URGENT: Pregnant wife could face deportation?

[velid]

What is the name of your state? Virginia

I am on a J1 visa for a year with my dependent wife with me (with a J2 visa) but when I shared with the sponsor the good news of my wife's pregnancy, suddenly and without any warnings, my sponsor said they will withdraw the sponsorship of my wife (to become 'out of status') unless I send her back to her country 'Immediately'. I was amuzed by this reaction and I tried to get explanations, they said it is impossible for her to give birth in the USA because of many issues they didn't fully speak out. Even though I explained to them there are no risks because she is covered by insurance and I have funds to care for her, and I also committed that this development will not distract me from my academic work. So, I am now in a dilemma because my wife is in her 28th week, and I cannot afford to send her home in these conditions. If I don't she will become an illegal alien and the sponsor implied that authorities may forecefully deport her out of the country regardless of her conditions.

Any suggestions on this issue? The sponsor is insistent that she leaves immediately and there is nothing that could make them change their minds!

Thanks...

 

[AHA]

On a sidenote:
When does your 1 year J1 visa expire?

 

[velid]

In December 2005, my wife's visa also expire then. But the sponsor threatens to terminate the sponsorship that the visa was based upon.

 

[eddie_242]

You should sue . I would suggest to stay and give birth in the US trust me it will help you later and make life much more easy for your new born child.

 

[velid]

Thanks for the advice. The fact is that the OB/GYN doctor of my wife strongly recommended AGAINST travel, particularly international travel, of my pregnant wife for potential health risks to her or/and the fetus. In fact he even provided an official letter saying so.
If the sponsor pushes it too much by revoking her or my visa, then we may sue them. I just hope they would be rational, but you never know!

 

[airesflora]

Suing your Sponsor

While I feel for your situation, I'm not sure you can sue your sponsor for declining to sponsor you when you are pregnant. You may want to check into that.

I may be mistaken, but what I'm reading here is the sponsor agreed to sponsor you and your wife, no one else. If she wasn't pregnant at the time your sponsor made this agreement, then you've broken the terms of the sponsorship agreement and added an extra potential risk to the sponsor's finances. With a pregnancy there are so many possible things that could go wrong, causing your sponsor to absorb expenses for you that may not be covered by your insurance. This is probably why your sponsor reached the decision they did. Child birth is one of the largest risks of malpractice in the U.S.

But, suing your sponsor is probably the worst advice I've read. Because if I were sponsoring someone and they threatened a lawsuit, I'd immediately revoke sponsorship for all parties concerned and contact INS. That's what most people would do when threatened with a law suit. Then what would happen to you? And since you may have voided the agreement by bringing another person into the picture for the sponsor to bare financial responsibility for, I'm not sure the courts would hear your case. After all, it was you who decided to have a child, not the sponsor and since you are in the U.S. at their financial risk, they should have some say in the risks they are willing to assume. Just as you would have a say in what expenses were applied to your credit card, rather than having charges placed their randomly.

Can you negotiate an agreement with your sponsor to place the funds toward any risk in the future in a trust fund until the baby is born? Then, once the birth is safe and your child is here, the money could go back to you. That way, they might feel better about their finances.

I don't know either of you so I may be assuming a lot. Forgive me if I'm wrong, but when I saw the word law suit, I said, if it were me being threatened, what would I do? Especially after offering to help someone?
I hope you find resolution to this and your wife can stay in this country and give birth. If not, can you find another sponsor for her and the baby?

 

[open_minded]

Sponsor was mistaken, but suing not best!

I agree with aiseflora. Suing the sponsor is not a good idea.

However, it is a fact that the sponsor should have clearly said right from the beginning that pregnancy is not permitted. This is essential not only if she was not pregnant during the time of the agreement, but also because pregnancy can take place any time during the J-1 program.

But what I don't undrestand is that none of the visa sponsorships (F-1, J-1, H-1, etc.) have had the issue of pregnancy as a big problem, because usually, the sponsor has a statement saying that the main supporter is the one responsible for their well being, and taking care of pregnancy is among those points. But perhaps this sponsor is too wary or unable to accept a born baby in their program.

Finally, I must warn that the fund may be a trap to get the J-1 holder out of the program and his dependent out of the country, because usually such funds require huge amounts that are not possible to guarantee, and once the J-1 holder agrees on the conditions and cannot provide the amount needed, he will not be allowed to stay in the program and will have to take his wife and out they go.

I believe the best thing to do is to get an attorney who could explore the potential of having a LEGAL WAIVER document signed by the J-1 and J-2 holders that exempts the sponsor of any responsibility of the pregnancy if she is to give birth in the USA.

If it goes to the extremes and the sponsor revokes the visa for the dependent, she must find another sponsor or stay 'out of status' until she gives birth. I am sure the INS will undrestand her situation and allow her more time until she delivers, especially if her conditions are not safe for travel, but then she must leave with her husband and newly born American baby as soon as possible after the delivery.

I would also not imagine that the sponsor will do more than revoke the wife's visa if there is no legal action on behalf of the J-1 holder because it is not in their benefit to revoke the husband's visa. This would cause the whole family difficulties and could end up forcing the J-1 holder to sue the sponsor as he will have nothing left to lose.

Makes sense?

 

[just_plain_dum]

Why do you people feel the need to comment and provide advice when you obviously know little if anything about the J program?

The sponsorship of the J does not include totally financial responsibility for the J while they are here. Nor are they responsible for the medical bills of the J nor the dependents including the birth of the child.

The sponsor does agree to report compliance of the J to USCIS and take appropriate actions when the J is not compliant with immigration law.

As long as the J is in status so is his/her spouse. The J-2 can not be deported because of her pregnancy. The sponsor can terminate the relationship with the J and depending on the contractual relationship established between them, the J may or may not have recourse.

If you want to stay in the US with your wife and child I would suggest you identify another institution/agency to sponsor you and have your J file transferred and work for them.