AOS from tourist visa after getting married

[DebWa 26]

I am asking for a friend...

 

My friend (USC) got married here in the states to her fiance who was currently on a visitor's visa. They then moved to the husband's country and lived there. My friend is now pregnant and was having problems with the pregnancy so they came back to the US almost 1 month ago since the healthcare in the country they were living in is not very good. The pregnancy is now more stable, but they would like to keep following the doctor here and deliver the baby here in the US instead of in the other country. Is there any chance that the non-USC could apply for AOS since they didn't have the intention of staying when they came to the US?

[NigeriaorBust 4,087]

  Who will be their sponsor ?

[Transborderwife 4,666]

Possible yes.  How are they paying for the maternity care?

[Penguin_ie 5,986]

***** Moving from AOS from Family Visa to AOS from Tourist Visa forum *****

[Ortolan 381]

I'm curious, like Transborder and NigeriaorBust: having a baby in the U.S. is pretty expensive; do they have savings to take care of the cost? Or does the wife have U.S. medical insurance?

 

As far as AOS goes, USCIS will not care that the wife wants to have the baby in the U.S. That's not a reason to bypass immigration normal procedures; it will seem like the wife is just looking for quick green-card status for her husband. Better to have the wife file CR-1 for her husband and get a co-sponsor, and go through the process legally and reasonably. The husband came into the U.S. on a visitor's visa. He will have to leave again and file for a CR-1 or IR-1, depending on how long they've been married.

Edited April 4, 2017 by Ortolan
restate

[DebWa 26]

25 minutes ago, Transborderwife said:

Possible yes.  How are they paying for the maternity care?

I'm not sure how they are paying for the cost. I do know that they have a large network of friends and family that will help them if they are not able to pay for it themselves.

[Transborderwife 4,666]

5 minutes ago, DebWa said:

I'm not sure how they are paying for the cost. I do know that they have a large network of friends and family that will help them if they are not able to pay for it themselves.

Then they likely cannot afford the fees and support associated with immigration 

[DebWa 26]

4 minutes ago, Transborderwife said:

Then they likely cannot afford the fees and support associated with immigration 

Honestly, I feel like that's something they need to figure out themselves whether than can afford the fees and everything or not. The point of my question was to find out about the feasibility of AOS, not to get financial advice.

[Transborderwife 4,666]

15 minutes ago, DebWa said:

Honestly, I feel like that's something they need to figure out themselves whether than can afford the fees and everything or not. The point of my question was to find out about the feasibility of AOS, not to get financial advice.

Yes, I understand that, but it does go with the territory.  If you're here asking for advice for them, it's best to get every angle and the facts as best possible 

[talile 6]

Are they planning on staying here after the baby is born and ok?

If not, than why file for AOS and not just ask for longer B visa to allow him to support his wife?

If yes, than the baby is only an excuse for faster immigration and he should go back and not get in trouble over this

 

Tali

[KierenHby 897]

On 4/4/2017 at 9:34 AM, DebWa said:

Honestly, I feel like that's something they need to figure out themselves whether than can afford the fees and everything or not. The point of my question was to find out about the feasibility of AOS, not to get financial advice.

You get the sweet and sour on this forum.

Yes, able to AOS provided they meet conditions that include affidavit of financial support. That's not just advice, it's the legal requirement.