Friend Pregnant

[belinda63 2,981]

Several issues which have been mentioned. Can he actually remain inside the US for several months while he waits for his AOS to be approved? Can she afford to support him and her three children while he waits for approval as he cannot legally work until he has his EAD or green card? Does she meet the qualifications of the affidavit of support or does she have a co-sponsor who does. For her it would be a family of five, that would be an income of $33,763 per year. Do they have the money to pay for AOS, about $1800 for the filing and medical?

[QueenE 173]

She can try to apply for the expediate but they will deny it. The same thing happened to me. Looking at it now, extreme hardship would be matters that are life threatening. Being pregnant can be a hardship but its not an extreme situation. Again it wont hurt to try but just tell her not to get her hopes up

[I+H 11]

This is not true - no accusation of this type exists.

The person entered the country for a visit and now the circumstances changed. He is free to avail himself of AOS.

OP - there is probably little to no risk of applying for adjustment of status now, but you haven't given all the facts of the case. We don't know if the beneficiary has a criminal history or was not actually eligible to use the VWP or anything like that. One risk no matter what is that if they are denied, there is no appeal.

The USC needs to be eligible for the Affidavit of Support, or have a co-sponsor that makes enough.

Her fiance is her on the visa waiver program. Does that make a difference. And if they went through with marriage and AOS and were denied, does that mean he could never come back? They could never apply for any other visa ever?

[LeftCoastLady 441]

I'm not and didn't say the OP's friend couldn't try the AOS, however, the risk is related to the intent since the OP's partner is in the country via VWP. Whether that's related to the pregnancy specifically or something else, it's worth noting that they could potentially come under scrutiny and that would be on top of any issues related to the "extreme hardship" claim.

This is not true - no accusation of this type exists.

The person entered the country for a visit and now the circumstances changed. He is free to avail himself of AOS.

OP - there is probably little to no risk of applying for adjustment of status now, but you haven't given all the facts of the case. We don't know if the beneficiary has a criminal history or was not actually eligible to use the VWP or anything like that. One risk no matter what is that if they are denied, there is no appeal.

The USC needs to be eligible for the Affidavit of Support, or have a co-sponsor that makes enough.

[I+H 11]

I'm not and didn't say the OP's friend couldn't try the AOS, however, the risk is related to the intent since the OP's partner is in the country via VWP. Whether that's related to the pregnancy specifically or something else, it's worth noting that they could potentially come under scrutiny and that would be on top of any issues related to the "extreme hardship" claim.

I personally think that the pregnancy wouldn't be looked at as something that they intended to happen. She has gone to the UK to visit him 3 times in the last year. They have had plenty of time to get pregnant.

My definition of extreme hardship doesn't seem to fit this situation upon further investigation. But it sure is going to be terribly hard for her.

[ValerieA 350]

Her fiance is her on the visa waiver program. Does that make a difference. And if they went through with marriage and AOS and were denied, does that mean he could never come back? They could never apply for any other visa ever?

The difference is that there is no appeal, if denied. If denied, they could go the CR-1 route. AOS seems like the way to go here, with the information given. Intent, by the way, is not an issue, for whoever brought that up.

[Nancan 10]

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?

Gowon, I'll have to agree with you. Be thankful no one only said things that would make them feel better, even though that same feel good advice could lead them to a denial. Which one is worse, not hearing what you want to here or a gentle reality check, to help ensure your friend reunites with her love. It pays to be prudent when dealing with immigration, It is difficult to prove extreme hardship. I would definitely consult with an attorney who specializes in immigration the fees are minimal. If you file a K-1 now, their visa could be approved in 6 months, leaving them more than enough time to prepare for the baby. BTW, congratulations to your friend on her conception. Wishing her the best.

[FB14 14]

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

LOL.. This lady is too funny, she's God and now an immigration attorney.

[FB14 14]

She can try to apply for the expediate but they will deny it. The same thing happened to me. Looking at it now, extreme hardship would be matters that are life threatening. Being pregnant can be a hardship but its not an extreme situation. Again it wont hurt to try but just tell her not to get her hopes up

I applied for extreme hardship and got approved for an expedite recently in October. And I'm pregnant. All you need is a valid argument and evidence.

