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J2 visa extension/COS due to pregnancy query

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  • J2 visa extension/COS due to pregnancy query

    I am a J1 visa holder and my wife (on J2) is pregnant. We both have medical insurance and she has been visiting her OB-GYN regularly as well. The issue is that both of our visas expire 3 months before her due date. I do not plan on extending my stay or applying for change of status because I have a job waiting for me back home but we want her to stay (legally offcourse) in US, deliver the baby and come back. This is solely because of better quality medical care here and risks associated with flying during pregnancy.

    1)Can someone please help me what are my options?
    2)Can she apply for change of status to B1/B2? or apply to have her J2 extended on medical grounds?

    We both have visited US a number of times in past, have had multiple B1/B2 visas, never overstayed (nor plan on doing so). Also have medical insurance (till her delivery date) and enough cash (for costs). I would appreciate any help/guidance I can get. Thanks!

  • #2
    6mo pregnant is OK to fly. The story you are describing here resembles awfully close the scenario of an "anchor baby", but that said, J-2 can't adjust status or extend their stay without the J-1 holder doing that first. Even for J-1, there are a lot of restrictions. For example, per USCIS (https://www.uscis.gov/visit-united-s...grant-status):

    If you are an international exchange visitor (J-1), you may not change your nonimmigrant status if:
    • You were admitted to the United States to receive graduate medical training, unless you receive a special waiver.
    • You are an exchange visitor and are required to meet the foreign residence requirement, unless you receive a waiver.
      If you do not receive a waiver, you may only apply to change to a diplomatic and other government officials (A visa) or representatives to international organizations (G visa)

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    • #3
      Originally posted by Kurosawa View Post
      6mo pregnant is OK to fly. The story you are describing here resembles awfully close the scenario of an "anchor baby", but that said, J-2 can't adjust status or extend their stay without the J-1 holder doing that first. Even for J-1, there are a lot of restrictions. For example, per USCIS (https://www.uscis.gov/visit-united-s...grant-status):
      Thanks for your reply. I explicitly mentioned that we want to deliver baby in US because of advanced medical care and risks associated with flying that late in pregnancy. No we are not after US nationality for us or even the child.

      That said, can my wife drive to Canada and apply for US B1/B2 visa over there? and if I am interpreting your reply correctly, J2 can't even apply for change of status to B1/B2 in USA unless the J1 applies for the same as well?

      Comment


      • #4
        because of advanced medical care and risks associated with flying that late in pregnancy
        That might be a hard case to make with the immigration officials.

        can my wife drive to Canada and apply for US B1/B2 visa over there
        Your best point of contact right now is an immigration lawyer. You have a bunch of complex status change/extension requests that this forum won't be able to answer. Something to keep in mind, however, is that the CBP officer can refuse entry to your wife, even with a visa, once they see that she is pregnant. With a caveat, of course, but you should always be aware that entry is at the discretion of the officer.

        According to the CBP page (https://help.cbp.gov/app/answers/det...sks-involved):

        When determining if you will be allowed to enter the U.S., CBP Officers take into consideration the date your child is due for delivery and the length of time you intend to stay in the U.S. In addition, they want evidence that you have sufficient medical insurance to cover any medical necessities while you are in the U.S. and that you intend to return home.

        If it is determined that you do not have sufficient medical insurance to cover any unexpected or expected medical care while in the U.S., you can be denied entry.

        Comment


        • #5
          She could apply for Change of Status to B2 status. It takes something like 3-5 months to process those applications now, and she can stay while the COS application is pending, so if she applies shortly before her J2 status expires (at the end of her 30-day grace period), she can buy a few months of time beyond that, regardless of whether the COS application is likely to be approved or not.

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            Originally posted by newacct View Post
            She could apply for Change of Status to B2 status. It takes something like 3-5 months to process those applications now, and she can stay while the COS application is pending, so if she applies shortly before her J2 status expires (at the end of her 30-day grace period), she can buy a few months of time beyond that, regardless of whether the COS application is likely to be approved or not.
            That option did cross our minds but what if her COS application is denied? Even if she leaves when she is given the decision she would then have overstayed which is illegal. Moreover, last thing we want is the authorities knocking on our door when she is about to deliver. We do have a valid Canadian visit visa. Can we go there and apply for B1/B2 from there? This way, we will know for sure and won't be taking any risk.

            Comment


            • #7
              Originally posted by newacct View Post
              She could apply for Change of Status to B2 status. It takes something like 3-5 months to process those applications now, and she can stay while the COS application is pending, so if she applies shortly before her J2 status expires (at the end of her 30-day grace period), she can buy a few months of time beyond that, regardless of whether the COS application is likely to be approved or not.
              Can you please comment on the source of that? Last I checked, J2 are allowed to only change to H4 within the US, which means that the J1 holder has to be on H-1B.

              The spouse can change status through consular processing, which means getting a visa outside the country, but with that there is always the risk of not being admitted back. See previous post with requirements for med insurance et al.

              Comment


              • #8
                Originally posted by Kurosawa View Post
                Can you please comment on the source of that? Last I checked, J2 are allowed to only change to H4 within the US, which means that the J1 holder has to be on H-1B.
                Any nonimmigrant is allowed to change to any other nonimmigrant status, except for a few specifically disallowed changes.

                I did forget to mention that if the OP's J-1 is subject to a 2-year home residency requirement, then they will not be able to change to any status (except to diplomatic statuses A or G) unless they get a waiver of that requirement.

                This is my personal opinion and is not to be construed as legal advice.

                Comment

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