Adjustment of Status after started CR1

[GenaHara 0]

Before I get into why I am writing this at 4 in the morning instead of sleeping, allow me to give a little background information. I met my husband online while I was still in high school. He visited me during my senior year for a month on the VWP( is that how y'all abbreviate it?) and visited over a year later for 13 days, again on VWP. On this second trip we got married. The reason we had not adjusted his status then is because we wanted to save up some first and because we had planned before he came over to get married and didn't want to break any laws, so he wemt home. Two months after getting married I visited him in the UK for a month. When I came back I started the paperwork for CR1 and recieved NOA1(I really hope I have shortening these correctly). Shortly after recieving NOA1 my husband flew over to visit for three months. He has quit his job for personal reasons before leaving but also because we wanted him to have the flexibility of visiting here on and off 'til the process was over. However, I just found out that I am pregnant and am seriously freaking out. I had started the paperwork because I wanted to do things the fair and honest way, but life has a way of complicating things for us. My husband is here right now and I was wondering if me having started paperwork has ruined our ability to adjust his status. I'm scared to go through a pregnancy alone, but I don't want to do anything wrong and risk him not seeing our baby for years.

Any advice is so appreciated. Thank you

[Transborderwife 4,666]

I don't believe that he can AOS here I'm sorry that may be perceived as immigration fraud.

[GenaHara 0]

I don't believe that he can AOS here I'm sorry that may be perceived as immigration fraud.

I think I knew that it would be impossible, just hoped someone would tell me I was wrong. Thank you for your honesty.

[NancyNguyen 1,657]

I think I knew that it would be impossible, just hoped someone would tell me I was wrong. Thank you for your honesty.

Intention alone doesn't constitute fraud, things change you will have chance to prove at interview. Call NVC to let them know your husband is here so they can transfer your file back to USCIS then he can adjust status with I-485. Good luck.

[ValerieA 350]

You're fine. I also had a CR-1 in process, and on a lengthy visit to my husband, circumstances changed and I filed the I-485 (along with a photocopy of my NOA1 from the I-130). Don't worry about it looking like he had intent - they let him in, which means the border officer was satisfied that he had no immigrant intent. It is always up to them to prove intent, and it can not be used to deny an AOS anyway.

ETA: proper usage of pronouns.

Edited December 1, 2014 by ValerieA