Girlfriend visited on VWP and is now 6 weeks pregnant, please advice!!

[JohnR! 5,495]

Couldn't say. I can't speak for everyone. I am only speaking within the parameters of the OP's situation.

Then everybody should do the same?

[yuna628 9,527]

OP, consider some things for a moment.

By law all are required to have health insurance, either by signing onto an exchange, through their employer, or buying themselves.. or if not paying a penalty in taxes. If you are concerned about the cost of a baby, DO YOU not have health insurance, yourself?

A pregnancy with marriage is a qualifying life event even when it is not during the enrolment period as well as legally immigrating. As we approach November though, enrolment will be soon enough.

My suggestion is this, your lady goes home to her country. And if you two truly love each other, wish to have this baby you have created, and do indeed want to be married for the right reasons. Then you can either file for a K1, or wait until the baby is born and file for a K1 and go through the process of bringing mom and baby to the US legally. Sure, you might balk at the idea of not being there for your child's birth potentially, but is there no reason you cannot visit her leading up to the birth?

If the mother of the child were here and then married to you, this would qualify as a life event, and if you have health insurance she can be added, as per the regulations, at an additional cost of coverage of course. That is something you'd have to call the exchange or your insurance provider about.

To answer your question about can she visit, well of course anyone can visit the US. The issue is convincing the IO what their intent is upon arrival. Put yourself in an IO's shoes. A pregnant woman (let's not even mention that being heavily pregnant and flying might not be wise) stating she is to visit the father of the child could raise suspicions of intent... on the other hand it might not. You cannot entirely be the judge of an IO's thought process at the time. It's not their job to be compassionate to your circumstances. And if you both took action to circumnavigate the process, it does not work in your favour.

And yes, you'll see arguing here as above as to the legality of if you can marry even while visiting and adjust status, depending upon to the loose definition of ''intent''. I'm sure some have done it, but it is not without risk. Is such a risk worth it? If it were that easy, I'm fairly certainly everyone would do so.

My advice then is the same as AnnaMaria's. If you are both ready for marriage... let alone a baby.. do it the right way and file for a K1. Yes you will be apart, but at this point it cannot be helped.

[LORIEandPHIL 123]

Get married now, adjust status, and add her to your insurance. Do not be put off by those that say it is illegal, it is not. As long as you did not plan on her staying when she arrived, you will not be doing anything wrong.

[Boiler 43,385]

She might have commitments requiring her return, she has a return ticket.

Otherwise marry, file and adjust would seem the logical choice.

[baron555 934]

Get married now, adjust status, and add her to your insurance. Do not be put off by those that say it is illegal, it is not. As long as you did not plan on her staying when she arrived, you will not be doing anything wrong.

It's not illegal, it's just trying to circumvent the immigration laws and requirements.

Yes the visitor came here without intent to stay but they intentionally got pregnant (meaning the male and female both purposefully did certain things so that she became pregnant...or purposefully didn't do other things to prevent that from happening). To use that as basis of the argument to stay and AOS just doesn't hold water.....there is no reason the foreigner can not go back....wanting to have the baby born here in the US isn't an argument to circumvent the normal process.

IMO, since there is no compelling reason why they can not go through the normal process, why would they be allowed to AOS?

[Boiler 43,385]

It's not illegal, it's just trying to circumvent the immigration laws and requirements.

Yes the visitor came here without intent to stay but they intentionally got pregnant (meaning the male and female both purposefully did certain things so that she became pregnant...or purposefully didn't do other things to prevent that from happening). To use that as basis of the argument to stay and AOS just doesn't hold water.....there is no reason the foreigner can not go back....wanting to have the baby born here in the US isn't an argument to circumvent the normal process.

IMO, since there is no compelling reason why they can not go through the normal process, why would they be allowed to AOS?

The law allows them to adjust, so you are pontificating about a non issue.

[JohnR! 5,495]

Because the law allows for that, if that is the route they wished to follow.

Again, as I said, it may not sound fair for those who have to choose between the K or CR route, but it is perfectly legal to do so.

It's not illegal, it's just trying to circumvent the immigration laws and requirements.

Yes the visitor came here without intent to stay but they intentionally got pregnant (meaning the male and female both purposefully did certain things so that she became pregnant...or purposefully didn't do other things to prevent that from happening). To use that as basis of the argument to stay and AOS just doesn't hold water.....there is no reason the foreigner can not go back....wanting to have the baby born here in the US isn't an argument to circumvent the normal process.

IMO, since there is no compelling reason why they can not go through the normal process, why would they be allowed to AOS?

Edited October 9, 2014 by JohnR!

[baron555 934]

The law allows them to adjust, so you are pontificating about a non issue.

OK...Is there a possibility that the AOS petition could be denied?

If so, what could the couple do then?

[JohnR! 5,495]

The issue is not the possibility of denial - everything is possible - so much as the probability. If the relationship is real, there is nothing they should fear, nor should they anticipate any reason their petition should be denied. The probability of denial is extremely low.

OK...Is there a possibility that the AOS petition could be denied?

If so, what could the couple do then?

[kzielu 1,144]

OK...Is there a possibility that the AOS petition could be denied?

If so, what could the couple do then?

Yes, there is and adjusting from VWP they would not be able to do anything about it - however - there has to be a reason for that. In OPs case there is absolutely any reason to deny it - even if they had an intent, it would not be a reason for AOS denial.

I understand where you're coming from I don't like hundreds of people adjusting from tourist visas after they magically decided to get married either, but can't do much about it.

Only way to solve it would be to not allow AOS from VWP or B1/B2 (like it's not allowed from C/D for example).

[Boiler 43,385]

OK...Is there a possibility that the AOS petition could be denied?

If so, what could the couple do then?

There is no guarantee in Immigration. You mean it turns out she is a mass murderer on the run, or a major Drug dealer? Whatever.

They would have similar issues to having been refused a K, he moves, they both move or break up if it is insoluble.

[LORIEandPHIL 123]

It's not illegal, it's just trying to circumvent the immigration laws and requirements.

Yes the visitor came here without intent to stay but they intentionally got pregnant (meaning the male and female both purposefully did certain things so that she became pregnant...or purposefully didn't do other things to prevent that from happening). To use that as basis of the argument to stay and AOS just doesn't hold water.....there is no reason the foreigner can not go back....wanting to have the baby born here in the US isn't an argument to circumvent the normal process.

IMO, since there is no compelling reason why they can not go through the normal process, why would they be allowed to AOS?

You said it yourself, it is not illegal.

It is not trying to circumvent anything, it is allowed so it is ok to do. The fact she is pregant has nothing to do with it. If they get married they are legally allowed to apply for AOS. just because you and I followed the K1 route does not make it wrong that others don't.

[eastwoodclint 13]

Get married, adjust status, and add her to your insurance. Sh-- happens. I can't believe the negativity in some responses. People say it is illegal, but it is not as long as you and her did not plan on her staying when she arrived. Congratulations on the pregnancy. Good luck!!!

[Boiler 43,385]

She entered legally.

In a category that allows adjustment through marriage.

Everything else is pretty much irrelevant from USCIS point of view.

[icv21 110]

If marriage is what you two want get married file for AOS and she can stay without worries. She won't be illegal once her 90 days expire. I can't imagine being away of your pregnant girlfriend and future baby.

I came here with VWP, my stay was not planned at all ( we didn't even know it was possible with VWP ) I'm in AOS process now. you may have a deeper interview but I mean... If relationship is real, she is expecting a baby.... You two love each other I think there is nothing to worry about it totally makes sense.

Once she is your wife you can add her in your health insurance