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

[yuna628 9,528]

It may not be illegal in the sense it exists in a grey area of technicality. But let us say a scenario can arise where the VWP/Spouse/adjusted goes for the adjustment interview and is questioned regarding the process used to get married. The couple can certainly be honest and state that they did not intend to get married when she arrived, but that circumstances caused them to. Okay, fair point. The officer could and maybe in some cases would be sympathetic. But the officer in reviewing this might be compassionate, but there may also be a risk that they will not be compassionate and remove her because of the mere suspicion that the couple misrepresented upon entry. This would further complicate further courses of actions the couple would have to take.

Even then, just because she might marry him, she will still exist in a state of overstay will she not, while waiting for the adjustment process? It will not afford her access to healthcare legally either until she would be granted legality in staying -- so that will not assist in pre-natal care.

I think it's noble to consider and advise all workable options yes, but there are risks to this particular one that the OP should consider. It might work out fine. It may also work out badly.

I can count the numerous times I have been warned, and my fiancé has been warned by an IO at a POE regarding their particular interpretation of what the VWP can and cannot be used for. The IO's typical definition is that it cannot be used to marry and adjust status. Scare tactics, sure. But I'd insist the point that if it were that simple, that everyone would be doing it and we'd have no bloody need for a K1.

Edited October 9, 2014 by yuna628

[msbau764 245]

Hi my name is Chris,

My girlfriend of 2 years visited me from Chile on VWP on August 6, 2014 and her returned flight is October 30, 2014. This was her first time visiting me (I visited her in Chile about a year ago) her arrival went really smooth at POE. She was asked why staying almost 90 days she respond visiting boyfriend and taking advantage of trip since is not cheap and very long flight. She had proof of ties to country but none were needed, they quickly let her in after telling them she was here to visit boyfriend.

Fast-forward: October 8, 2014. We found out at a clinic she's 6 weeks pregnant! They gave us some paperwork which states she's pregnant and her expecting date is on June 3, 2015. Now i've read online and from what I have found out I have different options (Fiancee Visa, Spouse Visa, Adjustment of Status) I want to do things right and would appreciate any advice, opinion or just simply share your similar experience! Her return flight is in less then 3 weeks so I need to act quickly! I wish my baby to be born here in USA i'm a US Citizen born in Los Angeles, CA. Would also love to be next to her during this process and do prenatal care here in USA. Please any advice or opinion is deeply appreciated, as you can imagine im nervous this will be my first time becoming a dad!

Questions:

1: I'm aware as a VWP you can't overstay your visit or AOS. But does this situation changes anything?

2: If I file K-1 (Fiancee Visa) and she returns home would they allow her back in as VWP for Prenatal Care or to have baby while we wait on K-1?

3: What would you advice (Fiancee Visa or Spouse Visa)?

4: What are her chances of entering USA as a pregnant woman under VWP?

5: I'm aware on K-1 Visa she can't get Government help (Medicaid ect) does this mean if our baby is born in USA I will have to cover everything? I want to cover as much as I can but I read online average delivery is $30,000 which is out of my reach.

6: If we get married and I file for her AOS will this be consider a fraud because of entering as VWP? We had no intention to married but as you can imagine I want our baby to be born and have both parents living together.

PS: Thank You everyone for your time and help! From the bottom of my heart im deeply grateful. I apologize for so many questions, I'm just so nervous with this situation and want to do things right and I have less then 3 weeks before her returned flight.

I am in the same situation. I filed my K1 visa on Sept 6 and found out she was 3 weeks pregant a week after. My gf does not have a tourist visa, so the "options" you have are not on the table. To be honest with you, I think your case is simpler than you are making it out to be. You should file for the K1 visa while she is in the States. If you can't afford to pay for her out-of-pocket costs (which, unless you make more than $60,000+ a year is doubtful), she is best going back to her home country as soon as possible to receive prenatal treatment. It would be best for the baby and her ultimately. If you can manage to afford some of the initial costs, you are better off having her change her flight to December while the K1 visa is in process. Someone can correct me if I am wrong, but it is okay to be in the US while the NO1 is processing. She can spend the majority of the pregnancy with you and maybe wait the remaining two months in her home country. It is possible she could receive the visa before May, so don't give up all hope. The other situations people are giving you are possible, but are risky in a sense. An AOS interview would be full of scrutiny due to your situation compared to a K1 visa. There are no guarantees that they will approve in her favor.

