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Immigration Issues/Immigration - My Spouse Overseas


Hello -

I have a question:  I married overseas recently, and have applied for my wife (I-130) for a Visa.  My question is, she may be pregnant at the moment, so how does that work?  Does that raise some complications for me?  I know that my K-3 Visa will probably take longer than 9 months, so our child may be born overseas in her country.  Is there anything that I can do to speed up the process for her to come here, so we can have our child here, since this may cause some hardship for this circumstance?  And if the child is born there, how can I bring it here?  Does it automatiaclly become a US Citizen, since I am?  Please help by advising me on this subject, your advice is greatly appreciated!

Ray N.

It is unfortunate you did not talk to someone before you proceeded. The best thing you could have done is bring her in as a fiance. But that is water under the bridge. You are going to need to file for your child if the child is born before she receives her visa and arrives in the USA.  This will of course cause more delays. All I can say is you should contact the consulate and request expedited treatment because of her condition.  They may choose to do so, but there is nothing you will be able to do to force them.

Good luck.

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Alexander J. Hay


I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".


I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

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