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kevlar

Wife here on tourist visa, we decided to marry earlier due to surprise pregnancy

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Hello Everyone and thanks in advance for the help and apologies if Im not providing enough information, presenting the question improperly or in the wrong forum. I am an American citizen by birth and my wife is Canadian.

 

You can see my original post here : K1 VISA, now Pregnant can we get Married Prior to Approval

 

My now Wife and I were going to file for a K1 Visa when she arrived here, shortly after we arrived here we had a happy surprise and found out she was pregnant and decided to marry earlier then originally intended.  Now she is currently in the country legally however her tourist visa will expire in a few days.  Im assuming we need to file for adjustment of status and the steps for a K3?  She is due in October so traveling is a no go at this time!  Sorry between the wedding, a death in family, and baby preparations its all been a whirlwind and trying to get everything sorted.

 

Please and thank you for the help!

 

K

 

 

Edited by kevlar
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She can stay and file for AOS: I-485 + I-131 (AP to travel abroad) + I-765 (EAD to work). While her AOS is pending,she is granted authorized stay in the US. She cannot leave the US without abandoning her AOS application until AP is approved or the green card is granted. She cannot work until the EAD is approved.

 

ETAs:

AOS: ~4-12 months (varies by office)

EAD: ~4 months

AP: ~4 months

 

K-3 is obsolete and almost never granted nowadays.

 

Congrats!

 

Edit: The alternative is to file for a CR-1 visa (ETA: ~12-14 months). She can continue to visit during this period.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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@geowrian is absolutely correct.  Since she did not enter with the intent to stay and adjust, and life events changed your path, you can file for the adjustment and she can stay here during that process legally.  If for some reason she is not ready to stay at this point for whatever reason, then if she leaves you have to apply for the CR1.

 

The big hurdle is getting the AOS files ASAP if that is the path you choose so she does not incur too much overstay from her tourist visa.  Most people can do this in a week or so,but she may need to do a medical exam (I693).

 

Congrats on the marriage and baby and Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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I agree with above, she can 'just' adjust status. Make sure she is able to get a good health insurance though until she can get one on her own once she has a 'real' immigration status

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