AOS, with pregnancy?

[LlamaInvasion 76]

I've posted before, and I'm sorry if this seems repetitive, I'm just very confused and there's a lot to take in. Last time I posted, I was worried that my last date of entry would be too recent to file for an AOS, but some really lovely people here informed me the date of entry doesn't matter. Still, since my boyfriend doesn't have a job at the moment, the plan was to wait until I was done with school, then do the K1 from scratch after I'd gone home to Norway.

After suspecting for a few weeks, I've just found out today I'm pregnant. We're happy, but also really scared for what the best way to proceed will be from here.

My Visa expires in May. If my boyfriend gets a job before then, can we file for AOS before (or after) my visa expires?

We want to get married, and the fact that he doesn't meet the income requirement was the only reason we wanted to postpone until after I was done with school. Now we're uncertain whether getting married as soon as possible, or waiting, is better?

And what if I can't enroll back in school for fall semester, since I'll be due in the fall? (As far as I've understood, I'm only allowed to stay in the US past my visa expiration as long as I stay in school and have a valid I-20?) What if I then have to go home and the child is born in Norway? I know I can go through with the K1 from there, but what about the child?

I know I probably need to find an immigration lawyer, but I wouldn't know where to even begin looking for one. I feel absurdly worried about everything, and feel like I have a thousand questions that should be obvious. Obviously if it comes to it, I'm more than willing to go home either before or after I give birth, if that's what it takes to get things done as smoothly as possible, but ideally I'd stay here with my boyfriend. I wish I had a step-by-step for "How to file for an AOS when your visa is near expiration, with baby on board." :/

[Harpa Timsah 13,258]

You can file for AOS now (you have to get married). You can use a co-sponsor if your boyfriend does not make the income requirements (this can be a parent, relative, or friend). You may, even after that, choose to have the baby in Norway because without insurance, having a baby is expensive in the US (and even with insurance). Your baby will be a US Citizen automatically if your boyfriend has lived here most of his life (I think the requirement is 5 years after age 14, but don't quote me on that). I would get married and file AOS now... the process is taking about 3-4 months so that should give you time to get your greencard approved and develop a birth plan/country together but give you rights to live here and come back straight away after you have your baby (if you choose to have it in Norway).

Here is the guide http://www.visajourney.com/content/i130guide2

And hey... Congrats!!

[yohino 22]

I can tell you one thing, (the easy explanation) if the father of the child is a USC, then your child would be too, by birth right, even if he/she would be born in Norway. You would need to file a Consular Report of Birth Abroad with the US Embassy in Norway and the childs get's an US Passport and will not need to apply for a visa like you would, if you now choose/decide to go home and start the immigration process from there.

For the income requirement, it is possible to have co- or joint sponsor on your AOS application, might want to look into that.

As I see it now the Affidavit of Support is your only problem, your circumstances have clearly changed since entering so I don't think they would deny your AOS, if you choose to go that way.

[SuperDuper! 230]

First of all, Congratz on the Baby! Always a blessing from God.

Second, it has NO BEARING on AOS or any other immigration matters, period.

What a pregnancy means, is that one set of glands was urgently calling out to another, and a life was created as a result.

Best Wishes, and may all your dreams come true!

[Inky 1,110]

You may want to look into how much it will cost having the baby in the US without insurance VS having it in Norway. US is going to be incredibly expensive without insurance. If you can find a company that will cover it they don't cover all of it and it will still be very expensive.. My husbands sister a USC had a child and it cost her 20k without insurance. Shes currently being chased after by debt collectors because she cant pay it.

[LlamaInvasion 76]

Thank you, everyone.

one more question; is it important that we get married ASAP so the AOS forms might have time to process before my Visa expires in May? Is it okay if we marry in a month or two, and then just make sure to file for AOS before my Visa expires (thus, likely not receiving a response until after my Visa has expired)? I'm going to assume once my Visa expires, it'll be too late to do anything. But if we can wait a month or two as long as we file before the expiration, my boyfriend could find a job in the meantime, whereas if things are really rushed and needs to be processed before my Visa expires, he'd have to start looking for a co-sponsor.

