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My friends fiance has been here visiting from the UK for the last month. My friend just found out that she is pregnant and her fiance is set to leave January 1st. They are planning to file for the K1. Considering the circumstances, his leaving would put her in the "extreme hardship" category as she already has 3 young children from her previous marriage. Can't they get married now and him stay? If she is left here alone this will be terrible for her.


12-27-2010: I-129F arrived at USCIS sent packet on 12/23

12-29-2010: Notice date on NOA1

12-31-2010: Check cleared

01-02-2011: NOA1 received via SMS & E-Mail

01-06-2011: NOA1 hardcopy received via USPS[/color]

2-17-2011:Touched

04/12/2011:NOA2!!!!!

4-18-11: Received by NVC

4-20-11: Left NVC

4-24-11: Received by the consulate in Abu Dhabi

4-27-11:Received both packet 3 & 4 via e-mail from Abu Dhabi

7-25-11:Interview date-Administrative Processing

8-3-11:Administrative Processing ended - APPROVED!!!!!! :D

8-25-11:POE-SFO

9-10-11:Married!!!

9-26-11:Sent AOS Packet

10-6-11:Received NOA1s via text and E-mail

10-9-11:NOA1 hardcopies received, along with biometrics appointment letter

10-25-11:Biometrics Appointment

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My friends fiance has been here visiting from the UK for the last month. My friend just found out that she is pregnant and her fiance is set to leave January 1st. They are planning to file for the K1. Considering the circumstances, his leaving would put her in the "extreme hardship" category as she already has 3 young children from her previous marriage. Can't they get married now and him stay? If she is left here alone this will be terrible for her.

They could get married now, but it would probably be for the best for him to return to the UK while she files the petition for the CR-1 spousal. If they go through the AOS process now, there's the risk of being seen as getting pregnant on purpose. Also, if it's an extreme hardship, then financially, she would likely be better off going the spousal route (spouse would enter the country with the ability to work) if the costs associated with the K-1 process would be too much for her.


Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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Well the fiance could stay, marry and adjust right now. However, calling it "extreme hardship" is certainly not true. If she couldn't handle having another child then they should not have gotten pregnant at this time. There are many many single parents currently in the US, I don't think that this case is special that they could not wait the next few months to apply for the K1 visa if that was the route they intended to follow.

I knew there would be a comment of this nature. Your comment is not helpful. I agree that getting pregnant is not what was best in this situation and they are both aware of that as well. The fact is that the situation exists now. And I don't know about you but I personally believe that what God wills will be and it doesn't matter if she had been cut tied and burned, she would get pregnant. Now as far as her circumstances go, extreme hardship would be the case and unless you have all the facts I do not think that is your decision to make.

I do however appreciate your intial answer thank you for your time.


12-27-2010: I-129F arrived at USCIS sent packet on 12/23

12-29-2010: Notice date on NOA1

12-31-2010: Check cleared

01-02-2011: NOA1 received via SMS & E-Mail

01-06-2011: NOA1 hardcopy received via USPS[/color]

2-17-2011:Touched

04/12/2011:NOA2!!!!!

4-18-11: Received by NVC

4-20-11: Left NVC

4-24-11: Received by the consulate in Abu Dhabi

4-27-11:Received both packet 3 & 4 via e-mail from Abu Dhabi

7-25-11:Interview date-Administrative Processing

8-3-11:Administrative Processing ended - APPROVED!!!!!! :D

8-25-11:POE-SFO

9-10-11:Married!!!

9-26-11:Sent AOS Packet

10-6-11:Received NOA1s via text and E-mail

10-9-11:NOA1 hardcopies received, along with biometrics appointment letter

10-25-11:Biometrics Appointment

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Your answer doesn't show appreciation. You asked a question and it was answered. Why ask on a public forum if all you want are only the feel good answers?

No one is looking for feel good answers. I am looking for humanity, kindnesss. Is Thanksgiving not tomorrow? Do not presume what I appreciate and what I do not.