[QueenE 173]

What was your hardship?

[aaron2020 11,651]

LOL.. This lady is too funny, she's God and now an immigration attorney.

LOL.. You are too funny because you are wrong.

She is correct. When a person uses the VWP, then the person cannot appeal a denial of the adjustment of status. It's a straight denial.

[VanessaTony 3,567]

Unless it is a high risk pregnancy it wouldn't count as "extreme hardship" but that's not really relevant for applying for AOS in the US anyway, that would only apply if they went the K1 route but a regular pregnancy isn't usually grounds.

He is here in the US, if they got married they could file for his AOS. The negatives are this:

1. AOS costs $1070 for the I-485, and $420 for the I-130 (total of $1490), plus the costs of medical (a friend had to pay $1500 for the medical and shots, it was the only doctor near us). They will also need to organise getting the required documents from his home country

2. If denied (intent isn't grounds for denial unless they have evidence of intent - e.g. his statement) there is NO appeal. He will need to leave. This will not prevent them from filing the Cr-1, but they'd need to come up with the money for it after spending all the money on AOS, and his return flight

3. He will be unable to work for at least 2-3 months (waiting for the EAD). If they have enough savings to live on in the meantime that's not a problem

4. Their household size is her, plus 3 kids plus him (so 5). if she doesn't earn over the poverty line for her household size they will need a co-sponsor who earns enough for their household size plus him.

5. If they don't have the money (or the documents, or the co-sponsor) now to file and he goes out of status, and later his AOS is denied, he cannot visit on the VWP program as overstay makes him ineligible (usually)

He IS able to stay and adjust but whether he will be approved or not we can't say. We don't know for sure. But if they have the means, and ability to file now it will most likely go fine (barring any red flags)... but if they don't have the means right now it might be best he returns to his home country to work and earn money to send back, and then he can still visit on the VWP if necessary (and if they let him in).

I applied for extreme hardship and got approved for an expedite recently in October. And I'm pregnant. All you need is a valid argument and evidence.

and what was your valid argument? Simply being pregnant is not enough.

LOL.. This lady is too funny, she's God and now an immigration attorney.

You misunderstood her statement. She was saying that people who enter on the VWP, apply for AOS and are denied, are NOT eligible for appeal. This is well known.

Edited November 22, 2012 by Vanessa&Tony

[aaron2020 11,651]

I applied for extreme hardship and got approved for an expedite recently in October. And I'm pregnant. All you need is a valid argument and evidence.

Read her profile. She applied back in April for her Jamaican fiance and it got denied. She filed again in October. Her "expedite" is for the second petition.

Edited November 22, 2012 by aaron2020

[FB14 14]

What was your hardship?

Financial hardship. I basically showed how waiting months for a petition to be approved would effect me financially. And that I was expecting a child and needed my fiance to be here so I can adjust his status allowing him to work immediately. Check out my timeline. I think people should take the advice of others with a grain of salt because cause someone doesn't get approved for one thing doesn't mean someone else won't. It's all about having a valid argument and more than enough proof to prove it.

[FB14 14]

Read her profile. She applied back in April for her Jamaican fiance and it got denied. She filed again in October. Her "expedite" is for the second petition.

Well actually, the K1 petition was approved by the USCIS in August 2011. However, the K1 visa was denied in December by the Kingston Embassy.

LOL.. You are too funny because you are wrong.

She is correct. When a person uses the VWP, then the person cannot appeal a denial of the adjustment of status. It's a straight denial.

I didn't say she was wrong. re-read the comment. She said the person shouldn't have gotten pregnant. Who is she to make that decision for anyone? Hold your horses. Like she's entitled to her ridiculous opinion I am too. As far as the VWP, I have no comment on that because I didn't have that experience. But, as far as extreme financial hardship, I do have experience on that.

Edited November 22, 2012 by FB14