If you’re pregnant while applying for a marriage-based visa or K-1 fiancé(e) visa to immigrate to the U.S., you may have concerns about how your pregnancy or the birth of a child will impact the immigration process. Whether you are in the U.S. or abroad, the birth of a child during the application process can have specific implications for your status and your child’s immigration status.

Marriage-Based Immigration and Pregnancy

If you’re applying for a marriage-based green card through your marriage to a U.S. citizen, pregnancy does not typically delay or affect the process. However, there are key considerations:

• Medical Exam: As part of the immigration process, you’ll need to undergo a medical exam. Pregnancy does not exempt you from this requirement, although if you are far along in your pregnancy, the exam may be rescheduled.
• Visa Interview: If you’re outside the U.S. and applying through consular processing, pregnancy will not affect your ability to attend the interview. However, you may need to adjust travel plans if health concerns arise.

K-1 Visa (Fiancé(e) of U.S. Citizen)

For those entering the U.S. on a K-1 fiancé(e) visa, pregnancy is also generally not an issue. However, there are a few points to note:

• Medical Exam: You must still undergo a medical examination, and any complications from pregnancy may cause delays or rescheduling.
• Marriage Timeline: The K-1 visa requires you to marry within 90 days of entering the U.S. Even if you are pregnant, this timeline does not change. If you have complications, it’s essential to address them as soon as possible.

What Happens to the Child Born During the Immigration Process?

Child Born in the U.S.

If you give birth in the U.S., your child will automatically be a U.S. citizen, regardless of your immigration status. This citizenship is guaranteed under the 14th Amendment. However, the birth of a child does not automatically speed up or change your immigration process.

Child Born Abroad

If you give birth abroad while your immigration case is pending, the situation depends on your status:

• If one of the child’s parents is a U.S. Citizen: If the U.S. Citizen petitioner is the child’s biological parent, then the child will automatically be a U.S. Citizen as well, provided the parent meets the physical presence requirements.
• If neither of the child’s parents are U.S. Citizens: If neither biological parent is a U.S. Citizen, then the child will need to be included in the petition as a derivative beneficiary.

Pregnancy during the immigration process doesn’t change the fundamental requirements for your visa, but there are practical steps to consider, including medical exams and potential delays. The birth of a child can affect the immigration process depending on whether the child is born in the U.S. or abroad, and whether they can be added as a dependent or require separate immigration processing.

At Rokas Law Office PLLC, we are experts in marriage and K-1 visa immigration and can guide you through the process, helping you navigate any concerns related to pregnancy or the birth of a child. Contact us today for advice on your specific situation.