Friend Pregnant

[I+H 11]

My friends fiance has been here visiting from the UK for the last month. My friend just found out that she is pregnant and her fiance is set to leave January 1st. They are planning to file for the K1. Considering the circumstances, his leaving would put her in the "extreme hardship" category as she already has 3 young children from her previous marriage. Can't they get married now and him stay? If she is left here alone this will be terrible for her.

[apple21 953]

Boyfriend is US citizen living in UK and he visiting girlfriend in UAE?

[amykathleen2005 441]

Well the fiance could stay, marry and adjust right now. However, calling it "extreme hardship" is certainly not true. If she couldn't handle having another child then they should not have gotten pregnant at this time. There are many many single parents currently in the US, I don't think that this case is special that they could not wait the next few months to apply for the K1 visa if that was the route they intended to follow.

[Sandra G. 5,078]

They can get married and file for adjustment of status...no big deal.

[LeftCoastLady 441]

My friends fiance has been here visiting from the UK for the last month. My friend just found out that she is pregnant and her fiance is set to leave January 1st. They are planning to file for the K1. Considering the circumstances, his leaving would put her in the "extreme hardship" category as she already has 3 young children from her previous marriage. Can't they get married now and him stay? If she is left here alone this will be terrible for her.

They could get married now, but it would probably be for the best for him to return to the UK while she files the petition for the CR-1 spousal. If they go through the AOS process now, there's the risk of being seen as getting pregnant on purpose. Also, if it's an extreme hardship, then financially, she would likely be better off going the spousal route (spouse would enter the country with the ability to work) if the costs associated with the K-1 process would be too much for her.

[I+H 11]

Well the fiance could stay, marry and adjust right now. However, calling it "extreme hardship" is certainly not true. If she couldn't handle having another child then they should not have gotten pregnant at this time. There are many many single parents currently in the US, I don't think that this case is special that they could not wait the next few months to apply for the K1 visa if that was the route they intended to follow.

I knew there would be a comment of this nature. Your comment is not helpful. I agree that getting pregnant is not what was best in this situation and they are both aware of that as well. The fact is that the situation exists now. And I don't know about you but I personally believe that what God wills will be and it doesn't matter if she had been cut tied and burned, she would get pregnant. Now as far as her circumstances go, extreme hardship would be the case and unless you have all the facts I do not think that is your decision to make.

I do however appreciate your intial answer thank you for your time.

[del-2-5-2014 1,339]

I knew there would be a comment of this nature. Your comment is not helpful. I agree that getting pregnant is not what was best in this situation and they are both aware of that as well. The fact is that the situation exists now. And I don't know about you but I personally believe that what God wills will be and it doesn't matter if she had been cut tied and burned, she would get pregnant. Now as far as her circumstances go, extreme hardship would be the case and unless you have all the facts I do not think that is your decision to make.

I do however appreciate your intial answer thank you for your time.

Your answer doesn't show appreciation. You asked a question and it was answered. Why ask on a public forum if all you want are only the feel good answers?

[I+H 11]

Your answer doesn't show appreciation. You asked a question and it was answered. Why ask on a public forum if all you want are only the feel good answers?

No one is looking for feel good answers. I am looking for humanity, kindnesss. Is Thanksgiving not tomorrow? Do not presume what I appreciate and what I do not.

And I ask on a public forum because I am still naive enough to believe that every single person in the world is good hearted.

[amykathleen2005 441]

. Is Thanksgiving not tomorrow?

Then you should be thankful for the answer.

[I+H 11]

They could get married now, but it would probably be for the best for him to return to the UK while she files the petition for the CR-1 spousal. If they go through the AOS process now, there's the risk of being seen as getting pregnant on purpose. Also, if it's an extreme hardship, then financially, she would likely be better off going the spousal route (spouse would enter the country with the ability to work) if the costs associated with the K-1 process would be too much for her.

I appreciate your response. Can you tell me what the risks are of getting married now and adjusting staus without him going back?

[amykathleen2005 441]

I knew there would be a comment of this nature. Your comment is not helpful. I agree that getting pregnant is not what was best in this situation and they are both aware of that as well. The fact is that the situation exists now. And I don't know about you but I personally believe that what God wills will be and it doesn't matter if she had been cut tied and burned, she would get pregnant. Now as far as her circumstances go, extreme hardship would be the case and unless you have all the facts I do not think that is your decision to make.

I do however appreciate your intial answer thank you for your time.

Again, it is not extreme hardship, there are many many people who go through the process every year with a pregnant significant other. Regular pregnancy does not make them special.

[LeftCoastLady 441]

I appreciate your response. Can you tell me what the risks are of getting married now and adjusting staus without him going back?

Just what I mentioned...that there's the risk that when they go to adjust status, the officer reviewing the case may believe they intentionally got pregnant as a means of staying in the country. While they may get approved with no issues, it's better to know the possible risks involved.

[amykathleen2005 441]

Just what I mentioned...that there's the risk that when they go to adjust status, the officer reviewing the case may believe they intentionally got pregnant as a means of staying in the country. While they may get approved with no issues, it's better to know the possible risks involved.

Plus if they entered on VWP there is no appeal, it is straight denial.

Edited November 22, 2012 by amykathleen2005

[reese1 68]

Also take into consideration that if he stays, they get married and file for the AOS he can not leave for at least 2-3 months. So unless he came to the US with that in mind does he not have affairs back in his country to get in order, that would require him to leave sooner than 2-3 months? If not, then doesn't hurt to try.

[Harpa Timsah 13,258]

Just what I mentioned...that there's the risk that when they go to adjust status, the officer reviewing the case may believe they intentionally got pregnant as a means of staying in the country. While they may get approved with no issues, it's better to know the possible risks involved.

This is not true - no accusation of this type exists.

The person entered the country for a visit and now the circumstances changed. He is free to avail himself of AOS.

OP - there is probably little to no risk of applying for adjustment of status now, but you haven't given all the facts of the case. We don't know if the beneficiary has a criminal history or was not actually eligible to use the VWP or anything like that. One risk no matter what is that if they are denied, there is no appeal.

The USC needs to be eligible for the Affidavit of Support, or have a co-sponsor that makes enough.

Edited November 22, 2012 by Harpa Timsah