icv21

Yikes! Good thing they didn't give you the name "XXX Legally Omitted", people would have thought you were some sort of porn star.

Thanks, for you words. Good luck in your case.

So why risk traveling at all? She is here, they can marry and adjust. No need for a K1 at all.

OP- its perfectly legal to get married and adjust status. She didn't arrive in the US to get married. She didn't bring a wedding dress, no one booked a caterer, no wedding invites were sent. As for the ridiculous suggestion that having sex is intent to have a child, which then translates into immigrant intent- seriously? That's so preposterous that I'm not even going to bother debunking it. Life happens. She visited, she got pregnant, you decide to get married now and be a family, that's awesome. I wish more guys would marry their pregnant girlfriends and support them instead of abandoning them!
Just get married and have her stay here. Enjoy being married, support your wife during the pregnancy, and have a child together here in the US. Once you're married, you can add her to your insurance. As a new LPR, she can also take advantage of enrollment in Obamacare, but she can't get free care. HOWEVER, it may be different because she's pregnant. I think pregnant women are eligible for emergency Medicare, but you can check at your local hospital financial assistance office.

Hi!
Im 24 and my USC husband is 33. I don't think there will be a problem. I see in your case you are the younger one but still I don't think is a crazy age difference.
Lots of couples here and everywhere have age difference, and even bigger differences! Don't worry about it also Asian genes are really good so soon you may look older than her haha just a joke

Hi!
Im 24 and my USC husband is 33. I don't think there will be a problem. I see in your case you are the younger one but still I don't think is a crazy age difference.
Lots of couples here and everywhere have age difference, and even bigger differences! Don't worry about it also Asian genes are really good so soon you may look older than her haha just a joke

Another vote for stay and AOS. Why separate now, why spend months, possibly longer, apart and why should he not be present for the birth of their first child?
This comes up as a topic a great deal. It always annoys me no end when people assume intent, or claim people are jumping the queue, or cutting in ahead of them, when there is clearly none of that going on here. Sour grapes, on the whole, and petty jealousy.
So, stay, marry, and AOS. And congratulations

Is he threatening you, making you file the ROC? Otherwise, why do it? You need to get away from this guy.

There will always be people using the system. Of course they would not mention it at POE!
You are generalizing though by saying other visa types are using it as a way to cut in line. You think I came here on an F-1 visa almost three years ago with the intent to get married and adjust status? Stuff happens. Sorry if it makes everyone mad that did it the "right" way.

I started readin the comments and SERIOUSLY disagree with a LOT of them so I stopped.
I wish I had VJ BEFORE my fiance left the country.
We found out we were expecting just before he left and i thought Fiance Visa was our only option.
DON'T DO IT!!!

I have spent the last 4 months pregnan, alone and eagerly anticipating him to come home. (It's been rough, to say the least)

If I had know, we would have married and filed for AOS. Once you file for AOS overstaying is NOT an issue., unless your AOS is denied but that's a whole new ball game.
But seriously though... just get married.
Don't make the mistake we did.

So much bitterness, not just towards this particular couple, but it seems to me also towards everyone else adjusting status from any other visa than a "family based" visa. I think they can be allowed AOS on the basis that everyone else whose circumstances changed can be allowed.

Get married. File for AOS. She never has to leave the USA!

It's simple... The way it is justified is that as an American Citizen, if you are in the situation the OP is in, and want to start your own family, the US government grants you the right to do so.
Life changes fast, and 3 months is more than enough time to change your goals. Some may be bitter, some may abuse it, but in the end, the reason we are allowed these options is because in the US it is every American's right to bring their loved ones to live with them. This is why the process starts as a petition from a US Citizen.
To the OP:
Good luck with your Visa Journey, whichever path you take.

You are wrong, plenty of information about this and I see you are new but I have no interest in covering something again that has been discussed time and time again..
Once they have filed she can at the very least sign up for Obamacare.

I am in the same situation. I filed my K1 visa on Sept 6 and found out she was 3 weeks pregant a week after. My gf does not have a tourist visa, so the "options" you have are not on the table. To be honest with you, I think your case is simpler than you are making it out to be. You should file for the K1 visa while she is in the States. If you can't afford to pay for her out-of-pocket costs (which, unless you make more than $60,000+ a year is doubtful), she is best going back to her home country as soon as possible to receive prenatal treatment. It would be best for the baby and her ultimately. If you can manage to afford some of the initial costs, you are better off having her change her flight to December while the K1 visa is in process. Someone can correct me if I am wrong, but it is okay to be in the US while the NO1 is processing. She can spend the majority of the pregnancy with you and maybe wait the remaining two months in her home country. It is possible she could receive the visa before May, so don't give up all hope. The other situations people are giving you are possible, but are risky in a sense. An AOS interview would be full of scrutiny due to your situation compared to a K1 visa. There are no guarantees that they will approve in her favor.

~~Several post removed for judgmental and others for Personal attacks. Stop the back and forth about the legalities of AOS. If you want to discuss it start another thread in General Immigration, as at this time it is a legal route for this couple. Any further disruption will lead to thread bans~~

Agreed... If there was only a right or wrong way, then we wouldnt be having this discussion in the first place.

The key is the intent... I actually just read the OP's question on having his gf visit from Chile. This and the narrative of his questions here indicate that they are a valid candidate for AOS.
Had the intention been to come here and AOS all along, then I would agree, but that is up to the USCIS to identify.

Yes they can. It may not be fair to some, but there is nothing illegal in doing so.

This is incorrect.

She entered legally.
In a category that allows adjustment through marriage.
Everything else is pretty much irrelevant from USCIS point of view.

Get married, adjust status, and add her to your insurance. Sh-- happens. I can't believe the negativity in some responses. People say it is illegal, but it is not as long as you and her did not plan on her staying when she arrived. Congratulations on the pregnancy. Good luck!!!

The issue is not the possibility of denial - everything is possible - so much as the probability. If the relationship is real, there is nothing they should fear, nor should they anticipate any reason their petition should be denied. The probability of denial is extremely low.

Get married now, adjust status, and add her to your insurance. Do not be put off by those that say it is illegal, it is not. As long as you did not plan on her staying when she arrived, you will not be doing anything wrong.

Sorry but she sounds like the typical bi*tch. Doesn't agree to prenup......only looks for herself and you sound stressed and tired of it.
Marriage isn't easy. If she won't wait for you to get ready and says she will move to another state and work under the table that means she is not the one. She just wants a green card