My visa F1 is going to expire after I marry my fiancee, should I apply for a visa B2/H2B since we have no money to file for AOS right now?

[LiveStrange 0]

Hi! I am very confused because I can't find a visa that suits me and can apply for...

I am a 18 year old student under a F-1 visa that will expire May 30.

I am 7+ months pregnant, my baby is due May 30.

Right now my fiance (a natural born US citizen) and I are pretty bad economically, and are just moving out to our own house to start a family together. We will marry in April.

I don't want to overstay until I have the money to pay for the AOS fees, but I don't know what to do...

Can I apply for a visa B2 without having to go back to Spain (my country), or even better, can I apply for a visa H2B so I can work here in the US and save for my papers and also help my fiancee with rent, utilities, baby...?

Is there any other visas possible? My baby will be a US citizen and a Spanish citizen, could they simply deport me if they find out I overstayed and worked ilegally to be able to maintain my baby together with my US-citizen husband?

Help please! I don't want to be kicked out of the country and be away from my immediate family for trying to maintain my baby...

[Bobby+Umit 161]

Hi! I am very confused because I can't find a visa that suits me and can apply for...

I am a 18 year old student under a F-1 visa that will expire May 30.

I am 7+ months pregnant, my baby is due May 30.

Right now my fiance (a natural born US citizen) and I are pretty bad economically, and are just moving out to our own house to start a family together. We will marry in April.

I don't want to overstay until I have the money to pay for the AOS fees, but I don't know what to do...

Can I apply for a visa B2 without having to go back to Spain (my country), or even better, can I apply for a visa H2B so I can work here in the US and save for my papers and also help my fiancee with rent, utilities, baby...?

Is there any other visas possible? My baby will be a US citizen and a Spanish citizen, could they simply deport me if they find out I overstayed and worked ilegally to be able to maintain my baby together with my US-citizen husband?

Help please! I don't want to be kicked out of the country and be away from my immediate family for trying to maintain my baby...

To keep from being out of status, you would need to either marry, because of this:

Staying beyond the period of time authorized by the Department of Homeland Security (DHS) and being out-of-status in the United States is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the U.S.

Or - you can try to change to an H-1B F1 change status.

I can't really say what USCIS would do in your case, you should contact a lawyer asap to figure out a game plan.

[LiveStrange 0]

H1B visas are only for special careers, isn't it? remember that I am just a high school student...

I would be married by the time my F1 expires, but I though that unless I was already adjusting my status I would be overstaying.

Help?

[Marikiya_dhr 0]

No puedes pedir el dinero prestado o algo? tienes que tener cuidado, y si yo fuera tu... no trabajaria ilegalmente... puede traerte problemas a la larga.. y no quieres eso para ti ni tu bebe.

Espero que encuentres una solucion pronto!

[Bobby+Umit 161]

H1B visas are only for special careers, isn't it? remember that I am just a high school student...

I would be married by the time my F1 expires, but I though that unless I was already adjusting my status I would be overstaying.

Help?

If you marry, and you send in the AOS package, your status will be changed to "pending" as soon as you get the NOA, so you no overstay will occur as long as you do it before your authorized stay expires.

[LiveStrange 0]

As I said, I don't have money to pay for the fees, so I can't send my AOS. No, I don't have anybody that could borrow me the money. My family and I aren't connected, and my mom can't pay for it neither.

[Kathryn41 3,205]

You cannot apply for a B2 visitor visa as you have obvious immigrant intent. A requirement of the B2 is that you leave the US at the end of your visit. Obtaining a B2 visa with the intent to remain in the US and adjust status at a later time is considered visa fraud and carries very heavy penalties.

The best you can do is to try and obtain the money to file for the AOS and the I-130. Along with the AOS and I-130 fees your US husband needs to meet at least 125% of the current poverty guidelines for an Affidavit of Support, or else obtain the services of a co-sponsor. If your economic situation is this tight right now you might look into finding the co-sponsor and borrowing the necessary funds to file the AOS. This honestly is your best course of action if you are planning on marrying and remaining with your husband in the US.

There is also a possibility of filing for exemption from paying the fee due to financial hardship. The exact phrase has escaped me right now (it has been a long day, hehehe) but I believe you can file for this at the same time as you file the AOS. I don't have any details on how you would do this, just know that the option exists.

Good luck.

[LiveStrange 0]

You think they would give me the visa waiver? I'm scared that if I apply and they deny it to me then I will really have to leave USA while pregnant...