[Boiler 43,433]

It may not be illegal in the sense it exists in a grey area of technicality. But let us say a scenario can arise where the VWP/Spouse/adjusted goes for the adjustment interview and is questioned regarding the process used to get married. The couple can certainly be honest and state that they did not intend to get married when she arrived, but that circumstances caused them to. Okay, fair point. The officer could and maybe in some cases would be sympathetic. But the officer in reviewing this might be compassionate, but there may also be a risk that they will not be compassionate and remove her because of the mere suspicion that the couple misrepresented upon entry. This would further complicate further courses of actions the couple would have to take.

Even then, just because she might marry him, she will still exist in a state of overstay will she not, while waiting for the adjustment process? It will not afford her access to healthcare legally either until she would be granted legality in staying -- so that will not assist in pre-natal care.

I think it's noble to consider and advise all workable options yes, but there are risks to this particular one that the OP should consider. It might work out fine. It may also work out badly.

I can count the numerous times I have been warned, and my fiancé has been warned by an IO at a POE regarding their particular interpretation of what the VWP can and cannot be used for. The IO's typical definition is that it cannot be used to marry and adjust status. Scare tactics, sure. But I'd insist the point that if it were that simple, that everyone would be doing it and we'd have no bloody need for a K1.

You are wrong, plenty of information about this and I see you are new but I have no interest in covering something again that has been discussed time and time again..

Once they have filed she can at the very least sign up for Obamacare.

[Boiler 43,433]

I am in the same situation. I filed my K1 visa on Sept 6 and found out she was 3 weeks pregant a week after. My gf does not have a tourist visa, so the "options" you have are not on the table. To be honest with you, I think your case is simpler than you are making it out to be. You should file for the K1 visa while she is in the States. If you can't afford to pay for her out-of-pocket costs (which, unless you make more than $60,000+ a year is doubtful), she is best going back to her home country as soon as possible to receive prenatal treatment. It would be best for the baby and her ultimately. If you can manage to afford some of the initial costs, you are better off having her change her flight to December while the K1 visa is in process. Someone can correct me if I am wrong, but it is okay to be in the US while the NO1 is processing. She can spend the majority of the pregnancy with you and maybe wait the remaining two months in her home country. It is possible she could receive the visa before May, so don't give up all hope. The other situations people are giving you are possible, but are risky in a sense. An AOS interview would be full of scrutiny due to your situation compared to a K1 visa. There are no guarantees that they will approve in her favor.

If there is anything that would complicate an adjustment it has not been mentioned and would also complicate a K1.

[Boiler 43,433]

I am sure many people in non VWP do the same. regardless, if the CO had an inkling that would be the intention of the person entering the country they would be denied. Not seeing how you justify this.

True

I do not justify it, or anything else. It is a legal option.

[GabsUSA 19]

It's simple... The way it is justified is that as an American Citizen, if you are in the situation the OP is in, and want to start your own family, the US government grants you the right to do so.

Life changes fast, and 3 months is more than enough time to change your goals. Some may be bitter, some may abuse it, but in the end, the reason we are allowed these options is because in the US it is every American's right to bring their loved ones to live with them. This is why the process starts as a petition from a US Citizen.

To the OP:

Good luck with your Visa Journey, whichever path you take.

[novedsac 355]

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?

Based on what the OP has written thus far, that's a very wild stretch.

No mention at all of intention to become pregnant.

[baron555 934]

I because in the US it is every American's right to bring their loved ones to live with them.

Nope...immigration to the US is NOT a right....it's a priveledge.....big big difference.

And I would agree that once the VWP expiration is reached, the foreigner's presence in the US is illegal, regardless if you have filed for AOS....that only works for the K-1 situation.

No mention at all of intention to become pregnant.

Intention here is not at issue....actions consciously taken (or not taken) resulted in the pregnancy.

That was fully in control of the couple.

[GabsUSA 19]

Nope...immigration to the US is NOT a right....it's a priveledge.....big big difference.

We can argue semantics day and night, it's still not illegal to AOS in the OP's situation.

