Girlfriend Pregnant, I 130

[AcrossTheWorld 0]

Our story;

 

My girlfriend is from Chile. We met in Peru a little over a year and a half ago. She has come to visit me 3 times since then. The only times she has been in the US. We went to Australia together for 6 months and found out she was pregnant (January). To make money, I came back to the US and she went to Chile. We have decided to try to have the baby here in the US. And she entered on the Visa Waiver for a maximum of 90 days. We plan on getting married. Filing I 130 and I 485 after getting married.  She entered on March 31, and she is now 17 weeks pregnant. We want to be together. 

 

My Questions:

 

1. In regards to getting married and when to file the I 130. I am under the impression of the 30/60 day rule, in which getting married within 30 days of entering on a tourist visa, it sends up a Red Flag, and within 60 days, a yellow flag. 

 

Is that still true? Or would having a baby and knowing each other for almost 1.5 years be good enough justification to get married without it being fraudulent?

 

2. In regards to health insurance. I have a good job and good insurance, so that won't be a problem. But how soon can I add her to my insurance with her immigration status? Will my insurance take her with a pending I 130? We want to get the baby checked out ASAP. 

 

Thanks. 

 

[Boiler 43,429]

No such thing as the 30/60 day rule

 

Ask your Insurers.

[geowrian 22,335]

Entering the US via the VWP with the intent to stay and file for a green card is fraud.

 

The 30/60/90 day aspect is a DoS rule/guideline, not USCIS.

 

Having a child is not proof of a bona fide marriage. It (generally) means 2 people have been in contact with each other, but does not show proof of a real relationship between them. Two parents can have and support a child without marrying or even being together.

 

The marriage is a qualifying event to add somebody to your health insurance. Her immigration status shouldn't matter, really, and you can signup without an SSN. Many places will say they need an SSN, but it's not required so let them research it. The only way for her to get an SSN is to file for AOS + EAD (and AP if you want), and wait for the EAD to arrive then use that to file for an SSN. ETA: 90-120 days for the EAD. By the time that happens, the window to add her to your employer's plan very likely will have passed.

[s + j 71]

1 minute ago, geowrian said:

Entering the US via the VWP with the intent to stay and file for a green card is fraud.

 

The 30/60/90 day aspect is a DoS rule/guideline, not USCIS.

 

Having a child is not proof of a bona fide marriage. It (generally) means 2 people have been in contact with each other, but does not show proof of a real relationship between them. Two parents can have and support a child without marrying or even being together.

 

The marriage is a qualifying event to add somebody to your health insurance. Her immigration status shouldn't matter, really, and you can signup without an SSN. Many places will say they need an SSN, but it's not required so let them research it. The only way for her to get an SSN is to file for AOS + EAD (and AP if you want), and wait for the EAD to arrive then use that to file for an SSN. ETA: 90-120 days for the EAD. By the time that happens, the window to add her to your employer's plan very likely will have passed.

Doesn't really matter anymore as it sounds like she's already in the US. Immigration intent was determined at POE, and she was let in so that can't be held against her anymore.

[geowrian 22,335]

2 minutes ago, s + j said:

Doesn't really matter anymore as it sounds like she's already in the US. Immigration intent was determined at POE, and she was let in so that can't be held against her anymore.

Not arguing that. Edit: Not disagreeing with you. (I think that's more clear...re-reading my original post could be construed elsewise).

Edited April 18, 2017 by geowrian

[JFH 12,189]

23 minutes ago, s + j said:

Doesn't really matter anymore as it sounds like she's already in the US. Immigration intent was determined at POE, and she was let in so that can't be held against her anymore.

He said they decided to try and have the baby in the USA. Sounds like immigration intent to me. But the point is moot since she was successfully admitted into the country. 

 

OP, having a child together does not mean your relationship

is any more bona fide than others. I had emergency surgery at the age of 30 and that involved removing the necessary organs to carry a pregnancy so it is a physical impossibility for my husband and I to have children. Doesn't mean our relationship isn't genuine. Having a baby proves nothing more than the fact that your reproductive organs work. 