I wish there was an USCIS officer that could tell me if all these things would make me be able to get that waiver, but since there probably isn't, do you think these would be enough reasons?:

I am 18 years old and pregnant, so the money that we have to live is very tight, especially now that we are having to buy all baby furniture

I am getting help from WIC (economical support for the pregnancy) and Heartland (also because of my pregnancy)

My fiance is paying child support

My family has no money to lend me

If I go back to Spain I would have to go back with my mom, and already a psychologist said I should not live with her because of our bad relationship.

If I was to pay for the fees having a loan we probably wouldn't be able to buy food that same month.

We are having to move out right now so we have to pay even more expenses (because of the deposit...)

We do not meet the poverty line.

Edited April 3, 2009 by LiveStrange

[Anh map 2,098]

Have you been able to find a cosponsor since your last round of posts? Would that person be able to help you and your family get on your feet? Any chance of the baby's father's family helping?

As stated previously you are in jeopardy of committing visa fraud.

It would be a good idea to seek out some legal assistance / guidance. There are many charitable organizations that can help you find advice / advocacy.

[Marikiya_dhr 0]

I don't really think you will be able to get any of those visas.. i mean.. no a B2 visa or work visa. And the visa waiver (VWP) is what u get when u are coming to the states as a visitor...I dont think you can apply for one.

[LiveStrange 0]

I do have a co sponsor.

Everyone I know, they are able to live, but that's about it.

It's not like I am homeless, but if I have to pay for those fees I probably won't have food :S

So, we are "ok" as long as I don't have to pay for the fees, therefore nobody has to help me get on my feet, and I wouldn't know in these times anyone that would simply borrow me money for that anyways.

Somebody from catholic charities told me to simply over stay until I have the money, that my over stay will be forgiven...

[Anh map 2,098]

Congrats on securing a co-sponsor.

I'd look for some more validation on the advice you received from Catholic Charities. Any other immigration / immigrant advocacy groups in your area?

[Bobby+Umit 161]

I do have a co sponsor.

Everyone I know, they are able to live, but that's about it.

It's not like I am homeless, but if I have to pay for those fees I probably won't have food :S

So, we are "ok" as long as I don't have to pay for the fees, therefore nobody has to help me get on my feet, and I wouldn't know in these times anyone that would simply borrow me money for that anyways.

Somebody from catholic charities told me to simply over stay until I have the money, that my over stay will be forgiven...

It usually is "forgiven", but the law/rules/instructions do not state that. Your hoping that the person adjudicating your case will do it as a favor.

Can't you borrow the money from the catholic charities? That is an option.

You can also apply for a waiver for the fee - read this -Fee waiver guidance

Since you have a cosponsor, I think you would have a good case to get a waiver.

Good Luck!

Edited April 3, 2009 by Bobby_Umit

[canadian_wife 1,826]

I agree with Bobby_unit. You are putting a LOT of weight behind the CO doing you a favour. It is not a guarentee.

You want to make things easier for yourself, your fiance and your child so do things properly. Do what you can to get the AOS and find some additional source of income - you have a baby on the way and immigration is not a cheap process.

Good luck

[pacificleye 4]

I agree with Bobby_unit. You are putting a LOT of weight behind the CO doing you a favour. It is not a guarentee.

You want to make things easier for yourself, your fiance and your child so do things properly. Do what you can to get the AOS and find some additional source of income - you have a baby on the way and immigration is not a cheap process.

Good luck

As an F1 overstay that just done adjusting I can tell you that overstaying and working illegaly will be forgiven when you aply for AOS, but it is not guarantied that you will be aproved for a GC so overstaying can hurt you when Denied. But before I started filling my paper works, I seeked advice from an attorney here in Dallas because I was told that I cannot tell on my paperworks for AOS that I worked illegaly while on my F-1 status since I did not have EAD and that it will result automatcally in a denial. The attorney told me that lying on my paperworks was fraud and that I had to put every places I worked at and that it would be forgiven for working without EAD since my wife is a USC. Now, I would take a loan to do your paperworks, It cost about $1365 total fees and it is worth it in the long run because once you send it in and do your biometrics, you can receive a EAD after about 2 months and then you can start workin and help pay your bills.

In the case of you overstaying, your pregnancy should be reason enough in case you are asked about it at the Interview. Now you have a joint sponsor, in my case that was the most difficult part. We had my father in Law lending us the money and trust me it was hard on him to do so, but he helped us out. We paid him out since I had my EAD and was able to come up with the money.

My piece of advice would be: get married if that is really your intentions, then borrow some money or take out a loan. Someone mentioned looking into the fee waiver for reason of hardship if that applies to you, then AOS asap. It is best to suffer now that the baby is not here yet to get the money than when it is going to be here. Buying stuff for the baby that is not here yet is not gonna help you right now. Use that money towards AOS that way you can get the EAD and it will all work out.

Even going to chuch and ask for help can be a way. They trully help people out.