Pregnancy during AOS

[violetandrichard 1]

Hi, I am hoping this is the right forum.

My husband and I flied for AOS in November. His income is about $24000 - enough to support the 2 of us, according to USCIS (in reality we are living with his parents to save money, as we are hoping to send him to grad school in August, so his income potential is increased). The problem is that recently I found out I was pregnant - a little earlier than I had planned - we were hoping to wait until he was in school and I had my EAD so could work to support us (I'm a teacher by trade). It is a wanted baby though, and we are definitely happy to be welcoming it into our family. DH's work offers good health insurance, so that isn't an issue.

My question is at what point does the new baby count in our household size. DH earns $1000 less than the poverty line for a household/family of 3. If need be, my in-laws are able to cosponsor (no problems, they are quite advanced in their careers by now). Do we need to refile paperwork to reflect that we now have a family of 3 once baby comes? Now I am pregnant? Not at all?

Thanks!

[Merrytooth 5,748]

You are still family of 2 until your baby is born. I hope your AOS will be adjudicated way before that.

[Caryh 5,206]

As Merrytooth said, the baby doesn't count until after its born. I hope you've filed as the AOS can take a long time. The poverty guidelines will also be going up to, so I'm glad you have family to help just in case. The EAD is quick though, so maybe you can at least add some part time work to the mix, just in case its needed. No need to amend because the baby is coming. And it won't become an issue unless its born before the interview, and most AOS from K-1's don't have an interview.