Q: If I, US citizen, get my foreigner wife pregnant, how would that affect the visa process?
I’m a US citizen and I’m planning on marrying my Fiancée. We also plan on getting pregnant as soon as we marry. How does that pregnancy affect the CR-1 visa process? Does it speed it up or slow it down? What would I need to prepare for in terms of documents for both my child and wife?
A: Getting the foreigner wife pregnant could bolster the fact that the marriage was enteted in good faith. The foreigner wife can adjust status in the US. Work with an immigration attorney.
A: Having a baby doesn’t affect the processing speed of a fiancé visa unless there’s a medical necessity to have medical attention in the US that couldn’t be administered overseas.
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A:
A pregnancy does not directly impact the speed of the CR-1 visa process for your spouse. The CR-1 visa, also known as the "spouse visa," allows the spouse of a U.S. citizen to enter the United States and receive a Green Card (permanent residency). The processing time for a CR-1 visa varies but typically takes between 7 to 12 months.
However, if your child is born abroad before your wife enters the U.S., you'll need to take additional steps:
1. Report the birth to the nearest U.S. Embassy or Consulate and apply for a Consular Report of Birth Abroad (CRBA).
2. Apply for your child's U.S. passport. Your child will be a U.S. citizen at birth if you meet certain requirements related to your physical presence in the U.S. prior to the child's birth.
3. Your wife will need to apply for the CR-1 visa, and your child will need a separate immigrant visa (IR-2) or a U.S. passport to enter the United States.
Required documents for your wife's CR-1 visa:
- Petition for Alien Relative (Form I-130)
- Affidavit of Support (Form I-864)
- Visa application (Form DS-160)
- Marriage certificate
- Other supporting documents (passport, birth certificate, police clearance, medical examination, etc.)
For your child, you'll need:
- Consular Report of Birth Abroad (CRBA)
- U.S. passport for the child
- Immigrant visa (IR-2) if not traveling on a U.S. passport
It's recommended to consult with an immigration attorney for personalized advice and to ensure you're following the most up-to-date procedures.
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