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ResourcesVisa & Immigration LawUS Immigration LawHow Does Pregnancy Impact a K-3 Visa Application?

How Does Pregnancy Impact a K-3 Visa Application?

Transcript of the above video:

As the title of this video suggests, we are discussing the K-3 Visa and pregnancy.

What do we mean by this?  Well there are certain times and there are certain cases, and in this situation we're going to presume that this is the female foreign spouse of an American citizen and that female foreign spouse has become pregnant by that American citizen during the course of the processing of a given case or prior to filing for Immigration benefits to the United States. 

The question does sometimes come up, often times it seems to happen a midway through a lot of my cases, especially marriage visa cases, a client will basically send me an email and say "hey, we're pregnant", to which I say "congratulations, great". And they say "how does this impact the case?" Well in point of fact it of course is commonsensical to presume it's never going to hurt a case; if anything it goes very far in bolstering the bona fides of the given marriage.  But that being said to presume that it will have some bearing on for example legal ground of inadmissibility, that's erroneous to think that.  If there are legal grounds of inadmissibility in a given K-3 case, the fact that the applicant for that visa happens to be pregnant with the American citizen's child is irrelevant to the adjudication the Consular officer has to make with respect to the eligibility of visa issuance associated with that visa applicant.  But that being said, again going back on a factual level, of course pregnancy, it only goes to show that the marriage is bona fide. 

Further, those who are using a pregnancy to try and gain more certainty with respect to Immigration benefits that is a terrible idea.  You should never make lifestyle choices specifically to gain any Immigration benefits or to change Immigration benefits etc. For example it is never a good idea to simply get married, a so-called "marriage of convenience", specifically for the purpose of seeking Immigration benefits. In fact arguably, that is Immigration fraud. But in a pregnancy circumstance and frankly as a practical matter I've never really seen this because most people don't get pregnant just to gain a visa, but I just want to be very clear that it is not a good idea to get pregnant just to shore up ones case or maybe applicants feel like it might shore up ones case. 

But the thing to take away from this video is sure, “yes pregnancy is a good thing”. It's always a good thing when children are on the way in a given family but it has some impact on the bona fides, the factual side of an Immigration adjudication, but from the standpoint of prior legal grounds of inadmissibility, no it's not really going to have any impact. So prior criminal record that is not going to be mitigated in any way by the fact that the applicant is pregnant. In fact that's not going to be factored into that analysis at all. 

So if you got legal grounds of inadmissibility, it is probably a good idea to contact a legal professional in order to get assistance in dealing with overcoming those legal grounds of inadmissibility in an Immigration setting.