[JimVaPhuong 4,863]

Thank you, everyone.

one more question; is it important that we get married ASAP so the AOS forms might have time to process before my Visa expires in May? Is it okay if we marry in a month or two, and then just make sure to file for AOS before my Visa expires (thus, likely not receiving a response until after my Visa has expired)? I'm going to assume once my Visa expires, it'll be too late to do anything. But if we can wait a month or two as long as we file before the expiration, my boyfriend could find a job in the meantime, whereas if things are really rushed and needs to be processed before my Visa expires, he'd have to start looking for a co-sponsor.

The AOS does not have to be approved before your visa expires. You are granted a period of authorized stay while the AOS application is pending.

Ok, here's the deal about your status and what is affected by it...

If you overstay your visa for less than 180 days then you will generally have a tough time getting another visa, but it's not impossible. If you overstay by more than 180 days and then leave the US then you will be banned from returning for 3 years. If you overstay by more than a year and then leave the US then you will be banned from returning for 10 years. These bans are very difficult to overcome.

Now, when you submit an AOS application as an immediate relative of a US citizen then your current status is irrelevant. USCIS won't even consider it. It doesn't matter if your visa is still current, or you've overstayed by 10 years. So it would seem like you could take your time, and submit the AOS petition whenever you feel you're ready.

But not so fast...

If your visa expires and you haven't submitted the AOS petition yet then you're out of status. Theoretically, you could be placed in removal proceedings and deported. An AOS submitted after you've been placed in removal proceedings must, by law, be presumed to be an attempt to circumvent immigration law. The bar is raised substantially as far as the evidence you'd need to prove a bona fide relationship. If you end up being deported then an automatic ban kicks in.

Another thing to consider is that there are many discretionary factors an IO can use to deny an AOS application. There is no guarantee it will be approved. If it's denied then you can go through the appeals process, but you could still eventually be placed in removal proceedings and deported. Again, if you end up being deported then an automatic ban kicks in.

So, the prudent advise is to submit the AOS petition as soon as humanly possible. Above all, don't wait so long that you have 180 days of overstay when you submit the petition. Otherwise, you'll have to deal with a ban if the AOS is denied and you end up leaving the US. As long as you don't have more than 180 days of overstay then you can deal with a denied AOS by returning to your home country and pursuing a CR1 visa.

[LlamaInvasion 76]

Thank you for all the help!

We will definitely make sure to file before my Visa expires. It's good to know that my boyfriend has at least a week or two to find work, though, and maybe not have to ask anyone to co-sponsor.

[Harpa Timsah 13,258]

One more thing: There is a limbo time in which you cannot leave the country while you are applying for AOS. Once your application is initially accepted, you cannot leave the country until you have either a temporary travel permit called Advance Parole, or the GC itself. The whole process is taking around 3-4 months now to get the GC (travel docs come in 2-3 months) so if you want to have the baby in Norway then it's best to apply soon so you can have the whole process behind you and be a Permanent Resident as early as possible. You don't want to be too far along to travel and be stuck here waiting for an interview! Good luck.

[LlamaInvasion 76]

Thank you

If my boyfriend does need a co-sponsor though, they would each have to fill out an I-864?

Also, how much evidence of our relationship do I need? I had an unfortunate hard drive crash about six months back that saw a lot of pictures lost, leaving me with like only 20. I have a lot (a LOT) of chat logs from AIM and the like, though. I'm pretty scared that this isn't enough documentation.

[Harpa Timsah 13,258]

If your bf needs a co-sponsor, then yes, he fills out a I-864 and your co-sponsor will also fill one out. USCIS understands that newlyweds haven't had a lot of time to develop evidence, however, get as much as you can. I personally wouldn't bother with AIM chats for a married couple case... you live in the US together, and chats just show you are apart. There is a list of suggested evidence in the I-130 instructions. It lists a joint lease, joint bank account, affidavits from 3rd parties, and birth certificates of any children born to you (and some other things). I think you could get all of these things: lease, joint bank account once you marry, affidavits from your families, and a sonogram or statement from your doctor about your child. Good luck.

[LlamaInvasion 76]

Thank you all so much!