Hey guys, I replied before to this web-site with a different issue, and here I am again... My husband and I have been married for 2 years now, out of the country while i was only a resident *with a green card*. Now that I got my citizenship we are looking for a way to bring my husband to the states. I contacted the USA Embassy in the country of my former nationality and they said the only legal way for him to come and stay is if we apply for the I-130. There is one problem tho... They advised me that the whole process might take up to 15 months, and I am in my 8th month of pregnancy and I really want my husband to be present for the birth of the baby.. For me it is out of the question to give birth in my former country of nationality and I bet anyone knowing how the hospitals there are wont even go for a check-up let alone to give a birth, and either way I am not in position to travel. So we decided to try for a visitor's visa just so he can be here for the baby and we'll go from there. We put together all the documentation we have proving our relationship and marriage, my pregnancy, bank statements, pictures and all the joint belongings. After my husband applied for the visa it took almost a month for them to contact him and schedule an appointment for the interview which is tomorrow. I am very nervous and stressed out about what will happen so I thought it'd be nice to get an opinion from someone that has more experience with immigration and how it all works.. So what do you guys think? What are our chances? Please give me some advise. Thanks.

Welcome back desire

What contry are you from? Do you have consulate processing? If so, this would be the way to go since you have most likely met the requirements of residency by living there.

Yes the k3 process can be lengthy, but that is the only proper course of action at this point.

Be prepared to deliver in your country if you want your husband present, otherwise you are 99% looking at a denial for the visitor visa.

Best wishes to you anyway and congrats.

It is possible that they will grant him visa.
Not likely, but possible.

Why you want him to be present?!!

I have three kids and was present each time and can't imagine worst torture for husband than to see his wife deliver......

in order to get a tourist visa, the embassy must be convinced that he will return to his country after a short visit instead of staying in the US looking to adjust status and avoid the 15 month (actually it is only around 6-8) wait....guess what the answer will be? How is he going to "prove" his return when his wife (you) and the newborn is in the US??? Pointing to some $125 a month job won't work, or claiming he has to return to take care of elderly parents (after all, he is about to leave them anyway)...and the embassy cannot accept your 'promise' that you will somehow 'make him' go back (since you have NO legal authority over him)...

The wait could be around 12 months, give or take. A lot depends on other factors, such as what country he's from. K3 might be quicker, Desire. It's an option for you to look in to. If you meet the qualifications for DCF (Direct Consular Filing), then it would be much shorter. To do that, you need to have been resident in that country for more than 6 months.

As to a tourist visa, they are very rarely granted to people with US spouses, as they are an overstay risk, and your situation is even more of a red flag as you're expecting a child.

Your husband would need to show that he has extremely strong ties to his home country - a lease/mortgage, bank accounts, employment, family commitments etc. If the tourist visa is approved, he should also take this documentation with him and have it ready when he lands - having that visa is no guarantee of entry and he may also have to convince border officials he won't be an overstay risk.

http://www.youtube.com/watch?v=b9nptjUs9FM

I absolutely understand the situation u are in right now. But I have to tell you that if your husband succesfully proves marriage to a 8-month pregnant citizen, he has essentially proved himself an overstay risk.
So he will very likely be denied the visa, or even if he gets it, he might still be denied entry when he arrives.
So I will not count on it at all. Better not to hope, for you shall not be disappointed.

Ok.. As most of you already might know he got declined.. When they interviewed him they told him to petition for the I-130 right away and point out that I am expecting so they can speed up the process and that would take less than a month for him to be in he states.. I am filling out the I-130 right now but there is no place for additional notes or anything and if I write them a letter on a seperate paper i doubt they'll even read it. The closest immigration center to where I reside is Miami. What should I do?

what do you think? All petitions go to New Hampshire first...then back to the embassy, then more paperwork and finally an appointment...but none of this will happen until YOU file the I -130...just mail it...the adjudication does not take place in Miami - it takes place elsewhere....

Ok, but how am I sopposed to point out my pregnancy? Write them a letter attached to the petition, apply in person?

pregnancy has nothing to do with the filing of an I -130....nothing. You must file all the relevant papers first (the I-130 plus some others) -- then the papers go to the National Visa Center for adjudication (3-4 months on average)...after approval, assuming no glitches, the file is transferred to your husband's country...2-4 weeks, depending, and you and your husband are sent some additional papers to complete and your husband must arrange a medical exam with the doctors approved by the embassy...no one else!! He then schedules an appt with the embassy, which will depend on their workload...could be 3-4 weeks, could be more, depends on their workload and capacity...and no, begging to be placed ahead of everyone else just because you are pregnant won't matter.....actually, if you are 8 months pregnant now, in 6-8 months you won't be pregnant, so there will be no need for your husband to cut in line....

I would say write a letter, Desire. However, I'm with S12 on this one. It will probably make no difference at all whatsoever. I would suspect that the embassy told him that taking DCF in to consideration, however if you're in the US, you wouldn't be eligible and you certainly wouldn't be able to fly in your advanced state of pregnancy.

You can check the current USCIS processing times here. That approval can take 3 months or so, then it's on to the NVC which can take another 3-4 months provided there's no problems, then it goes to the embassy. How soon he'll get an interview depends on the country. Some are a lot busier than others and the times can vary anywhere from 1-6 months.

I'm sorry the news isn't better for you.