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Posted

Does anyone have any recent experience with obtaining a U.S. visa for a Thai citizen pregnant with the child of a U.S. citizen? Would a person in this situation receive any preferential or expedited attention in light of the fact that the soon-to-be-born child is half American? We've still got approximately 8 months 'til the due date right now. We have talked about getting married and having children for quite some time now. We just got the order a bit screwed up :o

I'm currently living and working in the U.S. I have insurance that would cover her for any medical care in the States once we are legally married. Would this have any weight in the matter? Should I consult an immigration attorney? It's not a total disaster if this does not come through as she has a wonderful, large, supportive (albeit quite poor) family that can help her spiritually and emotionally throught the next 8 months if she must remain in Thailand. For the health of the child, though, we'd prefer her to deliver in the U.S.

Thanks.

Posted

Prob not- child automatically would be come a US citizen if born on US soil! I think they most likely will deny your request on that factor alone. Airlines wont let her fly either after 2nd trimester. :o

Posted
Does anyone have any recent experience with obtaining a U.S. visa for a Thai citizen pregnant with the child of a U.S. citizen?  Would a person in this situation receive any preferential or expedited attention in light of the fact that the soon-to-be-born child is half American?

If the child is born to an American father and non-American mother outside the US, then he or she is not half or any other fraction American until you file for consular report of birth abroad, and prove to the satisfaction of a consular officer that you are the father. This is not based on things like DNA tests but on things like whether you can prove a relationship with the mother.

My strong instinct on this is that being pregnant works heavily against her for getting a B2 visa. I am not sure what processing times are for fiancee visas these days but getting one done on time for her to get a visa and be transportable would be tight.

You can get married in Thailand before the baby is born, which *may* mean that the child has a stronger claim on American citizenship, but if you have a real thing going with the mother, you have nothing to worry about in terms of claiming citizenship for the child, so there's little reason to get married in Thailand just for that, and it could complicate your visa situation should you want to bring your GF to the US at some point.

You should talk to a lawyer.

Posted (edited)
For the health of the child, though, we'd prefer her to deliver in the U.S.
Wrong thing to tell the embassy........which part of Thailand have you been to? Not Bangkok? Have you seen Bumrungrad, BNH and Samitivej Hospitals?

Why dont you just pay for her medical expenses in a posh hospital for delivery if you cannot get her there on time.

My strong instinct on this is that being pregnant works heavily against her for getting a B2 visa. I am not sure what processing times are for fiancee visas these days but getting one done on time for her to get a visa and be transportable would be tight.

You can get married in Thailand before the baby is born, which *may* mean that the child has a stronger claim on American citizenship, but if you have a real thing going with the mother, you have nothing to worry about in terms of claiming citizenship for the child, so there's little reason to get married in Thailand just for that, and it could complicate your visa situation should you want to bring your GF to the US at some point.

Typical is right, especially when both of you are not married. Even if you are, you still have to prove that the relationship is genuine. A friend of mine had to get DNA tests done on the baby before they will allow visa approval, even though they were married...cos he lived in the Statee and her here. It is always not straight forward, case to case basis.

I wouldnt suggest talking to a lawyer (they will tell you a whole load of <deleted>), talk to your US Immigration in US or the US embassy here.

Good Luck!

Edited by SK1972
Posted
Does anyone have any recent experience with obtaining a U.S. visa for a Thai citizen pregnant with the child of a U.S. citizen?  Would a person in this situation receive any preferential or expedited attention in light of the fact that the soon-to-be-born child is half American?  We've still got approximately 8 months 'til the due date right now.  We have talked about getting married and having children for quite some time now. We just got the order a bit screwed up :o

I'm currently living and working in the U.S.  I have insurance that would cover her for any medical care in the States once we are legally married. Would this have any weight in the matter? Should I consult an immigration attorney?  It's not a total disaster if this does not come through as she has a wonderful, large, supportive (albeit quite poor) family that can help her spiritually and emotionally throught the next 8 months if she must remain in Thailand.  For the health of the child, though, we'd prefer her to deliver in the U.S.

