Visited BF on Tourist Visa. Now Pregnant. Now What?

[SennaBrigante 92]

Hi everyone!

I got my visa last Feb. and I arrived in the US last mid-June to visit my BF. Just a few days ago I found out that I was pregnant. My decision was to cut my trip short and head home to the Phils end of September and give birth there. While I'm there, I told my BF to file for a K-1 visa so that by the time the baby is born on April, we'll be ready to go back here with the right visa.

My BF would rather not have me leave and stay in US throughout the pregnancy and give birth here. I can only legally stay in the US until December and from my understanding about K1 visas, I'll have to go back to the Phils for the interview.

What other visa options do I have?

My BF's parents who also went through this process like almost 30 years ago said that if the baby was conceived here with an USC then I can stay throughout the pregnancy period, give birth here and change statuses? I'm assuming we'll have to get married to do that..

I really don't know what to do at this point or what my options are and I know people in this forum are very knowledgeable about these things so... help?

Thanks!

[JohnR! 5,495]

If you stay on your tourist visa past the date on our I-94 you will be overstaying. Even if you have your baby in the US, your child will be a US citizen but you will not be able to stay in the country on that account. A child can only sponsor a parent after his/her 21st birthday.

If your boyfriend is serious about you the K-1 is the correct route indeed. Either that or get married already and adjust your status and do so before you have the baby. If your bf changes his mind (about marrying you) once your child is born and you are here out of status, you may be deported while your husband's family may sue for custody of the child, a US citizen.

In the end you should do what you are most comfortable with. If you want to have our baby at home there is no reason for you not to go home and return with a K-1. Either that or ask your BF to put a ring around your finger and get started with your AOS.

Congratulations and good luck!

Edited August 9, 2013 by Gegel

[Brandon Gillin 7]

K-1 is always an option, but it seems like it would be cumbersome for you and your boyfriend. You can get married in the U.S. and apply for AOS. Before doing that, however, get familiar with the risks involved and the 30/60 day rule.

Good luck!

Edited August 9, 2013 by Brandon Gillin

[SennaBrigante 92]

Thanks guys!

So if we get married, I just have to adjust my status?

[abdelnish83 6]

What their suggesting u do is illegal because u would be over staying on ur visa. Im guessing ur on a tourist visa. And what ppl were able to get away with in immigration 30 yrs ago may not be able to get away with now. I know of many ppl who have done this in the past and were never found out and it worked. They just over stay until they can change status but immigration nowadays are more strict about ppl overstayingon their visas and if u decide to go through the route ur bf and his family is suggesting and immigration figures it out it will be harder or impossible for u to have a chance to get a visa again tourist or other types. Its big risk to do this. And I don't think u can change status on a tourist visa. Im not sure.

[abdelnish83 6]

So just get married. And apply for aos but it already august and u have like three weeks left before u have to go back. So maybe there's not enough time to get approved for adjustment status. AND U CAN'T OVER STAY CUZ THEY WON'T APPROVE AOS FOR SOMEONE OVER STAYING.

[Brandon Gillin 7]

AND U CAN'T OVER STAY CUZ THEY WON'T APPROVE AOS FOR SOMEONE OVER STAYING.

This is false.

[SennaBrigante 92]

And if I gave birth back home how will we apply for our kid's US citizenship?

[Darnell 8,478]

So just get married. And apply for aos but it already august and u have like three weeks left before u have to go back. So maybe there's not enough time to get approved for adjustment status. AND U CAN'T OVER STAY CUZ THEY WON'T APPROVE AOS FOR SOMEONE OVER STAYING.

You might have heard this before, but

In this particular type of case,

the overstay is forgiven , quietly and seemingly-automatically,

when the green card is granted.

This time window you speak of is really a non-issue, if the couple :

1. gets married and

2. files the big AOS package.

[Darnell 8,478]

Thanks guys!

So if we get married, I just have to adjust my status?

Yup. Note we have a guide for that, in the GUIDES section here - you want to carefully and thoroughly review GUIDE2.

Once you receive the receipt notice, a new period of authorized stay starts, so you not need to worry about any overstay on the tourist visa and the I-94 governing it.

[Harpa Timsah 13,258]

If you want to stay here, then get married and do this right now: http://www.visajourney.com/content/i130guide2

Have your boyfriend make sure you will be covered on his insurance.

[SennaBrigante 92]

So I looked up the visa guide and right now I'm looking at overall practicality and cost. While it's cheaper to give birth in the Phils since I have an HMO there, the paperwork is endless. If we get married before I leave though, the application fee for an IR-1 is cheaper than a K1.

If I stay here and just file for AOS, it will be more convenient as less paperwork will be required for both me and the baby. But my BF's insurance from work will only kick in on the 1st and I'm not even sure if birth, labor and prenatal care will be covered for me as a beneficiary of his policy so without insurance, we're looking at over $10k in health costs. Since I'm not legally allowed to work and me being pregnant, I won't be able to work and help out financially.

I'm really confused between the options. I'm also very afraid of being told by USCIS that I committed visa fraud since I went into the country with the intention of visiting my BF for a couple of months and then heading back home and wait for his petition as fiance. To be completely honest, I didn't even mention him during my visa interview, I just said I was visiting family.

So at least you guys know why I'm so apprehensive about going for the AOS even if it seems like the most convenient thing to do. I just don't think that I'm willing to risk a 3 or 10 year ban just for convenience.

[Darnell 8,478]

re: insurance -

ALL policies have a 'life-changing event' clause in em, that allows a newlywed to be added.

Marriage is a life-changing event, and as such, can be added in at anytime, though most insurance carriers have a 60 day window for the signup, centered around the marriage date.

what may be troublesome is whether or not your pregnancy is considered an existing condition with that insurance carrier, or not. if not - super score ! if yes, dreck, must to rethink all.

re: working and contributing -

if you file the ENTIRE set of forms listed in GUIDE2 - then you'll note the EAD was included - and USUALLY you will get the EAD 90 to 100 days after applying for it. Bear that window in mind, when you are contemplating stuff about time-windows and whatnots.

re: K-1 - there's nothing stopping yer fella from filing on Monday and you going home - the two things aren't related. If it makes more sense to stay in the RoP until after the baby is born - this might be the better alternative for you, in terms of cost and medical care - IMO the timeline will miraculously 'sync up' around interview date, CRBA stuff, and your ability to travel after a pregnancy.

[SennaBrigante 92]

That's what I was thinking too!

The timeline in my head goes like this:

> I go home to the Phils end of Sept - I'll be around 8-9 weeks along in the pregnancy

> BF files for the I-129F around Oct or Nov whenever funds become immediately available or when he finishes making the packet

> I give birth April

> Go for the interview

> Apply for CRBA and passport for the baby

> Receive K1 visa around June-July, baby should get the clearance to fly by then

In my head it all works out. Cost for everything including the application fees, labor and delivery, plane tickets, CRBA and baby passport totals to about $7,500.

I computed the best I can the cost for staying here which includes the labor and delivery, prenatal, marriage license, I-130, I-495 and medical exam is almost $14,000.

I just checked my BF's policy and it said that pregnancy is considered the same as any other covered illness after the policy has been effect for 9 months... it goes on to say that if birth occurs within the 9 month elimination period, benefits will not be paid out. And that's for the coverage for the employees!

[SennaBrigante 92]

And I can't find GUIDE2. The one I'm looking at http://www.visajourney.com/content/compare#k1 is a bit outdated I think because there's no way a CR-1 is less than $1,000 including the permanent residence registration