Does pregnancy justify an expedite at the NVC

[Athea 12]

6 minutes ago, aaron2020 said:

Here's the wee problem with that idea.  Immigrant intent is not considered when adjusting status based on marriage to a USC citizen since that is an Immediate Relative case.  Immigrant intent is considered when a person adjust status based on an F1 family based petition since the single adult child is not considered an Immediate Relative.

 

If she wants to adjust and stay, it's better to marry the USC and adjust status based on that marriage.  Personally, I would go this route and deal with ROC if staying in the US is important.  

What is a ROC? If I marry my USC boyfriend do you think I could get my GC faster than in the Philippines?

[aaron2020 11,651]

3 minutes ago, Athea said:

What is a ROC? If I marry my USC boyfriend do you think I could get my GC faster than in the Philippines?

ROC is Removal of Condition which is a process that you would have to pay for and go through if you adjust status based on marriage to a US citizen.

 

No one can tell you whether it would be faster for you to get a GC by adjusting or whether you would get an interview for the FB1 category.  COVID has slowed things down so much at US embassies/consulates worldwide.  

How important is it for you to stay in the US?  How important is it for you to be with the father of your baby?  Are you both willing to get marry?

[SusieQQQ 11,584]

10 minutes ago, Athea said:

What is a ROC? If I marry my USC boyfriend do you think I could get my GC faster than in the Philippines?

No. It’s not going to be faster, the length of process if you adjust is at least the same (marriage based adjustment might be slower depending on the i130 processing time for that, the i485 adjustment processing time is the same) . If you do it via marriage you have to have a huge amount of proof to show the relationship is genuine (no, a baby isn’t enough) and then you only get a conditional green card if you have been married less than two years, and then you have to go through all the bona fide proof again after two years to show the relationship is still bona fide. With your F1, you already have an approved petition (vs a petition based on a marriage that hasn’t even happened yet), the basis for the green card is parent-child relationship so simple to prove, and you get an unconditional green card from day 1.

 

If you don’t want to adjust and have to go back to the Philippines, then you would first have to wait for the petition based on marriage to be approved, and then go through documentary qualification all over again based on that new petition, and only then do you go in line for that interview! So that will be much slower seeing as you are already in line for interview for F1.

 

 

Edited October 20, 2021 by SusieQQQ

[aaron2020 11,651]

9 minutes ago, SusieQQQ said:

I am going to disagree here, quite strongly in fact. As is always said here, intent is determined at entry, not retroactively. That holds regardless type of petition. Second, it is very clear from the discussion here that that was not the intent, as OP does not even seem to have realized it’s an option. Why should she go rush a marriage then a million hoops to jump through, from proof of bona fide marriage and then for RoC, vs a straightforward F1?  Not a contest at all in my opinion.  Especially as I am aware of a number of F2A spouses who have entered on tourist visas and adjusted with zero problem and zero questions about immigrant intent. In all my time on VJ I can recall seeing exactly one person denied for immigrant intent on entry, and that was actually a spouse of a USC, and the issue seemed to have been misrepresentation rather than immigration intent itself in fact if I recall correctly.

We're just going to have to disagree.

1.  Immigrant intent CAN BE REVIEWED WHEN ADJUSTING STATUS when the beneficiary is not an Immediate Relative.  Matter of Battista and Matter of Cavazos does not apply to someone who is not considered an Immediate Relative.  

 

2.  While it may be very clear to you that the OP didn't have immigrant intent; you're not the arbiter.  A USCIS officer may not have your sense of clarity.  

There is one guarantee way to avoid the immigrant intent problem - adjusting as an Immediate Relative.  

[Athea 12]

4 minutes ago, SusieQQQ said:

There is a forum here on adjustment which better deals with it. The main con is you cannot travel out the US without AP and you cannot work until you get a work permit, these could take 8 months or more to get, and possibly a year or more to get the actual green card.  
 

 

Wow if I go to this route does it mean I will be tag as overstaying my tourist visa? but is there a big chance of getting that green card? If it’s ok with you can you share the link to the form of adjustment and I will consult for an immigration attorney. Thanks susie

[SusieQQQ 11,584]

1 minute ago, aaron2020 said:

We're just going to have to disagree.

1.  Immigrant intent CAN BE REVIEWED WHEN ADJUSTING STATUS when the beneficiary is not an Immediate Relative.  Matter of Battista and Matter of Cavazos does not apply to someone who is not considered an Immediate Relative.  

 

2.  While it may be very clear to you that the OP didn't have immigrant intent; you're not the arbiter.  A USCIS officer may not have your sense of clarity.  

There is one guarantee way to avoid the immigrant intent problem - adjusting as an Immediate Relative.  

Definitely disagree considering the total lack of problems about actual immigrant intent we see reported here. Lots of warnings about it, and lots of family based adjustments happening with zero problem. So many other potential problems the way you propose, including being accused of marriage just for a green card - which let’s face it, IS what you are suggesting. And what if the boyfriend (or OP) actually don’t want to get married yet?