 

As as already mentioned, the 30/60 day "rule" is a myth. 

[AcrossTheWorld 0]

Thank you all for the responses.

 

To clarify, the reason for coming here was to decide our options. My girlfriend and I are paying for her insurance in Chile still, as well as she has an established OBGYN doctor there, with the option of having the baby there. I am contractually obligated to finish the contract for my job here for the next 5 months. We want to be together during the process, so having it here is financially and personally in our best interests. 

 

I also did not mean to use the baby as a justification for a smooth visa application. I had spoken with a lawyer a few weeks prior, and he told me about the 30/60 rule. But also stated it is used for people who enter the US with the intention of marrying with fake relationship. He said that having a baby AND having pictures together/having a real relationship for the last year are good evidence for showing that the relationship wasn't faked for immigration purposes.
 

So the 30/60 day rule is a "myth" or more of a guideline. Will it have any affect on her green card application?  

[Mary Lou 670]

14 minutes ago, AcrossTheWorld said:

Thank you all for the responses.

 

To clarify, the reason for coming here was to decide our options. My girlfriend and I are paying for her insurance in Chile still, as well as she has an established OBGYN doctor there, with the option of having the baby there. I am contractually obligated to finish the contract for my job here for the next 5 months. We want to be together during the process, so having it here is financially and personally in our best interests. 

 

I also did not mean to use the baby as a justification for a smooth visa application. I had spoken with a lawyer a few weeks prior, and he told me about the 30/60 rule. But also stated it is used for people who enter the US with the intention of marrying with fake relationship. He said that having a baby AND having pictures together/having a real relationship for the last year are good evidence for showing that the relationship wasn't faked for immigration purposes.
 

So the 30/60 day rule is a "myth" or more of a guideline. Will it have any affect on her green card application?  

This lawyer has no idea what he is talking about. Pictures, and having a baby means nothing to immigration. You need strong evidence to a bona fide relationship, No one wants to be apart from their loved one, the visa process is long and frustrating.

[Mary Lou 670]

9 minutes ago, Dee elle said:

The only way you will know the outcome is to go through the process.  

Remaining in the US and adjusting has a bigger risk IF you are are denied as it leads to  deportation and bans..... Returing to home country and applying  for CR 1.. requires you to be married.... isnt guaranteed approval  but there are appeal processes available if the relationship is deemed questionable... 

No one wants to be seperated... but we eventually accept it as inevitable , suck it up and get on with it... 

This!!!!!!!!!!

[DrEllaNJ 288]

sounds like for insurance purposes, it might be best to get married ASAP. You may indeed get more scrutiny when getting married so quickly after entry on a tourist visa, but should be able to overcome that with good evidence. Which you should have: passport stamps /boarding cards from when she visited you in the US; passport stamps / boarding cards for both of you when you went to Australia together, maybe hotel bills from there? and once you are married, add her to your health insurance; try to get her on your bank accounts; etc.

 

Some of the evidence won't be presented until the interview, so the baby might be born by then and you can include the baby's birth certificate. Take a look at the list of 'bona fide evidence' to include and include what you can now. And aim to include more/other evidence when you go to your interview, so take necessary steps in the meantime (to add her to your phone plan, make her your beneficiary for 401k accounts, maybe get her on the apartment lease, etc).

 

 

[Diane and Chris 651]

I am following this topic. I am curious about a few things. If this couple gets married in the US, will she then need to go back to Chile and return on CR-1 visa?  Would it be better for them if they marry in her home country?  Would it be fraud if, when she entered the US and was asked for the purpose of her visit, she did not tell them her intention was to marry?  It is my understanding that you do not enter on an ESTA with the intention of marrying.  Thanks. 

