Interesting Co-Worker problem

[thongd4me 69]

Both are Asian from the same country but HE is the USC from California.

They are here in NY and SHE got here on an internship visa (my office).

She is 4 months pregnant (can't fly after 5 months I believe) and HIS parents

insisted they get married so they went to City Hall last week.

She says her in-laws will "take care" of immigration but I said she & hubby

should take a closer interest in that because it may be sticky and she may

have to return to her home country despite the fact she is pregnant.

The main sticking point is the fraud assumed by the USCIS because she

did NOT disclose any intention to marry a USC upon her arrival, although

they have a relationship of 5+ years.

[Bobby+Umit 161]

What is her current status? What visa did she enter the US with?

Why isn't the USC husband taking care of immigration?

[thongd4me 69]

What is her current status? What visa did she enter the US with?

Why isn't the USC husband taking care of immigration?

I'll get more info (if she wants to disclose that) but I'm guessing

the visa will be good for no more than a few months (certainly it

will be up before her due date). It's just a temporary internship,

with no guarantee of continued employment with my employer.

I just think they are in love and got married only a few days ago, so

that neither one has considered much what the immigration problems

will be. They're of an age when the parents say they will take care,

they are likely to take that at face value. I'm sure once they see

a few replies on VJ they will begin to think otherwise.

[thongd4me 69]

QUOTE (Bobby+Umit @ Feb 18 2010, 01:03 PM) What is her current status? What visa did she enter the US with?

Why isn't the USC husband taking care of immigration?

I'll get more info (if she wants to disclose that) but I'm guessing

the visa will be good for no more than a few months (certainly it

will be up before her due date). It's just a temporary internship,

with no guarantee of continued employment with my employer.

I just think they are in love and got married only a few days ago, so

that neither one has considered much what the immigration problems

will be. They're of an age when the parents say they will take care,

they are likely to take that at face value. I'm sure once they see

a few replies on VJ they will begin to think otherwise.

She says she entered on a 3-months' B1 visa (which I think started about a month ago).

[Penguin_ie 5,993]

The parents cannot take care of the immigration stuff, the husband needs to be the petitioner, though I suppose the parents could help with paperowrk etc if they are experienced, and be co-sponsors if necessary.

She *should* be able to Adjust Status as she is here legally and then got married "on the spur of the moment" due to the pregnancy, not planning to get married when she entered the USA.

[thongd4me 69]

The parents cannot take care of the immigration stuff, the husband needs to be the petitioner, though I suppose the parents could help with paperowrk etc if they are experienced, and be co-sponsors if necessary.

She *should* be able to Adjust Status as she is here legally and then got married "on the spur of the moment" due to the pregnancy, not planning to get married when she entered the USA.

Do you think it matters whether the pregnancy started here or in her home country?

Because it obviously started there, the USCIS might think they conspired to use it to change her status even while the B1 (business) visa was being applied for...

The husband will be involved I'm sure but the parents weren't thinking of immigration either,

just the grandchild on the way. I'm sure they will assist but she will know that it's up to

him to do the actual petitioning.

[TheBears 9]

Now I don't know what the USCIS officer will say or ask when the adjustment of status is done, but two things come to mind.

First, is to have him, the USC, make an infopass appointment to ask questions.

Second is a personal observation. You say she's 4 months along, but she's only been in the States for about 1 month. Correct? To me that means that she knew she was carrying his child before she came. Being such, I'd think that some mention of marriage to him was made. At the least, she probably thought about it. Even if there wasn't, it might be a question that comes up at a later time, such as during an interview.

Just a thought na...

Good luck!

[thongd4me 69]

Now I don't know what the USCIS officer will say or ask when the adjustment of status is done, but two things come to mind.

First, is to have him, the USC, make an infopass appointment to ask questions.

Second is a personal observation. You say she's 4 months along, but she's only been in the States for about 1 month. Correct? To me that means that she knew she was carrying his child before she came. Being such, I'd think that some mention of marriage to him was made. At the least, she probably thought about it. Even if there wasn't, it might be a question that comes up at a later time, such as during an interview.

Just a thought na...

Good luck!

Her reply to an email from me:

I now understand. Well, they could conduct all tests necessary, I am quite positive about everything. Besides we have other proofs of our valid relationship such as some businesses and accounts.

The way I see it, seems like we are to file a petition for an alien relative, that is the Form I-130 which i could concurrently file with the application for AOS, that is the I-485.

I really am pro the idea of consulting a lawyer cause he/she could provide us with alternatives or some sort.

Anyways, thanks so much for letting me know. Now I know what I have to go through. For the mean time Im focussing on my internship.

My reply to her:

The proof of relationship while solid may have to take a back seat to proving that there was no fraud while you were contemplating filing for the B1.

They will ask questions relative to when did you have a positive test for the pregnancy - before or after you applied for the B1?

The "petition for alien relative" part may fall on deaf ears if you were not a relative (married) before your port of entry in the USA.

I would look at the "infopass" options to get some hard answers but first you should do a little homework on what you expect to get from that.

Once your B1 status is over it may be very difficult to get an extension, so in light of your pregnancy you are looking at being "out of status"

for a couple of months between the B1 and your delivery. I'm sure you will be well taken care of during that time but not by the government.

You shouldn't consider your immigration status as an afterthought, especially not after an important deadline (the end of your valid visa) has passed.

[Bobby+Umit 161]

Ok - she came in on a valid visa.

She is now married to an USC - so the USC just needs to do the AOS on her.

No worries about "prior" information, intentions, pregnancy - the marriage to the USC trumps that. (case law backs this up)

As long as there are no other "adverse factors" - they should have little issue in doing the AOS and getting the greencard.

[thongd4me 69]

Ok - she came in on a valid visa.

She is now married to an USC - so the USC just needs to do the AOS on her.

No worries about "prior" information, intentions, pregnancy - the marriage to the USC trumps that. (case law backs this up)

As long as there are no other "adverse factors" - they should have little issue in doing the AOS and getting the greencard.

That sounds great, I wish them the best of luck in getting it done.

I've heard so many horror stories that I thought there would be more problems involved.

[Penguin_ie 5,993]

It's a red flag if she clearly knew she was pregnant when she came here, but doesn't mean she won't be approved.As long as they have proof of bonafide relationship, and ideally she has some proof she didn't intent to stay when she originally came here, they should be fine.

[thongd4me 69]

It's a red flag if she clearly knew she was pregnant when she came here, but doesn't mean she won't be approved.As long as they have proof of bonafide relationship, and ideally she has some proof she didn't intent to stay when she originally came here, they should be fine.

She thanks all of you for your replies and they will be checking out the details of

their upcoming visa journey here in NY because we have a USCIS center right here.