What a headache/blessing!

[NorthernBird 0]

I'm not sure if this is the right section as there's no section for our current situation.

I entered the US legally on June 04th 2011 through Montreal (airport) to visit my boyfriend. I have a valid passport that expires in three years and plenty of evidence to show my initial intent to return home on August 15th 2011 (I had to cancel my semester from here, had non-refundable plane ticket, purchased traveler's medical insurance until date of planned return, had to sell my car in Canada by proxy, etc.).

We found out we were expecting a child in early August, a week before my return. My now husband being Active Duty military going on 8 years of service, it is impossible for him to join me in Canada until his ETS date in 2014. Neither of us are fans of marriage (it is the 2nd for both) and neither of us have children. We hadn't planned for marriage and family this early in our relationship as we've known each other only a year but abortion is not an option. We're both old enough to care for kids and have decent career paths. We decided to put my career and schooling on hold while he finishes his contract with the Army. We got married on Sept 02 2011 and I was enrolled in DEERS/Tricare (received medical insurance and a Military ID) on Sept 26 2011.

That was the first step. Now comes the fun part, USCIS. We have evidence of a bona fide marriage as I'm now a military dependent, he added me to his lease and bank accounts, on the car insurance policy, etc. The 14 weeks old fetus growing inside me is also pretty decent evidence.

But I'm (as could be expected) overwhelmed with the amount of information coming from everywhere. I've been reading up ever since we learned about the pregnancy and now is the time to file. I'm using this guide : http://www.visajourney.com/content/i130guide2 and will contact JAG as they have an immigration consultant available once a month.

Here are my questions :

1) Is there any ground for the US gov't to deport me at this point? I'm legally allowed to remain in the US as a tourist until December and will have filed by then - but like any other pregnant woman, I'm on pins and needles about everything. My husband's commander has pledged to fight ICE with half of the unit's manpower, but as sweet as it is, it doesn't do much for my legal status.

2) Coming in from Canada, I did not need to file an I-94 as we do not require visas to visit the US. Should I now request one? I still have plane ticket records and they swiped my passport on entry.

3) My husband is frequently gone or at work for long periods of time. Being military, he cannot keep an appointment to save his life at times. Tucson Service Center's website says they accept military members without an appointment. Does that mean we can directly drop off our paperwork with them once our packet is complete? Will he need to personally attend anything but the interview?

4) Being French Canadian, most of my personal records are in French. Am I right in assuming I can produce my own translation and certify it myself?

5) I have read on many websites that I need to prove intent to return to my home country. Is evidence of a car sale by proxy, cancelled semester and unused return plane ticket enough or should I worry about being denied the AOS? I know this isn't the proper way of immigrating to the US but Mother Nature has left us little choice. I'm not sure how to plead my case to the USCIS. All the cases online I've seen are open apologies to the gov't... I'm not sure what I'm apologizing for outside of ungodly fertility (I was on birth control). If anyone has first-hand experience with this kind of situation, I would gladly read your recaps.

...

I think that's it for now - thank you all for your time. I'm sure I'll have more questions as we prepare our packet!

[Harpa Timsah 13,258]

Hello and congrats on everything!

To answer your questions:

1. Your authorized stay is good until December, so there is no chance to deport you until then. Once you file you will begin a NEW period of authorized stay.

2. Canadians don't get an I-94 and that is okay. Sounds like you have proof you crossed the border legally (plane ticket) in case they can't find your passport swipe in the records which is great. No need to do anything else.

3. You don't apply in Tuscon, and you don't drop off your package in person. You mail the package to the Chicago Lockbox listed in the instructions. Your husband doesn't have to do anything except the interview, and if he is deployed he can be exempted from that requirement as well. They give about a month's notice before the scheduled interview about when it is. You will have a fingerprinting appointment (biometrics) and the USC is not required to attend. Besides that, it's a lot of waiting.

4. Yes, you can.

5. You do NOT need to prove you had no intent. Intent itself is not enough to deny an AOS. Since you KNOW you had no intent anyway (and therefore did not lie at the border), then there is nothing to worry about in that regard.

Check out the forum with below this one, AOS from tourist, student, work visas for people doing the exact same process as you and relax! Hopefully a mod will move this thread over there.

Good luck!

[NorthernBird 0]

Thank you so much for your response. I wrote this all late last night and somehow skipped the section below entirely as I thought it referred only to people out of status

I have an appointment with the immigration consultant at Jag on Oct 6th, hopefully I get good news then! All the paperwork seems easy enough to get.

Thanks again!

F.

[VanessaTony 3,567]

That was the first step. Now comes the fun part, USCIS. We have evidence of a bona fide marriage as I'm now a military dependent, he added me to his lease and bank accounts, on the car insurance policy, etc. The 14 weeks old fetus growing inside me is also pretty decent evidence.

The child isn't really proof of anything except that you had sex. Everyone has sex and kids get pregnant all the time... don't bank on just the child. Sure it's additional evidence but some people seem to think the child alone is the "deal sealer". The rest of your stuff looks good.

I remember one thread where a woman had twins 'cause she thought it would help her, then she left her husband and her kids once she got the GC.