Thanks.

I'm not saying you should do this, but i know a thai girl who was eight months pregnant, went to u.s on tourist visa, so she could give birth in the u.s and get her baby u.s citizenship. She hid her bump under some very baggy clothing to hide from the airline - because you're not supposed to fly that late on in pregnancy - and from immigration once in the u.s.a. She had no medical insurance and a charity paid for all her medical expenses. The baby now has u.s and thai citizenship.

Posted

. We have talked about getting married and having children for quite some time now. We just got the order a bit screwed up :o

I'm currently living and working in the U.S. I have insurance that would cover her for any medical care in the States once we are legally married. Would this have any weight in the matter? Should I consult an immigration attorney? It's not a total disaster if this does not come through as she has a wonderful, large, supportive (albeit quite poor) family that can help her spiritually and emotionally throught the next 8 months if she must remain in Thailand. For the health of the child, though, we'd prefer her to deliver in the U.S.

Thanks.

Glad that at least she has family to help out. Doesn't say much about you now does it.

Too bad you can't just point and click on this huh?

Mr Vietnam

Posted

Thanks for all of your advice, fellow ThaiVisa posters. Hopefully, the advice will be useful to others in similar circumstances. Unfortunately, she lost the pregnancy 1 and a half months in :o

She will be a wonderful, caring mother one day. We're certainly gonna be more careful from now on, though, and take care of visas and marriage first! :D

Thanks again.

Posted
Does anyone have any recent experience with obtaining a U.S. visa for a Thai citizen pregnant with the child of a U.S. citizen?  Would a person in this situation receive any preferential or expedited attention in light of the fact that the soon-to-be-born child is half American?

If the child is born to an American father and non-American mother outside the US, then he or she is not half or any other fraction American until you file for consular report of birth abroad, and prove to the satisfaction of a consular officer that you are the father. This is not based on things like DNA tests but on things like whether you can prove a relationship with the mother.

My strong instinct on this is that being pregnant works heavily against her for getting a B2 visa. I am not sure what processing times are for fiancee visas these days but getting one done on time for her to get a visa and be transportable would be tight.

You can get married in Thailand before the baby is born, which *may* mean that the child has a stronger claim on American citizenship, but if you have a real thing going with the mother, you have nothing to worry about in terms of claiming citizenship for the child, so there's little reason to get married in Thailand just for that, and it could complicate your visa situation should you want to bring your GF to the US at some point.

You should talk to a lawyer.

Have to echo the above about denying a visitors visa. Being pregnant and wanting to travel to the US is a certain guarantee of a visa refusal. Do not bother trying to apply for a b1/b2 (visitor tourist visa), it will shut her out of many options she has with a refusal and will prejudice future visa considerations.

Your better choice would be to apply for a fiancee or marriage visa. You should go to thailand and be there with her for the application. Both are still long processes.

Given the above, if she just stays in Thailand there is great health and pre-natal care there at a fraction of the US price. My wife carried and delivered (before we were married) our first child in Bangkok in 2002. We used St. Louis hospital near surasak. Weekly checkups ran between 1,000-2,000 baht. The attended birth and three days in a private room came to 18,000 baht total.

If you can prove your relationship after the child is born, the child should have no problem getting US citizenship. There is no requirement that you be married to get the child US citizenship. the US throws up all sorts of barriers to intending immigrants, but denial of citizenship to the offspring of a US parent can have serious legal implications for the consular officer if a legitimate child is denied due process.

You do have to be there when the application for citizenship and passport application are made. You have to be able to show the relationship and be able to document that you were there for the conception (no you don't need a video of it, just document your presence in Thailand with here via passport, plane tickets, photos...). If they don't believe you then its DNA testing. The consular people were very good about it with me when we applied in 2002.

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