[SusieQQQ 11,584]

3 minutes ago, Athea said:

Wow if I go to this route does it mean I will be tag as overstaying my tourist visa? but is there a big chance of getting that green card? If it’s ok with you can you share the link to the form of adjustment and I will consult for an immigration attorney. Thanks susie

Once you have filed an adjustment application you roll into what is called adjustment pending, so that gives you authorized stay after your tourist visa has expired. I think consulting an attorney is a good idea, as you can see some disagreement on the best basis for you to adjust here, and having an attorney clarify the issues for you would help you. (Choose a reputable one, not one who tries to make the case complicated because they charge by the hour.) 

 

Adjustment forum is here https://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-amp-tourist-visas/ 

 

Do be aware if you adjust on the F1 basis, you cannot violate the terms of your stay - such as working without authorization - as that will he a bar to adjustment. 

[SalishSea 16,825]

6 minutes ago, Athea said:

Wow if I go to this route does it mean I will be tag as overstaying my tourist visa? but is there a big chance of getting that green card? If it’s ok with you can you share the link to the form of adjustment and I will consult for an immigration attorney. Thanks susie

It will be forgiven.  Read the guides here on VJ.

 

The major drawback is that you will not be able to travel or work for 8 months or longer, and that GC interviews in many field offices are taking up to two years.

[Athea 12]

4 minutes ago, Jorgedig said:

It will be forgiven.  Read the guides here on VJ.

 

The major drawback is that you will not be able to travel or work for 8 months or longer, and that GC interviews in many field offices are taking up to two years.

two years?? Is it because of the backlog / covid situation? so the count of years for the AP processing and actual interview are different or 2 years is the total waiting time? 

[Athea 12]

14 minutes ago, SusieQQQ said:

Once you have filed an adjustment application you roll into what is called adjustment pending, so that gives you authorized stay after your tourist visa has expired. I think consulting an attorney is a good idea, as you can see some disagreement on the best basis for you to adjust here, and having an attorney clarify the issues for you would help you. (Choose a reputable one, not one who tries to make the case complicated because they charge by the hour.) 

 

Adjustment forum is here https://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-amp-tourist-visas/ 

 

Do be aware if you adjust on the F1 basis, you cannot violate the terms of your stay - such as working without authorization - as that will he a bar to adjustment. 

Thank you so much for this advice. but does it really true the waiting time for GC interview would take up to two years? 😔

[SalishSea 16,825]

32 minutes ago, Athea said:

Thank you so much for this advice. but does it really true the waiting time for GC interview would take up to two years? 😔

Depends on your location.  Here in Seattle, we waited 14 months for my husband's interview, which took place in January of 2020, which was just before Covid.  

 

If you file for AP/EAD along with the GC, you will likely get those first, before the GC.  Seems like it is taking around 8 months currently.

[Cathi 5,616]

If that were the case A LOT of people would get pregnant on purpose.

[nastra30 2,003]

10 hours ago, Athea said:

Thank you so much for this advice. but does it really true the waiting time for GC interview would take up to two years? 😔

As already been mentioned, it will depends on how backlogged the local USCIS office is. But you can also get an EAD which will allow you to work while you wait for that interview. And you also get Advanced Parole (travel) document that will allow you to travel whiles you wait for that interview. EAD and Advance parole can take up to 8 months to receive. I'm on the camp of adjusting through your F1 status which is current. Good luck with your baby and your immigration journey.

[Athea 12]

12 hours ago, aaron2020 said:

ROC is Removal of Condition which is a process that you would have to pay for and go through if you adjust status based on marriage to a US citizen.

 

No one can tell you whether it would be faster for you to get a GC by adjusting or whether you would get an interview for the FB1 category.  COVID has slowed things down so much at US embassies/consulates worldwide.  

How important is it for you to stay in the US?  How important is it for you to be with the father of your baby?  Are you both willing to get marry?

Getting married is not an option because I have to go from the beginning versus i am already in line for the interview in my country US consulate. Even the adjustment of status my mother would gonna go file again and the filing fee is not cheap. I am also ok if I can go back to the Philippines and give birth there and just wait for the interview letter. What I am worried about is the baby. If I could get the CRBA it would be so much better. 

[SusieQQQ 11,584]

1 hour ago, Athea said:

Getting married is not an option because I have to go from the beginning versus i am already in line for the interview in my country US consulate. Even the adjustment of status my mother would gonna go file again and the filing fee is not cheap. I am also ok if I can go back to the Philippines and give birth there and just wait for the interview letter. What I am worried about is the baby. If I could get the CRBA it would be so much better. 

If you are going back to the Philippines to give birth and wait for a visa, make sure you take back all the stuff you need from the dad for CRBA (I think you should be able to compile at least some of it ahead of the birth). Carefully read this page and the following pages including the links in them to ensure you habe what you need for the embassy. https://ph.usembassy.gov/u-s-citizen-services/child-family-matters/birth/ If the father can meet the requirements then you will apply CRBA and a US passport for the baby at the same time.  If the father is for some reason unable to transmit citizenship (if he does not meet the requirements) then you can add the baby to your case and the baby can get a green card with you. Either way it will not be a problem to bring the baby.