Athea

48 minutes ago, Lemonslice said:

I just read previous post.  

 

OP, what have you done about your situation in the last two months?

 

 

Nothing. My mother does not want me to do the adjustment 😒. I will go home by end of January and continue my pregnancy.

Hi everyone I’m 16 weeks pregnant and I just want to know if I am eligible to get a medicaid. I have a pending IV visa and im on tourist and got pregnant while vacationing now I'm doing my prenantal checkup with an outstanding bill of 360 usd plus additional billing for my upcoming check up next month. my boyfriend does not want me to get the medicaid because he thinks it will affect my immigrant visa but I worry because our bill is getting bigger. Anyone here who have the same scenario like mine. Thank You

2 hours ago, HRQX said:

I think @aaron2020 mentioned it because the risk is technically there for an IO to determine intent at the I-485 interview for non-IR cases. See Matter of Ibrahim: https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/14/2866.pdf "The benefits of Matter of Cavazos, supra, are limited to immediate relatives, and an application for adjustment of status by a fifth-preference immigrant who entered the United States as a nonimmigrant with a preconceived intention to remain is properly denied in the exercise of discretion." "The Immigration and Nationality Act makes immediate relative status a special and weighty equity. The Congress has accorded immediate relatives important dispensations not available to visa-preference applicants. Section 201(a) of the Act exempts immediate relatives from the Act's numerical limitations on immigration. Further, section 245 of the Act which provides for adjustment of status, denies that benefit to aliens other than immediate relatives who after January 1, 1977, continue in or accept unauthorized employment prior to the filing of an application for adjustment of status. Section 245(c)(2). In view of this most favorable status accorded by Congress, we believe it appropriate to accord greater weight to immediate relative status than to visa-preference status when making discretionary determinations under the Act. Therefore, the benefits of Matter of Cavazos, supra, will be limited to immediate relatives.

The respondent in this case is not an immediate relative: he is a fifth-preference immigrant. Accordingly, the appeal will be dismissed."

If the AOS only applies to immediate relatives then why there are adjustment of status for family preference categories filing charts.  

20 minutes ago, SusieQQQ said:

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.

Thank You Susie for this advises. but I do have 1 question. Is the father really need to be present just to signed the CRBA form in consulate abroad. What if he cant travel because of work. 

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. 

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? 😔

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? 

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

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?

6 minutes ago, SusieQQQ said:

And you were only DQ late last year?. Anyway, that does also mean that if you don’t need to go home any time soon and don’t  need to work anytime soon, you can consider adjustment of status in the US. There are pros and cons to that depending on your personal circumstances. 
 

Her PD is current, she can adjust on the F1, no need to get married for a green card.

wow really? How to adjust a status while in the US the pros and cons too. 

27 minutes ago, SteveInBostonI130 said:

CRBA applies when at least one parent is a USC regardless of marital status.

 

There is a little more involved, including using a different form.  

 

https://travel.state.gov/content/travel/en/international-travel/while-abroad/birth-abroad.html

 

What if the father is here in the US does it mean he needs to travel to the Philippines just to sign the form infront of a consulate officer?

Just now, SusieQQQ said:

What’s the priority date of the F1 petition? That also needs to be current before you  can interview.

 

No, pregnancy is not a reason for a “tourist extension” (what do you mean by that anyway? A renewal of your B visa? Or staying longer in the US on your existing trip?)

Priority date Nov 2010 - Doc complete since October 2020. Staying longer in the US on existing trip because the father of my unborn child wants me to give birth here in the US instead in the Philippines. Thanks

15 minutes ago, aaron2020 said:

Hi,

 

Read this pinned thread.  Pregnancy is not a valid reason for an expedite.  https://www.visajourney.com/forums/topic/671722-no-pregnancy-is-not-grounds-to-expedite-your-process/

 

If the USC father has lived in the US for at least 5 years, then your baby will be a US citizen regardless of whether you're married or not.

Who filed for you?

Thanks for sharing the thread. my mother filed for me and I am just now waiting for the interview letter from the embassy. I am now in the United States and I’m going back to the Philippines by end of January. I am also thinking if the embassy will approve my tourist extension because I am pregnant. 

6 minutes ago, SteveInBostonI130 said:

Pregnancy is usually not a reason for expedite.

 

What visa category is this?  If you've been DQ'd since Oct 2020, then the expedite request should be sent to the embassy.  NVC is just holding on to your case until the embassy instructs them to schedule you.

 

Typically children born overseas to a USC parent is a US Citizen, with some qualifications (of the USC). The USC parent needs to complete the CRBA for the child.

My category is F11 unmarried sons and daughters of a USC. Can CRBA apply for the baby because i am not married. I think that is only applicable for married couples. Oh ok I didn’t know that we can also send the expedite request to US embassy. Thank you for this because last time we sent expedite request via NVC. 

Hi Everyone, I just wanted to know if I could expedite my case at NVC because I just found out that I’m pregnant. I’ve been documentarily complete since Oct 2020. I am a principal applicant. The other reason is that im afraid that i cant bring my baby with me once the embassy issued a interview letter next year. Thank you so much. P.S additional question the father of my baby is a USC is there a good chance that my baby can acquire the citizenship of the father out of wedlock? 

Hi Guys.. How are you doing. I am here again and seeking your good guidance or advise on what will happen if I update my status from F2B to F1 ( PD NOV2010 / DQ Oct 2020) I am now waiting for the interview and medical. If I do this maybe the interview schedule would be more faster. Thank You

1 hour ago, sdkhokhar said:

Hmmm.. Her date might not be current. Anyway, let's wait. My case is EB. Your is EB too?

Sorry what’s EB again?

51 minutes ago, sdkhokhar said:

When did you get it?

Around 4th March, DQ December 2020. Have you heard any one got interview date?

No not yet. I joined a group in FB for the F2B and there was this one girl and she still waiting for 9 months and still got no interview. 

1 hour ago, sdkhokhar said:

When did you get this email? And when were your documents DQ?

around march 08. Original Date that I got DQ was October 2020. Actually the letter was kinda late already. How about you?

26 minutes ago, Marthaeu said:

We have a private group on Facebook of CR1 / IR1 cases pending appointment for interviews and they are in Colombia at that time.  I don't know how they go in your country.

Oh ok. I see.. that’s nice 😊.

2 hours ago, Marthaeu said:

Welcome to the waiting line my husband also has DQ Oct 2020 and in Colombia they go in Cases with DQ April and May 2020.  It only remains to be patient.Good luck

Oh how did you know which month they are currently processing? is this base on the Visa Bulletin? Thank you

1 hour ago, Jorgedig said:

Nope.

 

If this was a thing, everyone would do it, rather than wait their turn.

Heheh exactly!! Thanks!

1 hour ago, HRQX said:

It looks like you are currently outside the US so don't even try abusing the tourist visa or you will be denied entry per INA 212(a)(7)(A)(i)(I) and INA 214(b).

👍🏻👍🏻 This is noted thank you so much

1 hour ago, Jorgedig said:

Regardless, you cannot enter the US on a tourist visa with the intent of adjusting status.  That is FRAUD.

Yup! This is noted. Thanks!

1 hour ago, aaron2020 said:

You need to be patience and wait for your visa interview in Manila.  

There are no visa interviews in the US.  Visa interviews happens outside the US.

 

It's visa fraud to enter the US on a tourist visa with the intent to immigrate by adjusting status.

 

You're close, so be patience.  Don't do anything that will jeopardize your chance to immigrate to the US.

Yup. I won’t do anything stupid that I will regret in the end. Thanks All for the wonderful response. Stay safe everyone 🙏