[Ontarkie 13,914]

~~Moved to AOS From Work, Student and Tourist Visas, from What Visa Do I Need. - As the OP and his Fiance are both in the US this is the process they are starting.~~

~~Note to the others Focus on answering the OP's questions. His fiance was let into the country legally. Any thoughts on AOS'ing prior to her arrival are no longer an issue.~~

[geowrian 22,335]

3 hours ago, AcrossTheWorld said:

To clarify, the reason for coming here was to decide our options. My girlfriend and I are paying for her insurance in Chile still, as well as she has an established OBGYN doctor there, with the option of having the baby there. I am contractually obligated to finish the contract for my job here for the next 5 months. We want to be together during the process, so having it here is financially and personally in our best interests. 

 

I also did not mean to use the baby as a justification for a smooth visa application. I had spoken with a lawyer a few weeks prior, and he told me about the 30/60 rule. But also stated it is used for people who enter the US with the intention of marrying with fake relationship. He said that having a baby AND having pictures together/having a real relationship for the last year are good evidence for showing that the relationship wasn't faked for immigration purposes.
 

So the 30/60 day rule is a "myth" or more of a guideline. Will it have any affect on her green card application?  

Entering with the intent to stay is fraud. Entering and then deciding to stay is not. Since OP's fiance is in the country already, fraud is no longer relevant.

 

The lawyer you spoke with sounds like he doesn't really know much here, sorry. The 30/60 "rule" has no impact. Intent is determined at POE...what happens within 30 or 60 days after that doesn't matter. As for a child, it doesn't help or hurt your case...as I noted above, it's fairly easy for people who are trying to fake a relationship for a green card to have a child. The birth certificate aspect is more of a way to show that it's not fraud. AOS does not require showing that you are not committing fraud...it requires showing a bona fide marriage. The burden is on you to prove it's real, not them to show it's fake.

 

30 minutes ago, Diane and Chris said:

I am following this topic. I am curious about a few things. If this couple gets married in the US, will she then need to go back to Chile and return on CR-1 visa?  Would it be better for them if they marry in her home country?  Would it be fraud if, when she entered the US and was asked for the purpose of her visit, she did not tell them her intention was to marry?  It is my understanding that you do not enter on an ESTA with the intention of marrying.  Thanks. 

Marrying on a tourist visa or VWP or similar is fine. It's the entering with those with the intent to stay that is not permitted. You can marry in the US and then file for a CR-1 fine.

Edited April 18, 2017 by geowrian

[caliliving 606]

Intent was established when you entered at POE!

you are fine! stay here, aos and u wont have a problem! just get strong ties to show your relationship is geunine!

 

the 30/60/90 day rule doesnt really matter! u will be fine though... intent is established at POE once you are entered the interview job is ONLY to make sure you have a real, genuine relationship!  

 

 

[caliliving 606]

2 hours ago, Diane and Chris said:

I am following this topic. I am curious about a few things. If this couple gets married in the US, will she then need to go back to Chile and return on CR-1 visa?  Would it be better for them if they marry in her home country?  Would it be fraud if, when she entered the US and was asked for the purpose of her visit, she did not tell them her intention was to marry?  It is my understanding that you do not enter on an ESTA with the intention of marrying.  Thanks. 

no she wont - it is perfectly LEGAL to enter the country and then 10min later change your mind and decide to stay and AOS.  In fact, at the interview NO ONE even brings it up - the io ONLY cares that your marriage is legit and real.

 

no, it is better since they are in america already to marry here and AOS here and stay and not leave until she has a gc.  it doesnt matter - lots of people change their minds 2 minutes later!  lol

 

read the stories on people that AOS from tourist visas.. have you seen one case where someone has been denied a visa based on this? NO! bc u can not be denied a visa for changing your mind AFTER poe!

 

the fact of the matter is - the border is there to prove your intent.. if you get pulled into secondary and questioned and they look through luggage, laptop, phone ect and find evidence then you have a HUGE problem (good luck on your life in america cards is a huge giveaway). if you get thru after that, your intent is over and you are free to marry, overstay whatever it is!