family petition and a K visa. Using a U.S.-based attorney could accelerate the process. Otherwise, visit USCIS' website.

    http://www.uscis.gov/family/family-u...mmigrant-visas


    http://www.uscis.gov/i-130

    apparently it is presumed the intent is to immigrate.

    I don't know how all of that works but a quick read suggests that a K visa can be issued while the I-130 is pending and if the I-130 is denied, the K visa terminates. Sounds like it might be a sneaky way to allow the child to be born in the US.

  5. #5
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Can You Travel to the U.S. to Give Birth if You're Married to a Citizen

    I agree, but a moot point since child is entitled to US citizenship anyway. The issue it might create is if they don't get married and immigration is attempted at a later time.

    Quote Quoting jk
    View Post
    http://www.uscis.gov/family/family-u...mmigrant-visas


    http://www.uscis.gov/i-130

    apparently it is presumed the intent is to immigrate.

    I don't know how all of that works but a quick read suggests that a K visa can be issued while the I-130 is pending and if the I-130 is denied, the K visa terminates. Sounds like it might be a sneaky way to allow the child to be born in the US.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can You Travel to the U.S. to Give Birth if You're Married to a Citizen

    Quote Quoting Disagreeable
    View Post
    I agree, but a moot point since child is entitled to US citizenship anyway. The issue it might create is if they don't get married and immigration is attempted at a later time.
    not sure if that is the intended purpose. It may be and if so, then yes, OP needs to check to ensure that delivering here is even necessary.

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