Wedding, dependent children & expecting

[tofumeister]

Hello,

I have a somewhat complicated case.

I am an american citizen, my girlfriend is swiss and pregnant, we have 2 small children with both swiss and US passports. we have been living together in Berlin, Germany for about 5 years. My girlfriend and children are my dependents.

I have been accepted to a graduate school in the USA and would like to move my family there. I need to be there within 3 months, the baby should arrive in about 6 months.

we plan to marry in switzerland, and apply for the i-130 for my spouse. our biggest concern is being together when the baby is born.

is it possible for my spouse to travel to the USA and have the baby on her tourist visa? she has a 10 year multi entry tourist visa. we dont have the time to wait on a k-3 visa(i read it takes 5 months or longer). we intend to return to germany to finish the I-130 process.

is there anything we need to be aware of? is there any penalty if, in a worst case scenario, the birth has complications, and she cannot travel back to europe before the 90 days allowed?

or is there another way to approach the situation differently... for example marrying in Germany or the US, or to speed up the K-3 visa... i read somewhere that we can receive the K-3 visa in Frankfurt, is that true?

thank you for the help.

[barbarajlw]

Hello,

I have a somewhat complicated case.

I am an american citizen, my girlfriend is swiss and pregnant, we have 2 small children with both swiss and US passports. we have been living together in Berlin, Germany for about 5 years. My girlfriend and children are my dependents.

I have been accepted to a graduate school in the USA and would like to move my family there. I need to be there within 3 months, the baby should arrive in about 6 months.

we plan to marry in switzerland, and apply for the i-130 for my spouse. our biggest concern is being together when the baby is born.

is it possible for my spouse to travel to the USA and have the baby on her tourist visa? she has a 10 year multi entry tourist visa. we dont have the time to wait on a k-3 visa(i read it takes 5 months or longer). we intend to return to germany to finish the I-130 process.

is there anything we need to be aware of? is there any penalty if, in a worst case scenario, the birth has complications, and she cannot travel back to europe before the 90 days allowed?

or is there another way to approach the situation differently... for example marrying in Germany or the US, or to speed up the K-3 visa... i read somewhere that we can receive the K-3 visa in Frankfurt, is that true?

thank you for the help.

As you are the USC your child automatically is entitled to a US passport, like your other 2 children. I am not sure about her having baby in USA hopefully someone else can chime in here. As how is she going to have medical cover and so on when she is just visiting. I personally would have the baby there and you come over for the birth.
You can get married yes in Germany and file a CR1 spousal visa for your wife. No more K3 visa. You have to be in the USA and have accomodation and income to support her and your children. When the petition is approved she will have to be in Germany as she will have an interview and then if that is approved she can follow on to meet you in the states. You will need to gather proof of course of a bonafide marriage and so on. But you will have all that. You need to read the guides on CR1 visa applications.