Legal Question in Immigration Law in Tennessee

Hello,

This is my case; my fianc� and I were planning to get married by the end of 2010.

She lives in Colombia and I�m a naturalized US citizen, living here in the USA. We were going to do the K-1 process.

The problem is that she got pregnant with my child and my health insurance won�t cover her because they said that the pregnancy is a preexisting condition.

We decided for her to have the baby over there in Colombia, since her health insurance that she have through her employer will cover everything.

We want to get married before the baby is born and I do not know if there is a process where she can coming here, we get married and then she goes back to Colombia to have the baby, with all her documents to be able to come back to the USA, after she is authorized by her doctor to fly.

She has some vacation time left, about 9 days to come here and try to do something.

I do not know if there is a process that I can start from here to facilitate this situation.

Thank you very much


Asked on 12/08/09, 8:24 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Whether she can come to USA as a visitor or on some other non-immigrant visa depends on her situation and whether she can prove to the Consult and then to the CBP at the airport that she doesn't have an intent to immigrate to USA or have a child born in USA (and paid for by Medicaid, etc).

If you want to marry her before a baby is born (so a child can be a US citizen), you can fly to Colombia and marry her over there. Then, you can come back to USA alone and start all required paperwork to bring her to USA as an immigrant spouse.

In this case, of course, you will not need a K-1 visa, but will petition for an immigrant visa.

If you�d like to schedule a confidential telephone or email legal consultation, or need help in this matter, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and assist in matters of U.S. immigration law to clients from all States, as this is the matter of U.S. federal law.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice. This response doesn�t create an attorney-client relationship. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

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Answered on 12/13/09, 6:46 pm


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