Thought I knew what I was going to do but..

[Allen chalk 0]

Hello guys, I was wondering if anyone could offer some advice on my current situation

Ok , I have been with my wife for almost 3 years she has two children from previous relationships but both see me and refer to me as dad ( not prudent to the case but a big pride boost to me) recently I travelled to the us and we got married at the county clerks office, a small service , just my wife , myself the kids and a few of her family members , we did it this way because we wanted to start the paperwork so that I could get to be with her in good time, ( we where planning to have a blessing some time after my cr-1 visa was granted so that my family could travel over and we could have a full ceremony )

My plan was to come here, get married and spend the Holliday season with her and the kids, return home and file the I-130 package which we have assembled wile I'm here ( not fully complete , wanted to add some pictures of us on Xmas day hehe)

The other day my wife and I visited the local doctor because she was suffering with a bad chest , we found out that she had bronchitis ;( and.... She was pregnant!!!!!!

Now I arrived here on the 21st of November , we got married the 23rd, and I was intending to return to the uk early January , I'm not sure what to do , do I continue the route I was intending to take, basically allowing my wife to go through the pregnancy alone , Or do I file for adjustment of status?

Another issue is the I-184 affidavit of support , my wife dosent make the required amount to sponsor me , but her brother dose, he hasn't been in his job a year but he has a letter of employment , check stubs that prove his income and he will receive a tax return in jan...

What would you suggest I do ? I've heard adjustment of status is dangerous , but I don't want to leave my wife to deal with 2 kids and being pregnant

Edited December 16, 2011 by Allen chalk

[redsnap 13]

I assume you're in the US on the VWP. AOS from VWP is really messy and doesn't work out always, I'd not recommend doing that. So, isn't it I 864 you meant?? I haven't heard about the other form you talked about. If I were you, I'd go home and you might be back in the US before the baby is born, might save you money and a lot of headache!

[Allen chalk 0]

Yes I'm currently in the us on Vwp and yas I ment I-864 sry terrible typing on an iPad

[Bobby+Umit 161]

If you entered the US legally - then by all means, AOS right now.

Follow the guides above.

AOS is not dangerous if you have followed the rules and do not have multiple adverse factors. From your OP - you do not.

The above poster is probably referring to people that adjust after the 90 days of VWP, and that could cause issues. However, if you put the AOS in prior to the date on the I-94 expiration, you shouldn't have any issues.

[pushbrk 12,894]

Hello guys, I was wondering if anyone could offer some advice on my current situation

Ok , I have been with my wife for almost 3 years she has two children from previous relationships but both see me and refer to me as dad ( not prudent to the case but a big pride boost to me) recently I travelled to the us and we got married at the county clerks office, a small service , just my wife , myself the kids and a few of her family members , we did it this way because we wanted to start the paperwork so that I could get to be with her in good time, ( we where planning to have a blessing some time after my cr-1 visa was granted so that my family could travel over and we could have a full ceremony )

My plan was to come here, get married and spend the Holliday season with her and the kids, return home and file the I-130 package which we have assembled wile I'm here ( not fully complete , wanted to add some pictures of us on Xmas day hehe)

The other day my wife and I visited the local doctor because she was suffering with a bad chest , we found out that she had bronchitis ;( and.... She was pregnant!!!!!!

Now I arrived here on the 21st of November , we got married the 23rd, and I was intending to return to the uk early January , I'm not sure what to do , do I continue the route I was intending to take, basically allowing my wife to go through the pregnancy alone , Or do I file for adjustment of status?

Another issue is the I-184 affidavit of support , my wife dosent make the required amount to sponsor me , but her brother dose, he hasn't been in his job a year but he has a letter of employment , check stubs that prove his income and he will receive a tax return in jan...

What would you suggest I do ? I've heard adjustment of status is dangerous , but I don't want to leave my wife to deal with 2 kids and being pregnant

If you are logistically able to remain in the USA 3 to 4 more months with no pressing personal need to leave, I would definitely file to adjust status instead of taking the visa route. If you do, you MUST remain in the USA at least until you have advance parole. Generally, I recommend that even then, you use the parole only in an emergency. Once you have the green card, you can freely travel as needed.

Things change. Life happens. You're fortunate that this option is available to you.

[Allen chalk 0]

Thank you for the advice, I have a lot to think about, Here's a brief summary

I entered the us legally WITH the intent to marry my fiancé ,

I am currently here legally , return ticket dates early jan 2012

I had no intention to come here on a Vwp and stay for good , my intent was to file for a cr-1 visa

Considering AoS because my wife is pregnant

what are my chances?

If I decided to of AoS, how much would it cost? Ive read a figure of $1070. $1490 I'm assuming the $ 1490 is for the AoS package plus the I-130 dose this include the Ead? Or is that extra? Can anyone give me a total?

[pushbrk 12,894]

Thank you for the advice, I have a lot to think about, Here's a brief summary

I entered the us legally WITH the intent to marry my fiancé ,

I am currently here legally , return ticket dates early jan 2012

I had no intention to come here on a Vwp and stay for good , my intent was to file for a cr-1 visa

Considering AoS because my wife is pregnant

what are my chances?

If I decided to of AoS, how much would it cost? Ive read a figure of $1070. $1490 I'm assuming the $ 1490 is for the AoS package plus the I-130 dose this include the Ead? Or is that extra? Can anyone give me a total?

EAD is covered in the 1070 if filed together, as is Advance Parole. Your wife will write two checks, 1070 and 420. You'll also need a medical exam prior to filing and that generally costs about 300.

I would consider your "chances" excellent.

Edited December 16, 2011 by pushbrk

[intx13 5]

Keep in mind that if you leave the US now (to settle affairs in your home country) and return on the VWP and then try to adjust status, that's fraud, because you entered the second time with intent to immigrate. So it's either AOS now and don't return to your home country until you have you green card or return home, settle affairs, and apply for an IR1/CR1.

[Allen chalk 0]

I don't really have any affairs I need to settle that require me to return to the uk , most of them are debts that I can continue to pay over here , the rest I doubt my family would have trouble dealing with on my behalf, as for my job , my employer and I have a good relationship and I'm sure he would understand , I did bring with me a letter from my employer ( basically permission to take my holiday entitlement and when I'm due to return to work)

I will have too find a civIl surgeon that's close to me