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BlueSky77 Rookie

BlueSky77   0

Posted
Filed: Timeline
Posted

Hello

I have been here visiting the US on a tourist visa, Staying with my Husband who is a PR and in process for his N400 to become USC we were married before I enter the us, and I had my B1/2 before we get married. My I-94 is about to expired I am pregnant an due in about 4 month, the whole things was not planed right I guess, however the following is what we are trying to do,

1- Give birth here since our Medical insurance is here and we would like our baby to be US born,

2- stay with my husband legally.

We are not sure how can we get this done, Please advise.

My I-94 will expire in 22 days, My husband interview is in 40 days

Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

Duplicate topic here http://www.visajourney.com/forums/topic/302315-needing-advise-if-you-only-can-give-one/page__pid__4569045#entry4569045

OP - There is no way you can say in the US legally unless you obtain a work visa or other long-term visa. Sorry and good luck.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

Agreed. As was mentioned in the other thread, all the options for AOSing from a non-immigrant status to LPR within the US are only available for spouses of US citizens. Since your husband is not a citizen yet, there options are not currently available for you.

The legal way of doing it would be for you to return to your home country before your current I-94 expires, and for him to file the I-130 petition for you as an LPR. Then, when he gets his citizenship, you can file the CR-1, which will make the process much faster. While these petitions are under process, you might be able to visit him here under a tourist visa, though proving that you do not plan to stay might be hard. And of course he can visit you in your country. However, neither option will allow you to be here when you give birth.

Once your husband is a citizen, your child will have rights to US citizenship as well, no matter where he/she is born.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

BlueSky77 Rookie

BlueSky77   0

Posted
Filed: Timeline
  • Author
Posted

Agreed. As was mentioned in the other thread, all the options for AOSing from a non-immigrant status to LPR within the US are only available for spouses of US citizens. Since your husband is not a citizen yet, there options are not currently available for you.

The legal way of doing it would be for you to return to your home country before your current I-94 expires, and for him to file the I-130 petition for you as an LPR. Then, when he gets his citizenship, you can file the CR-1, which will make the process much faster. While these petitions are under process, you might be able to visit him here under a tourist visa, though proving that you do not plan to stay might be hard. And of course he can visit you in your country. However, neither option will allow you to be here when you give birth.

Once your husband is a citizen, your child will have rights to US citizenship as well, no matter where he/she is born.

THANK YOU BOTH

Is filling an extension for my I-94 possible?

Little_My Proficient

Little_My   464

Posted
Filed: Lift. Cond. (pnd) Country: Finland
 Timeline
Posted

I highly doubt they would extend your non-immigrant visa, given that you are pregnant and the father is an LPR residing in the US. If you applied for an extension, you would have to explain why you need it.. And in your case, I think it would be very hard to convince USCIS that you are not planning to immigrate. Which you are.

Adjustment of Status from F-1 to Legal Permanent Resident

02/11/2011 Married at Manhattan City Hall

03/03/2011 - Day 0 - AOS -package mailed to Chicago Lockbox

03/04/2011 - Day 1 - AOS -package signed for at USCIS

03/09/2011 - Day 6 - E-mail notification received for all petitions

03/10/2011 - Day 7 - Checks cashed

03/11/2011 - Day 8 - NOA 1 received for all 4 forms

03/21/2011 - Day 18 - Biometrics letter received, biometrics scheduled for 04/14/2011

03/31/2011 - Day 28 - Successful walk-in biometrics done

05/12/2011 - Day 70 - EAD Arrived, issued on 05/02

06/14/2011 - Day 103 - E-mail notice: Interview letter mailed, interview scheduled for July 20th

07/20/2011 - Day 139 - Interview at Federal Plaza USCIS location

07/22/2011 - Day 141 - E-mail approval notice received (Card production)

07/27/2011 - Day 146 - 2nd Card Production Email received

07/28/2011 - Day 147 - Post-Decision Activity Email from USCIS

08/04/2011 - Day 154 - Husband returns home from abroad; Welcome Letter and GC have arrived in the mail

("Resident since" date on the GC is 07/20/2011

Haarp425 Enthusiast

Haarp425   26

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

Check this link. http://www.visajourney.com/forums/topic/191286-citizenship-interview-walkin/

If he does not become USC within 22 days, you will be out of status before he becomes a USC. Still you won't be 6 months Out of Status when he petitions his family.

Some people file/request to extending their B1/B2?

Not sure with your situation since you are already married with a PR and he will be petitioning for you once he becomes USC in a few months.

http://video.google.com/videoplay?docid=-8066925138937638623#
Angels Still Don't Play This HAARP

 
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