Withdrawing and filing AOS??

[David and Marina 0]

Ok, here is the situation.

Filed I129 F: April 4th

USCIS Approval: September 7th.

Baby is 21 weeks long and STILL the NVC has NOT received our case.

Problem: If she flies back to grand cayman, then she will be 24 weeks, then will have to fly to Jamacia as that is where the "local" embassy is. Then fly again back to the US.

This is dangerous according to our doctor as if it reaches 30+ weeks.

What do we do?

Should we withdraw and just file AOS?

Is that even possible since we filed I129F?

Can we file AOS at this time, since she is able to stay according to her passport until Nov 17th, or are we too late?

We have been trying to play by the rules, but we have reached our boiling point. She got pregnant unexpectedly when she arrived here. So she did come here for a visit originally, but life has thrown us this curve ball and now we wont' have health insurance coverage back home for her (my insurance doesn't cover it) and if she had complications this would be devastating. Any thoughts, words of encourgement, etc would be helpful. We REALLY need advice here.

Thanks,

Dave

[Kez/JWolf 6]

Are you married?

[David and Marina 0]

Are you married?

No we are not married, but now that she is pregnant, we are considering getting married, as the situation has changed for us. As i stated earlier, we had no intention of getting married before we had all our I129F was approved (hence why we filed that), however, now we want to get married for our baby's sake and our own sanity.

[rebeccajo 14]

I'd find the closest best immigration lawyer I could find and ask them.

I hope things go ok.......

PLEASE don't misunderstand what I am about to say. When did she enter the country? Was she already pregnant when she entered?

These things could have a bearing on your case.

Edited October 10, 2006 by rebeccajo

[David and Marina 0]

I'd find the closest best immigration lawyer I could find and ask them.

I hope things go ok.......

PLEASE don't misunderstand what I am about to say. When did she enter the country? Was she already pregnant when she entered?

These things could have a bearing on your case.

She entered the country on May 28th, we got pregnant at the beginning of June. No she was not pregnant, nor did we have any intention of her getting pregnant (hence why we filed the 129F. I would love to find an attorney, but non around here will talk to you until you pay them their retainer fee, which I would happily pay if we I knew the answer if it was possible.

[Kez/JWolf 6]

Yes it is possable to do AOS if you entered the US on a visitor visa as long as you did not intend to remain when you entered.... you would need to be married... and yes you should go and talk to a lawyer to check your individual situation....

Good Luck

Kezzie

[rebeccajo 14]

I'd find the closest best immigration lawyer I could find and ask them.

I hope things go ok.......

PLEASE don't misunderstand what I am about to say. When did she enter the country? Was she already pregnant when she entered?

These things could have a bearing on your case.

She entered the country on May 28th, we got pregnant at the beginning of June. No she was not pregnant, nor did we have any intention of her getting pregnant (hence why we filed the 129F. I would love to find an attorney, but non around here will talk to you until you pay them their retainer fee, which I would happily pay if we I knew the answer if it was possible.

I'm glad you weren't offended by my questions. I think those facts you just gave are at least in your favor.

Immigration law is subject to Federal statute - not state statutes. What that means to you is that you don't have to hire the local guy. If you can locate someone in another state they can represent you. And there are attorneys who do represent people who live WAY off from their physical offices. Just check them out first - for that you CAN look to the Bar Association in that attorney's state.

[ready4ONE 5,400]

I'd find the closest best immigration lawyer I could find and ask them.

I hope things go ok.......

PLEASE don't misunderstand what I am about to say. When did she enter the country? Was she already pregnant when she entered?

These things could have a bearing on your case.

She entered the country on May 28th, we got pregnant at the beginning of June. No she was not pregnant, nor did we have any intention of her getting pregnant (hence why we filed the 129F. I would love to find an attorney, but non around here will talk to you until you pay them their retainer fee, which I would happily pay if we I knew the answer if it was possible.

Tough situation, I would strongly suggest you contact this attorney, Laurel Scott. She will consult for a reasonable fee by phone, and if she can't help you likely can suggest who can.

http://visacentral.net/ her website. Others here, veterans, suggest her highly.

Or try this site, where you can chat with an immigration attorney;

http://www.ilw.com/

Heck do both! Quite a situation you have here. Good luck!

[E&K 0]

We contacted a couple of lawyers back in June-July about this option for us - we were tired of waiting on USCIS to do anything!- and as soon as they heard that we had filed the I129F already they told us that AOS was not a good idea for us anymore.

What they told us was that by filing the I129F our "intentions" to marry were already documented AND in USCIS hands, and that made the AOS approval very unlikely. One of them did say that we could always appeal the decision in case of denial, and I would get to stay in the US during the appeal, but we didn't think it was a good option for us.

Your case is different though, and maybe they would consider the pregnancy a strong reason to approve the AOS.

Good luck!

[diadromous mermaid 36]

We contacted a couple of lawyers back in June-July about this option for us - we were tired of waiting on USCIS to do anything!- and as soon as they heard that we had filed the I129F already they told us that AOS was not a good idea for us anymore.

Was the alien in the USA at the time you consulted the attorneys?

I'd find the closest best immigration lawyer I could find and ask them.

I hope things go ok.......

PLEASE don't misunderstand what I am about to say. When did she enter the country? Was she already pregnant when she entered?

These things could have a bearing on your case.

She entered the country on May 28th, we got pregnant at the beginning of June. No she was not pregnant, nor did we have any intention of her getting pregnant (hence why we filed the 129F. I would love to find an attorney, but non around here will talk to you until you pay them their retainer fee, which I would happily pay if we I knew the answer if it was possible.

A quick consultation with an attorney should not require a retainer.

She entered on May 28, 2006. Fiancé visa was submitted in April 2006. Did she enter on a visa?

If so, when did she apply for the visa to visit? Was it before or after submitting the I-129F? If after, it could suggest that she had demonstrated ties to her homeland even though there was a fiancé visa in the works.

[ChristinaM 0]

http://www.uscis.gov/graphics/howdoi/LPRApplication.htm

(Note: This only applies once she becomes an "immediate family member" - ie. your wife.)