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

[novedsac 355]

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

That was fully in control of the couple.

But you wrote that they 'intentionally got pregnant' while the OP has provided no information to that effect. Just a ridiculous statement, that's all it is.

The only 'action' we are aware of is that they had intercourse ... people do this all the time without the intention of becoming pregnant.

No other information on actions taken or not taken has been provided.

Hmmm ... let's say you're driving your car and have an accident which results in injuries. From your logic then, this must have been the intent as you knew of the potential consequences and took the risk.

Edited October 9, 2014 by novedsac

[GabsUSA 19]

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.

The key is the intent... I actually just read the OP's question on having his gf visit from Chile. This and the narrative of his questions here indicate that they are a valid candidate for AOS.

Had the intention been to come here and AOS all along, then I would agree, but that is up to the USCIS to identify.

[Pickle 65]

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.

There will always be people using the system. Of course they would not mention it at POE!

You are generalizing though by saying other visa types are using it as a way to cut in line. You think I came here on an F-1 visa almost three years ago with the intent to get married and adjust status? Stuff happens. Sorry if it makes everyone mad that did it the "right" way.

[GabsUSA 19]

Sorry if it makes everyone mad that did it the "right" way.

Agreed... If there was only a right or wrong way, then we wouldnt be having this discussion in the first place.

[Ontarkie 13,918]

~~Several post removed for judgmental and others for Personal attacks. Stop the back and forth about the legalities of AOS. If you want to discuss it start another thread in General Immigration, as at this time it is a legal route for this couple. Any further disruption will lead to thread bans~~

[Done--Really 331]

There is always a lot of emotion and misinformation swirling around this subject, but it is spelled out very clearly in the field manual...go to this link, and search for the 30/60 day rule and read every word of it, and your confusion about how it is implemented should evaporate. Actually, you should read this entire section of the manual, since it makes inadmissibility questions very clear, although it takes A LOT of words sometimes, and you have to plow through it.

Enjoy !!

http://www.state.gov...ation/87011.pdf

[jxn 86]

OP, your child can be born in Chile (where your money will go further for quality care, I would imagine) too. The big cities have good healthcare.

As the child of U.S. and Chilean citizens, your baby will be a Chilean-American dual citizen. Whatever country your baby is born in, you just register it at the consulate of the other country. For U.S. births abroad, you file a CRBA. Within a few months (I don't know the exact timeline) your child will have an American passport in hand.

Was that the main reason you want the baby born stateside?

[cdneh 3,112]

Another vote for stay and AOS. Why separate now, why spend months, possibly longer, apart and why should he not be present for the birth of their first child?

This comes up as a topic a great deal. It always annoys me no end when people assume intent, or claim people are jumping the queue, or cutting in ahead of them, when there is clearly none of that going on here. Sour grapes, on the whole, and petty jealousy.

So, stay, marry, and AOS. And congratulations

[Gosia & Tito 199]

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.

Well, Felicitaciones are in order!

To your questions:

1. There was no intent to marry; life happens. If you want to marry, do so and file for adjustment.

2, 3, 4 : From 1 above; you can drop these

5 If yo uwork and have insurance, you job will cover her. A marriage is an "event" that allows in most insurance plans to add a person. There might be a 30 day period though, but this time of the year most plans are in the 2015 enrollment anyway. However, with pregnancy care, you want to get on soonish

6. No, see 1 above

That said, I'd think there are a lot of things to close down in Chile. If you go the AOS route, and with the pregnancy, there would be several months, maybe up to a year before she can go to Chile to close the loose ends not to mention that everyday stuff like shoes, clothes, etc is there still.

You do need to move quick!

[Gosia & Tito 199]

There will always be people using the system. Of course they would not mention it at POE!

You are generalizing though by saying other visa types are using it as a way to cut in line. You think I came here on an F-1 visa almost three years ago with the intent to get married and adjust status? Stuff happens. Sorry if it makes everyone mad that did it the "right" way.

Life happens. Chill

[Gosia & Tito 199]

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?

Why should they not be allowed?. Does "Life, Liberty and the pursuit of Happiness" ring a bell?

There is no reason for them not to pursue their AOS given the situation.

With the argument above; a woman who is raped and got pregnant, intentionaly caused it by doing certain things such as being a woman?

[Rattled 8]

Hi Chris,

Take a deep breath and enjoy the good news of becoming a dad! Then, file a K1. Today. Lol. Prenatal care is no biggie unless it is an at-risk pregnancy. However, travel after the 6 month is typically not advised.

[Ontarkie 13,918]

~~Post removed for ignoring warning, plus one quoting,~~

[brownbella 13]

OP- its perfectly legal to get married and adjust status. She didn't arrive in the US to get married. She didn't bring a wedding dress, no one booked a caterer, no wedding invites were sent. As for the ridiculous suggestion that having sex is intent to have a child, which then translates into immigrant intent- seriously? That's so preposterous that I'm not even going to bother debunking it. Life happens. She visited, she got pregnant, you decide to get married now and be a family, that's awesome. I wish more guys would marry their pregnant girlfriends and support them instead of abandoning them!

Just get married and have her stay here. Enjoy being married, support your wife during the pregnancy, and have a child together here in the US. Once you're married, you can add her to your insurance. As a new LPR, she can also take advantage of enrollment in Obamacare, but she can't get free care. HOWEVER, it may be different because she's pregnant. I think pregnant women are eligible for emergency Medicare, but you can check at your local hospital financial assistance office.

[cdneh 3,112]

Hi Chris,

Take a deep breath and enjoy the good news of becoming a dad! Then, file a K1. Today. Lol. Prenatal care is no biggie unless it is an at-risk pregnancy. However, travel after the 6 month is typically not advised.

So why risk traveling at all? She is here, they can marry and adjust. No need for a K1 at all.