Concurrent Filing IR-1 and Adjustment of Status

[Nat&Amy 623]

Just for clarification. You arrived in the US five weeks ago and your wife is 32 weeks pregnant. What did you tell the officer at Immigration your intention was when you entered the country? 

[NikLR 13,220]

4 minutes ago, Nat&Amy said:

Just for clarification. You arrived in the US five weeks ago and your wife is 32 weeks pregnant. What did you tell the officer at Immigration your intention was when you entered the country? 

Doesn't matter at this point.  His wife is a USC and she can have her baby in the USA. His intent on entry may have been just to do that and go back to Oz.  

[Nat&Amy 623]

2 minutes ago, NikLR said:

Doesn't matter at this point.  His wife is a USC and she can have her baby in the USA. His intent on entry may have been just to do that and go back to Oz.  

You might be right, and in the end it might not matter. But we have seen intent be brought up to other applicants during their interview, so it doesn't hurt to ask. 

[geowrian 22,335]

Intent alone is not a reason for AOS to be denied. What was said at POE can be if it was a material misrepresentation. Although nothing noted ITT implies there was a material misrep.

[carmel34 3,529]

18 hours ago, TJF said:

  19 hours ago, TJF said:

Our evidence at the moment is a marriage certificate, the australian joint bank account, documents provided by a midwife in the UK showing that we are expecting a child together, a selection of about 20 photographs showing our relationship together for the last 19 months across 5 countries.

Passport stamps?  Boarding passes?  Hotel receipts?

[Nat&Amy 623]

2 hours ago, geowrian said:

Intent alone is not a reason for AOS to be denied. What was said at POE can be if it was a material misrepresentation. Although nothing noted ITT implies there was a material misrep.

OP came to the US on a temporary visa with plans to stay to be with wife and child - this was made clear in their first post. My original understanding was that the pregnancy had been found out while they were in the States but that's not the case. Could there be a material misrepresentation here? Maybe. That's why I asked what the OP said his intention was at POE.

[geowrian 22,335]

9 minutes ago, Nat&Amy said:

OP came to the US on a temporary visa with plans to stay to be with wife and child - this was made clear in their first post. My original understanding was that the pregnancy had been found out while they were in the States but that's not the case. Could there be a material misrepresentation here? Maybe. That's why I asked what the OP said his intention was at POE.

They came on the VWP, not a visa. This is both a distinction and possibly a difference when it comes to AOS.

 

I don’t see where they said came to the US with intent to stay. They said they decided to have the baby in the US. You’re reading a bit further into it than what was stated.

 

But yes, if they came to the US with intent to stay then it would have been done fraudulently. If misreps were made at POE then it could be an issue. But I stand by that no such implications were made ITT.

[Daphne . 1,670]

2 hours ago, geowrian said:

They came on the VWP, not a visa. This is both a distinction and possibly a difference when it comes to AOS.

 

I don’t see where they said came to the US with intent to stay. They said they decided to have the baby in the US. You’re reading a bit further into it than what was stated.

 

But yes, if they came to the US with intent to stay then it would have been done fraudulently. If misreps were made at POE then it could be an issue. But I stand by that no such implications were made ITT.

OP mentioned they recently found out that wife was pregnant and her due date is September 29th already so she is very far along and his Esta authorized stay ends beginning of October, so they either found out very late that she was pregnant or there was some coincidence in the timing of it all. I also wondered what was said at POE.. 

[Celie 793]

1 hour ago, Daphne K said:

OP mentioned they recently found out that wife was pregnant and her due date is September 29th already so she is very far along and his Esta authorized stay ends beginning of October, so they either found out very late that she was pregnant or there was some coincidence in the timing of it all. I also wondered what was said at POE.. 

I am curious, as well. Finding out at 8 months you're pregnant is not unheard of, but with the totality of the situation it sounds skeptical. Nonetheless, I wish OP the best on their journey.

[TJF 0]

On 8/7/2019 at 6:03 AM, Nat&Amy said:

Just for clarification. You arrived in the US five weeks ago and your wife is 32 weeks pregnant. What did you tell the officer at Immigration your intention was when you entered the country? 

POE was sticky, but at that stage we had only recently found out that we were expecting a baby (we found out on June 1st which was 22 weeks into the pregnancy), as we told the officer that I was planning on going back to Australia. The officer may have taken pity on us and our situation, my wife and I didn't really lie and told the officer that we had only just found out about our pregnancy, and the fact that we weren't well-versed in immigration law seemed to help us so the officer let me in.

 

I have been reading that misrep and the 90 day rule is more of an issue right now. Can the fact that plans change be used to get around this?

[Daphne . 1,670]

2 hours ago, TJF said:

POE was sticky, but at that stage we had only recently found out that we were expecting a baby (we found out on June 1st which was 22 weeks into the pregnancy), as we told the officer that I was planning on going back to Australia. The officer may have taken pity on us and our situation, my wife and I didn't really lie and told the officer that we had only just found out about our pregnancy, and the fact that we weren't well-versed in immigration law seemed to help us so the officer let me in.

 

I have been reading that misrep and the 90 day rule is more of an issue right now. Can the fact that plans change be used to get around this?

You were very lucky and he trusted you on your word! At POE, Immigration intent gets decided and he let you in so that is good,

 

So if the plans changed and you worry that this might become an issue later on in your process, I would keep evidence of how you had to take care of the things back home. 

- If you had a job, you must have informed your boss that you would not return to work (this would have been done in an e-mail I think?) 

- If you rented a house you would have informed your landlord that you would not return from your trip.

- Etc.

 

I am not saying that you will have an issue later on in the process but you could keep records of all your actions that were needed to wrap up things back home after you decided to stay in the US if that will help you feel a little bit more at ease. 

 

Hope all goes well!