Visited BF on Tourist Visa. Now Pregnant. Now What?

[Darnell 8,478]

link in post #11.

[Darnell 8,478]

fwiw, a CR-1 is less than a K-1, when comparing costs from start to 'green card in hand'.

Takes about the same amount of time, from filing to interview day (give/take a month)

so it might make more sense to get married next week, but you still return to the RoP per the I-94 date.

Edited August 9, 2013 by Darnell

[SennaBrigante 92]

Oh definitely. CR-1 is the cheapest option as of now but it's the one with the most paperwork but hey... I'd rather be chasing pavements than chasing $7,000

So just to make sure it's all clear in my head... if we get married now, I can go back to the Phils, have a baby there and if everything goes according to plan in terms of the CR-1, me and the baby can be back here by mid-2014...

[Darnell 8,478]

yup yup. the filing for the I-130 isn't that bad, really. It's all you have to file to start the process. The rest of it, the visa application is done months after filing the I-130.

After marriage, and before you leave the USA, I strongly suggest to get into an IRS office and have the supervisor there validate a copy of your passport bio page, used for filing the IRS form W-7, which is used to file income taxes, later. Won't have this opportunity for passport validation after you leave, so plan accordingly. Bring the W-7 form and go.

[CristiFur 15]

Since your Visa is still valid, you can legally marry your BF and adjust your status and stay here.

In the past 3 years, I've known two couples who were in the same situation as you are (minus the pregnancy). Before the GF tourist Visa expired they decided to get married and file AOS, they did not have to return to Phils. One of them got married 2 weeks before Visa expiration and they had no problem adjusting status.

[SennaBrigante 92]

You're my new bestfriend! Lol

I'll have to talk to the BF about all this. My main concern is really the cost of child birth, prenatal care, visa applications and everything! And if we could save over $5,000 that we can use for baby stuff then I'm all for it.

I just hope he'll be receptive of my POV.

[SennaBrigante 92]

Since your Visa is still valid, you can legally marry your BF and adjust your status and stay here.

In the past 3 years, I've known two couples who were in the same situation as you are (minus the pregnancy). Before the GF tourist Visa expired they decided to get married and file AOS, they did not have to return to Phils. One of them got married 2 weeks before Visa expiration and they had no problem adjusting status.

That's what my BF and his family wants to happen but upon checking, I discovered that even if we get married, I stay and get an AOS, pregnancy will still not be covered in his insurance until June '14... months after my due date!

While this is ideally the most convenient route, it's really not the most practical. And I don't think I'll be able to apply for Medicaid (nor do I want to) just for birthing. Instead of worrying about finances when the baby comes, I think I'd rather have a stress-free gestation and labor back in the Phils with my HMO and coverage lol.

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

What their suggesting u do is illegal because u would be over staying on ur visa. Im guessing ur on a tourist visa. And what ppl were able to get away with in immigration 30 yrs ago may not be able to get away with now. I know of many ppl who have done this in the past and were never found out and it worked. They just over stay until they can change status but immigration nowadays are more strict about ppl overstayingon their visas and if u decide to go through the route ur bf and his family is suggesting and immigration figures it out it will be harder or impossible for u to have a chance to get a visa again tourist or other types. Its big risk to do this. And I don't think u can change status on a tourist visa. Im not sure.

Check your facts again.

I believe that the OP did not have an intent to migrate when she entered.

[newacct 688]

You can get married and file for AOS. You did not have intent to apply for AOS during this trip when you entered. That's what matters.

Even if you overstay, you can get married and file for AOS. It doesn't affect the AOS. (Of course, overstay is not preferably because there's a small chance something happens and you may be deported.)

[Hypnos 6,576]

Before doing that, however, get familiar with the risks involved and the 30/60 day rule.

There is no such thing, the 30 / 60 / 90 day rule is a fallacy.

[Cathi 5,757]

What their suggesting u do is illegal because u would be over staying on ur visa. Im guessing ur on a tourist visa. And what ppl were able to get away with in immigration 30 yrs ago may not be able to get away with now. I know of many ppl who have done this in the past and were never found out and it worked. They just over stay until they can change status but immigration nowadays are more strict about ppl overstayingon their visas and if u decide to go through the route ur bf and his family is suggesting and immigration figures it out it will be harder or impossible for u to have a chance to get a visa again tourist or other types. Its big risk to do this. And I don't think u can change status on a tourist visa. Im not sure.

wrong

So just get married. And apply for aos but it already august and u have like three weeks left before u have to go back. So maybe there's not enough time to get approved for adjustment status. AND U CAN'T OVER STAY CUZ THEY WON'T APPROVE AOS FOR SOMEONE OVER STAYING.

wrong again. She didn;t have intent to get pregnant, marry and adjust status before entering on her tourist visa. It is perfectly legal for her to marry and adjust status seeing there was no intent involved beforehand

[Cathi 5,757]

That's what my BF and his family wants to happen but upon checking, I discovered that even if we get married, I stay and get an AOS, pregnancy will still not be covered in his insurance until June '14... months after my due date!

While this is ideally the most convenient route, it's really not the most practical. And I don't think I'll be able to apply for Medicaid (nor do I want to) just for birthing. Instead of worrying about finances when the baby comes, I think I'd rather have a stress-free gestation and labor back in the Phils with my HMO and coverage lol.

that is perfectly fine too. You can go home and have the baby, and while you're waiting he can petition for you with an 129-f for k-1 visa. Or you could marry before you leave to go home, and he can file an i-130 for cr1. The processing time is about the same timeline as the k-1, but the good part is it costs a lot less in the long run, and as soon as you enter the US you will get your green card and SS number immediately and you can work right away if need be as well. Congratulations on the baby, and best of luck with either way you choose!!!!

Edited August 10, 2013 by mimolicious

[Shenzhen 34]

Congrats on the pregnancy my wife's due next month

[Ryan H 3,812]

OP, if you have your baby in the Philippines, a Consular Report of Birth Abroad (CRBA) will need to be filed so the baby can be issued a US Passport. You can read more about that process here: http://manila.usembassy.gov/service/citizenship.html

[kdude1 3]

OP, are you saying you want to go back to the Phils for a year and file a CR1 just to save $5000? Have you considered that it might be difficult living there and taking care of your baby alone, without your husband? Or will he go to the Phils with you? Can't he save a little extra over the next 9 months for the birth costs, or even just use a credit card or something? I guess everyone's situation is different, but I would not choose to save the $5k when you could stay with your husband in the US and avoid all the trouble and months of separation.

Edited August 10, 2013 by kdude1