Legally in the US now on a B2 visa, married to USC for 1.5 yrs, now pregnant! :)

[Darnell 8,478]

I do appreciate feedback and understand these are US government policies that make this seem confusing.

Getting the GC was one of my options above. Another reason we had not started that process is because we were wanting to wait until at least the two year mark and it does become a little easier.

So do you suggest we file for AOS then apply for the K3 visa?

Forget K3 visa for now. In fact, forget any visa that requires an interview at an IV Unit at any US Embassy or Consulate. Just throw the idea away, forget it.

You can adjust status, instead.

We've a guide for this, at http://www.visajourney.com/content/i130guide2

DO NOT LEAVE USA until you have green card in hand.

Whilst things roll along, kick husband in @ss, have him start working, do a job, la.

Ultimately, if you want to abandon the green card, after returning to China, by not returning to USA within 6 months, that's ok too - the AOS you would have done, prior, just bought you the time needed to have the baby in the USA. To me, it makes perfect sense, since yer husband is USCitizen.

Good Luck ! Read More !

Edited May 12, 2013 by Darnell

[FANGFANG 0]

I don't mean to sound condescending, but you should consult with a lawyer or do some research on how this works before making any decisions. You don't seem to have a clear understanding as to how the US immigration system works as a whole.

US immigration law makes a distinction between visas and statuses. A visa is an entry document only--that can lead to a certain status. You have a B-2 visa, but are currently on B-2 status. In the US, you aren't "on a visa", but rather "on a status".

Non-immigrant visas (such as the B-2) have very strict requirements to gain entry. Some of which include strong ties back home, clear history of spending more time out of the country than inside the country in the immediately preceding time period, documentable job and income outside the US. Entering on the B-2 with *intentions* of living in the US or changing your status is illegal, even if you are legally entitled to it by marriage to a US citizen. This is why it is so dangerous for you to leave right now, and it would be a very good idea NOT to leave the US and instead file for Adjustment of Status, which will give you permanent residency status.

You will not need any sort of visa when you are given permanent residency status, and you will not have to leave the US. The issued green card is your visa (or, technically, your waiver of a visa). The K3 visa doesn't really exist anymore and is not issued.

Visas are not issued within the US because they are entry documents. They are only issued by consulates overseas. The AOS process allows you to option permanent residency status without leaving the US--and you will not need any visa to enter in the future (subject to a few rules). The AOS process allows you to stay in the US while you get your green card and takes a shorter amount of time than waiting for a CR/IR-1 visa overseas (which will lead to a green card anyway--the visa is invalidated upon entry and a green card is shipped to you).

The "two year mark" doesn't make it "easier", but it does allow you to avoid another step in the future (but it's rather trivial). Using this as a reason to not apply for AOS is not smart--and will make your marriage look even more suspicious if anything.

I'd start doing research and possibly consult with a lawyer on filing for adjustment of status as soon as you can.

Very much appreciated!

I know I have lots of research to do and its best to talk it over with a lawyer. This just all came up all the sudden so we had not even thought about any of this until now. I guess we just found out I'm pregnant and sort of 'freaked out' about what to do now. We want to be legal and do the right thing, now its time to just bury ourselves in research and sort that path out.

Again thanks for your feedback!!!

[Darnell 8,478]

FangFang, I don't know whether to think you are naughty or lazy, but

please restudy ?

http://www.visajourney.com/forums/topic/387291-legally-entered-on-b1-that-expires-soon-how-to-renew-inside-us/?view=findpost&p=5663978

[Boiler 45,541]

It has always been that way.

I can think of several reasons, but can not think of a solution.

Not doing very well today, watching the Football at the same time, anyway here is the correct post:

You are here as a visitor.

You want to stay longer than 6 months.

You are not certain how much longer.

You have no obvious valid basis to obtain an extension, Although I have seen weirder cases get a status extension.

Leaving and seeking re-entry seems a high risk strategy.

Please note there are few absolutes involved here.

So you can overstay, which immediately kills your B2 and means you are unlikely to get another one any time in the foreseeable future.

If you overstay more than 6 months you are also looking at a ban.

And are at risk of deportation.

Or you file and adjust status. You can always abandon that status if you move one.

Your call.

[LBeachey 45]

I agree getting the green card sounds like your best bet. What is your husband's status in China? Does he have a residence permit? When are you due?

If he has some form of legal residence in China he likely could fly back to China, apply for DCF (Direct Consular Filing). Your presence is not required until the interview. You could even still be in the US and fly over for the interview. This can usually be done in China in about 4 months. The one thing that would typically delay this is if you are a member of the Chinese Communist Party.

I don't know how this all aligns with your visa and pregnancy due dates but that is likely the fastest way for you to get a green card.

[reese1 68]

I would like to add the guidelines to receive medicaid have changed you must comply with the child support division of family services and since your husband is a USC. They will go after him for child support if you use public assistance which medicaid is. Just something else you may want to think about.

[Darnell 8,478]

FangFang !!!!! you-ah...

[FANGFANG 0]

FangFang !!!!! you-ah...

Thanks for all the help guys! I've got to step out and do some things today but then will be back and researching this all evening. Really do appreciate everything!!!

[Darnell 8,478]

FangFang ! Study Post #18 !! All you need, is there !

[happywife 4]

Yes but being born in China involves more paperwork to become a USC. Most importantly right now the environment is not good in China, so best to not be there to avoid the pollution.

I do have a return flight and intended on returning as planned, but now the situation changed. We didn't come here to have a baby, we came here to spend time with our family. Now this has came up and that is why I'm on this forum, to seek advice.

I can't legally work here on this visa. My husband could find a job here, that is not a concern. The reason we are no this forum is to see our options and do the right thing legally. I'm asking for advice on which route to take as mentioned in my first post.

If anyone has any advice it would be greatly appreciated. We know decisions need to made asap.

i guess you do not really konw how easy to get an US passport for an usc's child who born in china. it is very easy!

Edited May 12, 2013 by happywife

[hmh33 117]

When is the baby due? If you really don't intend to stay permanently and don't want the hassle + expense of adjusting status only to abandon it shortly thereafter, one option to get a few more months is to file the I-539 (or the electronic equivalent) to extend your nonimmigrant status. File it almost at the end of your I-94 validity period. It might be approved - but even if it isn't, you are considered to be in valid status while it is being processed. And it can take a few weeks/months to be processed. If it is denied, you do have to leave within a pretty short period of time to avoid accumulating unlawful presence.

[Boiler 45,541]

Fine, if you are not planning any future visits.

[Darnell 8,478]

FangFang, that's MINUS 500 points from you,

for asking the same question,

8 months later,

pregnant,

and in another country.

The answers are the same.

Nothing has changed.

[Boiler 45,541]

http://www.visajourney.com/forums/topic/387291-legally-entered-on-b1-that-expires-soon-how-to-renew-inside-us/

So after the plus 50 points, that is minus 450?

[Kastrs 723]

http://www.visajourney.com/forums/topic/387291-legally-entered-on-b1-that-expires-soon-how-to-renew-inside-us/

So after the plus 50 points, that is minus 450?

Yup! Although I think if everyone who has commented is aware of this and the previous post, that could drop to minus 1000!