My Wife Is Pregnant, Can We Expedite The CR1 Spousal Visa?

Being separated from your spouse is hard enough but it can be very stressful if your spouse is  pregnant in another country. There are a few ways that a CR-1 visa can be expedited depending on whether you qualify.

All expedite requests are reviewed by USCIS on a case-by-case basis, and are granted at the discretion of the USCIS Director.

The burden of proof is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met.

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Do I Qualify To Expedite My CR-1 Spousal Visa?

There are specific situations that may qualify you to expedite the CR-1 visa process:

  • Severe financial loss to company or ​person​;​
  • Emergency situation;​ (beneficiary is gravely ill)
  • Humanitarian reasons;​ (outbreak of war in the home country)
  • Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States​;​ (an organization broadcasting in regional areas to promote democratic interests​)
  • Department of Defense or ​n​ational ​i​nterest ​s​ituation;​ (request must come from​ an​ official U.S. government entity and state that delay will be detrimental to the government)
  • USCIS error; or​ (a mistake made by an adjudicator that delayed your application)
  • Compelling interest of USCIS. (this is extremely rare to qualify)

How Do I Submit An Expedite Request For My CR-1 Visa?

uscis-inadmissability-waiver-deniedIf you qualify based on the above mentioned criteria, you should contact the ​National Customer Service Center ​(​NCSC​)​ ​at 1-800-375-5283​. ​

The NCSC forward​s​ ​the Service Request​ ​to the office with jurisdiction over the application or petition​.​ You may also visit a local office by scheduling an ​InfoPass​ appointment or writing a letter to the ​field office​ or ​s​ervice ​c​enter.

Applicants or petitioners living overseas should submit their requests directly to the USCIS office ​with​ jurisdiction over their applications or petitions​.​

Does Pregnancy Qualify As An Emergency Situation?

Based on what the USCIS refers to as an emergency, pregnancy would not qualify. The beneficiary would need to be very ill to be considered an emergency situation.

Unless your spouse has serious complications with the pregnancy, it will be difficult to get approved based on this reason.

A normal pregnancy will not allow you to expedite your CR-1 visa application. You may contact USCIS to get a confirmation with your specific situation and more clarification about the requirements for expedition.

If My Child Is Born Overseas Will He Be A U.S. Citizen?

us-citizen-baby-passportAbsolutely! You can apply for a U.S. passport soon after your child’s birth. Citizenship is based on the citizenship of the parents, not only the country you are born in.

You should report your child’s birth as soon as possible to the nearest U.S. consular office for the purpose of establishing an official record of the child’s claim to U.S. citizenship at birth.

Usually, in order to establish the child’s citizenship, the following documents must be submitted:

  • an official record of the child’s foreign birth;
  • evidence of the parent(s)’ U.S. citizenship (e.g., a certified birth certificate, current U.S. passport, or Certificate of Naturalization or Citizenship);
  • evidence of the parents’ marriage, if applicable; and
  • affidavits of parent(s)’ residence and physical presence in the United States.

In certain cases, you may need to submit additional documents, including affidavits of paternity and support, divorce decrees from prior marriages, or medical reports of blood compatibility.

All supporting documents should be certified as true copies of the originals by the registrar of the office wherein each document was issued.

The official record is in the form of a Consular Report of Birth Abroad of a Citizen of the United States of America. This document, referred to as the Consular Report of Birth (form FS-240), is considered a basic United States citizenship document. There is a fee of $65.00 for processing of this document.

An original FS-240 is furnished to the parent(s) at the time the registration is approved. A Consular Report of Birth can be prepared only at a U.S. consular office overseas while the child is under the age of 18.

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