VMP and AOS

[wdkingery 0]

She came here on a VWP... she has a return plane ticket, school to attend, a lease on an apartment back in Holland...

but she got pregnant.

send the poor pregnant lady home and play the K-1 game (maybe i won't even see the child's birth in this situation!)

or attempt to AOS on the VWP?

will they even check for pregnancy?

[YuAndDan 153]

Third option: Marry now and file I-130 for a CR-1 spouse visa. Then don't overstay and return home for visa interview.

This will cost less in fees, Spouse visa ~ $800, AOS from VWP ~1500+

As for birth of child, the birth can be reported abroad getting US Citizenship for child, and getting a US Passport for child, thus no visa needed for child.

AOS from a VWP can be hazardous..

[wdkingery 0]

Third option: Marry now and file I-130 for a CR-1 spouse visa. Then don't overstay and return home for visa interview.

This will cost less in fees, Spouse visa ~ $800, AOS from VWP ~1500+

As for birth of child, the birth can be reported abroad getting US Citizenship for child, and getting a US Passport for child, thus no visa needed for child.

AOS from a VWP can be hazardous..

how long did this take you Dan?

[YuAndDan 153]

how long did this take you Dan?

At the time I have been seeing 8-9 months start to finish for a CR-1 visa process, ~5 months USCIS, 2-3 months NVC, 1 month consulate.

AOS from VWP is rolling the dice with your future, but considering an un-intentional pregnancy, they may rule in your favor, but this would best be handled by a competent immigrations lawyer.

Edited January 18, 2011 by YuAndDan

[JimVaPhuong 4,863]

She came here on a VWP...

When?

[Harpa Timsah 13,258]

As Jim points out, the real factor here is when she arrived. If she has not overstayed, then yes, AOS. The only difference from adjusting with VWP while in-status is you will not get a chance to appeal a negative decision. Yes, they look at pregnancy (as evidence of a bona fide relationship).

If she overstayed already, then eek. Then the next question to answer is, what state are you in?