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beekeepe

If I have a child while AoS is pending, what happens if I get rejected for some reason?

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If I file for AoS and have a child, what would happen if I got rejected for some reason? Would the infant have to stay here while I go away? Would it be smarter to leave and apply to come back or?

 

I have not filed for AoS yet, I'm considering leaving to have the child and apply from outside.. But I would really like to keep my family together (fiance, myself, baby). I'm fairly confident in the process of adjusting status.. except, fiance and I will be fresh out of college when we marry (December), so we will not have a lot of money or assets. Though, we do have a family member willing to co-sponsor. This is just causing me so much anxiety :wacko:

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~~Moved to AOS from Work, Student and Tourist Visas, from General Immigration Questions.~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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I wouldn't worry about being denied...just get your paperwork together, file, and make the best case you can for yourselves.

 

To answer the question, the child would be a USC by birth. You would need parental permission to take the child abroad. Without that permission or a court order, the child would remain in the US.


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

?/?/18: Approved (hopefully)

 

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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31 minutes ago, beekeepe said:

If I file for AoS and have a child, what would happen if I got rejected for some reason? Would the infant have to stay here while I go away? Would it be smarter to leave and apply to come back or?

 

I have not filed for AoS yet, I'm considering leaving to have the child and apply from outside.. But I would really like to keep my family together (fiance, myself, baby). I'm fairly confident in the process of adjusting status.. except, fiance and I will be fresh out of college when we marry (December), so we will not have a lot of money or assets. Though, we do have a family member willing to co-sponsor. This is just causing me so much anxiety :wacko:

AOS for spouses of U.S. citizens is hardly rejected unless there are issues such as marriage fraud, material misrepresentation, inadmissibilities such as criminal, drug or public charge issues. Anyways in case it’s rejected and you have a child who is a U.S. citizen, you will have the option to either leave your child in the U.S. or take your child with you. As as U.S. citizen your child is entitled to live in the U.S, but that doesn’t stop you as a parent who is not entitled not to take your child away with you provided your spouse also has given the consent as well.

Edited by Starkilla09

Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/8/2014: Went in for biometrics.

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

 

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

 

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

 

 

 

 

 

 

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