mom-to-be new to site needs help

[matov6 0]

hello - i am new to this site and would appreciate any advice. I am newly pregnant, my boyfriend is here on a work visa. As of now, his visa ends on my due date. We would like to get married but from what I'm reading, even if we did so today, the IR1 process can take 10+ months. Would it be a different process since he is already here on visa? thanks and best wishes to everyone.

[NigeriaorBust 4,087]

Assuming his visa is dual intent ( many work visas are ) You can file the I130 with an I 485 and then you will adjust status in the US Read the guides here http://www.visajourney.com/content/i130guide2

[Hypnos 6,578]

Both H-1B and L visas are dual-intent.

[Krikit 1,165]

You will want to check out this forum, matov6. Welcome to VJ.

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

[pushbrk 13,135]

Both H-1B and L visas are dual-intent.

Yes, but dual-intent doesn't matter in this kind of case. Since he's already here, there is nothing whatsoever preventing him from marrying, and adjusting status based on that marriage. Even though "intent" (upon entry) is not actually an issue in a case of spouse of US Citizen, clearly, intent can change based on circumstances like a pregnancy.

Once married, follow this guide.

Edited April 29, 2014 by pushbrk

[aaron2020 11,651]

Pusbrk is correct.

He's already in the US. Dual intent is irrelevant. He can adjust as long as there is no impediment such as the J-1 2 years home residency requirement, etc.

[pushbrk 13,135]

Correct, it does matter what kind of "work visa", but only the J1 that specifically has the home stay requirement would be an impediment to adjusting. Then a spouse visa won't work either unless the home country will waive the home stay requirement.

[christeen 966]

File for,the spouse visa and Adjustment of Status ... He can stay with you in the USA and count leave until AP is issued or Green Card received...

[pushbrk 13,135]

File for,the spouse visa and Adjustment of Status ... He can stay with you in the USA and count leave until AP is issued or Green Card received...

There is no "visa" when adjusting status. She'll do a concurrent filing of I-485 and I-130 to adjust status. No spouse visa process involved.

Please, when people already have the answers they need, don't complicate the issue by adding misinformation.

[Ryan H 3,834]

***One post containing a personal attack removed along with post quoting. Posts minus the offending content returned below.***

Nobody mentioned that he should,not plan to leave the USA without GC or AP so I was adding information that was not previously added...(personal attack removed - VJ Moderation

You wrote, "File for,the spouse visa...." NO, she does not file for any visa and there will be no visa process. You did not add information. You added misinformation. Filing an I-130 for a spouse is not "filing for a spouse VISA". It's a petition for alien relative, that is used for many purposes other than a spouse visa.

Visas are use to "enter" countries. This foreigner is already in the USA.

[Hypnos 6,578]

Dual intent actually is relevant, as it means the OP's husband won't need Advance Parole in order to be able to travel internationally after filing their AoS application without abandoning it.

[pushbrk 13,135]

Fair point.

[aaron2020 11,651]

Dual intent actually is relevant, as it means the OP's husband won't need Advance Parole in order to be able to travel internationally after filing their AoS application without abandoning it.

How is this relevant to the OP? She didn't mention any trip. She just wanted to know if he could adjust, and the first response was about dual-intent with no one mentioning leaving the US until you brought it up.

Post 1: no mention of leaving the US. Wants to know if he can adjust.

Post 2. Dual intent and no mention of leaving the US.

Post 12 (yours): dual intent is relevant if he wants to leave before getting AP.

Nice CYA when it's pointed out that lack of dual intent is not an impediment to adjust.

Edited April 29, 2014 by aaron2020

[Hypnos 6,578]

Forewarned is forearmed. Scroll up and you will see at no point did I say he couldn't adjust.

Switch to decaf.

Edited April 29, 2014 by Hypnos

[pushbrk 13,135]

How is this relevant to the OP? She didn't mention any trip. She just wanted to know if he could adjust, and the first response was about dual-intent with no one mentioning leaving the US until you brought it up.

Post 1: no mention of leaving the US. Wants to know if he can adjust.

Post 2. Dual intent and no mention of leaving the US.

Post 12 (yours): dual intent is relevant if he wants to leave before getting AP.

Nice CYA when it's pointed out that lack of dual intent is not an impediment to adjust.

Since the OP hasn't been back to clarify which work visa the child's father has, we really don't know what all is relevant and what isn't. Since they are concerned about the expiration, it very well may be the J1, but still no idea whether there's a home stay requirement attached to it. We also don't know whether international travel is part of the man's job. There's far too much we don't know, to know what's relevant and certainly not enough to bicker about what's relevant.