For reference, here is the official USCIS Policy Memorandum on the subject:

USCIS field offices shall adjudicate adjustment of status cases filed by immediate relatives of U.S. citizens who were last admitted to the United States under the VWP, in accordance with section 245 of the INA. This includes cases where Form I-485 was filed after the 90-day period of admission.

Edited October 9, 2014 by GabsUSA

[David & Diana R 1,005]

Hi my name is Chris,

My girlfriend of 2 years visited me from Chile on VWP on August 6, 2014 and her returned flight is October 30, 2014. This was her first time visiting me (I visited her in Chile about a year ago) her arrival went really smooth at POE. She was asked why staying almost 90 days she respond visiting boyfriend and taking advantage of trip since is not cheap and very long flight. She had proof of ties to country but none were needed, they quickly let her in after telling them she was here to visit boyfriend.

Fast-forward: October 8, 2014. We found out at a clinic she's 6 weeks pregnant! They gave us some paperwork which states she's pregnant and her expecting date is on June 3, 2015. Now i've read online and from what I have found out I have different options (Fiancee Visa, Spouse Visa, Adjustment of Status) I want to do things right and would appreciate any advice, opinion or just simply share your similar experience! Her return flight is in less then 3 weeks so I need to act quickly! I wish my baby to be born here in USA i'm a US Citizen born in Los Angeles, CA. Would also love to be next to her during this process and do prenatal care here in USA. Please any advice or opinion is deeply appreciated, as you can imagine im nervous this will be my first time becoming a dad!

Questions:

1: I'm aware as a VWP you can't overstay your visit or AOS. But does this situation changes anything?

2: If I file K-1 (Fiancee Visa) and she returns home would they allow her back in as VWP for Prenatal Care or to have baby while we wait on K-1?

3: What would you advice (Fiancee Visa or Spouse Visa)?

4: What are her chances of entering USA as a pregnant woman under VWP?

5: I'm aware on K-1 Visa she can't get Government help (Medicaid ect) does this mean if our baby is born in USA I will have to cover everything? I want to cover as much as I can but I read online average delivery is $30,000 which is out of my reach.

6: If we get married and I file for her AOS will this be consider a fraud because of entering as VWP? We had no intention to married but as you can imagine I want our baby to be born and have both parents living together.

PS: Thank You everyone for your time and help! From the bottom of my heart im deeply grateful. I apologize for so many questions, I'm just so nervous with this situation and want to do things right and I have less then 3 weeks before her returned flight.

Get married. File for AOS. She never has to leave the USA!

[Pickle 65]

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?

So much bitterness, not just towards this particular couple, but it seems to me also towards everyone else adjusting status from any other visa than a "family based" visa. I think they can be allowed AOS on the basis that everyone else whose circumstances changed can be allowed.

[usuk2015 16]

I started readin the comments and SERIOUSLY disagree with a LOT of them so I stopped.

I wish I had VJ BEFORE my fiance left the country.

We found out we were expecting just before he left and i thought Fiance Visa was our only option.

DON'T DO IT!!!

I have spent the last 4 months pregnan, alone and eagerly anticipating him to come home. (It's been rough, to say the least)

If I had know, we would have married and filed for AOS. Once you file for AOS overstaying is NOT an issue., unless your AOS is denied but that's a whole new ball game.

But seriously though... just get married.

Don't make the mistake we did.

Edited October 9, 2014 by Jameel and Kasey

[msbau764 245]

If there is anything that would complicate an adjustment it has not been mentioned and would also complicate a K1.

what do you mean complicate a K1?

[Ontarkie 13,915]

~~Moved to What Visa Do I Need - Family Based Immigration, from K-1 Fiance(e) Visa Process & Procedures - As no process has been started and the OP is trying to learn all of their options.~~

[msbau764 245]

So much bitterness, not just towards this particular couple, but it seems to me also towards everyone else adjusting status from any other visa than a "family based" visa. I think they can be allowed AOS on the basis that everyone else whose circumstances changed can be allowed.

because it is seen as a "backdoor" way to the US, and cutting in line. It also makes things harder for those that attempt to come here for other reasons. The US does not like nor does not want the world to think coming to the US and just adjusting status for life reasons is an acceptable way to come in. If you don't believe me, tell the OP to mention this to the POE officer and see what they would say.