And I ask on a public forum because I am still naive enough to believe that every single person in the world is good hearted.


12-27-2010: I-129F arrived at USCIS sent packet on 12/23

12-29-2010: Notice date on NOA1

12-31-2010: Check cleared

01-02-2011: NOA1 received via SMS & E-Mail

01-06-2011: NOA1 hardcopy received via USPS[/color]

2-17-2011:Touched

04/12/2011:NOA2!!!!!

4-18-11: Received by NVC

4-20-11: Left NVC

4-24-11: Received by the consulate in Abu Dhabi

4-27-11:Received both packet 3 & 4 via e-mail from Abu Dhabi

7-25-11:Interview date-Administrative Processing

8-3-11:Administrative Processing ended - APPROVED!!!!!! :D

8-25-11:POE-SFO

9-10-11:Married!!!

9-26-11:Sent AOS Packet

10-6-11:Received NOA1s via text and E-mail

10-9-11:NOA1 hardcopies received, along with biometrics appointment letter

10-25-11:Biometrics Appointment

event.png

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They could get married now, but it would probably be for the best for him to return to the UK while she files the petition for the CR-1 spousal. If they go through the AOS process now, there's the risk of being seen as getting pregnant on purpose. Also, if it's an extreme hardship, then financially, she would likely be better off going the spousal route (spouse would enter the country with the ability to work) if the costs associated with the K-1 process would be too much for her.

I appreciate your response. Can you tell me what the risks are of getting married now and adjusting staus without him going back?


12-27-2010: I-129F arrived at USCIS sent packet on 12/23

12-29-2010: Notice date on NOA1

12-31-2010: Check cleared

01-02-2011: NOA1 received via SMS & E-Mail

01-06-2011: NOA1 hardcopy received via USPS[/color]

2-17-2011:Touched

04/12/2011:NOA2!!!!!

4-18-11: Received by NVC

4-20-11: Left NVC

4-24-11: Received by the consulate in Abu Dhabi

4-27-11:Received both packet 3 & 4 via e-mail from Abu Dhabi

7-25-11:Interview date-Administrative Processing

8-3-11:Administrative Processing ended - APPROVED!!!!!! :D

8-25-11:POE-SFO

9-10-11:Married!!!

9-26-11:Sent AOS Packet

10-6-11:Received NOA1s via text and E-mail

10-9-11:NOA1 hardcopies received, along with biometrics appointment letter

10-25-11:Biometrics Appointment

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I appreciate your response. Can you tell me what the risks are of getting married now and adjusting staus without him going back?

Just what I mentioned...that there's the risk that when they go to adjust status, the officer reviewing the case may believe they intentionally got pregnant as a means of staying in the country. While they may get approved with no issues, it's better to know the possible risks involved.


Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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Just what I mentioned...that there's the risk that when they go to adjust status, the officer reviewing the case may believe they intentionally got pregnant as a means of staying in the country. While they may get approved with no issues, it's better to know the possible risks involved.

Plus if they entered on VWP there is no appeal, it is straight denial.

Edited by amykathleen2005

England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

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Also take into consideration that if he stays, they get married and file for the AOS he can not leave for at least 2-3 months. So unless he came to the US with that in mind does he not have affairs back in his country to get in order, that would require him to leave sooner than 2-3 months? If not, then doesn't hurt to try.


Our Journey
6/13/2012 Sent I-129F package
6/14/2012 NOA1 --> California Service Center
9/25/2012 NOA2
10/01/2012 NOA2 Hardcopy received
10/01/2012 NVC Received
10/19/2012 Left NVC
11/30/2012 Picked-up Packet from Local Post Office
01/16/2013 Medical
01/23/2013 Interview - In AP

09/24/2013 Visa picked-up from DOMEX
10/10/2013 POE Ft. Lauderdale

10/28/2013 Applied for Social Security Number

01/01/2014 WEDDING IN LAS VEGAS


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