Wife, a permanent resident of USA, is now 7 months pregnant and living alone. I want to visit to help her
My spouse is a permanent resident of the USA, we got married 8 months ago. She is 7 months pregnant now and living alone. I just want to be there for delivery to help her in all conditions. As she is getting so stressed about delivery like how she will handle this all things alone. Even her doctor is worried about her current condition so Dr. gave her letter in writing to call me there for labor pain and delivery.
Now main problem is my petition I-130 is already in processing, so I wonder whether they will allow me to visit USA.
Me and my wife counting days like hell as it's a big problem.
Best Answer
I am assuming she is in the US of A and you are abroad at the moment. I also assume you need a US visa to enter the USA.
Formally, you need an F2A immigration visa, so that you can join your spouse and family to live in the US. This visa currently has at least 2 year waiting period. This sucks.
The other option would be a B-1/2 (visitor, family visit) visa which assumes non-immigrant intentions. According to the US law, every applicant for a visa is presumed immigrant, and it is your duty to overcome this presumption in order to get a non-immigrant visa. Given the circumstances: the submission of I-130 + presence of your spouse and future kid - it will be very hard to overcome.
Having said that, is there something you can do to convince the consular officer that you intend to return back after a brief visit to witness the birth of your child? Maybe an unfinished work contract, business obligations, caring for an elderly relative? It may be worth a try.
You might want to get a good lawyer on your side, the one who will immediately follow up with the US consulate if need be. Also, the same lawyer may help to follow up through your spouse's local congressman and/or senator.
PS. I would also like to notice that the fact you started arranging your visit just mere 2 months before the delivery does not speak in your favor. You need to do some very convincing explaining.
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Can I visit the US while pregnant?
Can I visit the United States while pregnant? Although there are no specific regulations prohibiting pregnant foreign nationals from entering the United States, entry is allowed or denied at the discretion of the admitting U.S. Customs and Border Protection (CBP) Officer.Can you travel to the US to give birth?
Even though medical (birth/maternity) tourism is not illegal and your pregnancy is not a reason to deny entry, you must be able to provide proof of economic solvency to pay your medical expenses.What is considered a humanitarian reason?
To Care For or Otherwise Provide Support to a Seriously or Terminally Ill Relative in the United States. In some cases, urgent humanitarian reasons may be based on the need for the beneficiary to provide physical or emotional support to a relative in the United States.Can a spouse of a permanent resident stay in US?
In order to bring your spouse (husband or wife) to live in the United States as a Green Card holder (permanent resident), you must be either a U.S. citizen or Green Card holder.Watch: TODAY All Day - July 6
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Answer 2
You could try to apply for a humanitarian visa/humanitarian parole.
Quote from that page:
Humanitarian visas also are known as humanitarian parole, and are granted for urgent humanitarian reasons. People who receive humanitarian parole are those who otherwise are unable to enter the U.S. but must do so on a temporary basis and for a compelling emergency. Humanitarian parole does not equate to a permanent immigration status, and is seldom granted for longer than one year.
This link mentioned by mzu from U.S. Citizenship and Immigration Services website provides more details:
I would pay particular attention to these two sections:
- To Reunite With Family in the United States for Urgent Humanitarian Reasons
- To Care For or Otherwise Provide Support to a Seriously or Terminally Ill Relative in the United States
Your situation could be presented as a mix of those two.
As usual, there is no guarantee that you will get this humanitarian parole, and you still need to provide convincing arguments that you will go back to your country once it expires.
Also note that as with a visitor visa, you will not be able to apply for a work permit with this immigration status
Good luck
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