Very confused/worried!

[CheltenhamDallas 1]

We're in a bit of a pickle and would really appreciate some advice. Sorry if I've posted in the wrong place.

I am a UK Citizen currently in the US on the Visa Waiver Program. I was due to be here for 16 days but ended up changing my flight and will be leaving a couple of days before the 90 days is up (August 4th).

My boyfriend and I met online through mutual friends a little over a year ago. I flew to see him initially in January and stayed for 2 weeks. I returned in May.

We intended to marry etc, probably sometime next year, and go through the CR-1 (I think that's what it's called) process for me to move here with him. I am supposed to be returning to university (I'm a mature student - 26) in September.

I have just found out today that I am pregnant. I can't be more than 4 weeks, and it was an absolute accident - I am on the pill so it's a real surprise and we are panicking to say the least. We now don't really know what to do. I don't like the idea of going through my first pregnancy on my own in England and he doesn't like the idea of not being there for me either. I don't see how I could have the baby here, as I don't believe I can get insurance here as a visitor and obviously overstaying would be a huge problem.

Has anyone been in a similar situation? It's all very early days and I guess we're just looking for a little bit of reassurance that things can work out OK!

Many thanks for taking the time to read, any help would be very much appreciated.

[kzielu 1,153]

Just from purely financial standpoint pregnancy / delivery will be much cheaper back in UK. If you're ready for it, you can stay, get married and adjust status. These are really your choices (assuming you're keeping the baby).

[Boiler 46,198]

You do not say what you want to do, can not say I have got pregnant, wrong gender.

[CheltenhamDallas 1]

Well, having the baby is a certainty unless something happens that's beyond our control. We don't really know what we want to do that's allowed. In an ideal world I'd be able to stay just as we are and then have the baby etc but that's not allowed so we're going to have to choose between what is available to us I guess.

[Boiler 46,198]

?????????

[CheltenhamDallas 1]

Sorry, what do you need to know?

[Boiler 46,198]

Just from purely financial standpoint pregnancy / delivery will be much cheaper back in UK. If you're ready for it, you can stay, get married and adjust status. These are really your choices (assuming you're keeping the baby).

You ignored the above?

[christeen 966]

Are you in the USA or UK at the moment? If in the USA, you can marry, stay and adjust status... If in the UK, you can file for K1 fiancé visa (6-9 months) or CR1 if you marry (11-15 months) neigher of which fit your timeframe to deliver in the USA. You cannot come as a tourist to deliver your baby, the financial burden would be HUGE as you will be insured ($9,000 - $30,000+ ) ... If you return on the student visa in September you would have to have insurance to attend school, you would be 5 months pregnant and be in the USA... Or you can visit using the VWP for 90 days, then the father go to UK late term and through delivery in the UK...

[CheltenhamDallas 1]

I didn't see that reply on my mobile, Boiler. Apologies, and thanks for the info, kzielu.

If we were to do the AOS, would I be able to go on his insurance do you think? I realise policies differ. I am currently in the USA, university is back in England.

Thanks for the help so far.

[christeen 966]

If you are n the USA then yes, you can marry ASAP, file for CR1 and AOS (adjustment of status) and remain in the USA. Once married, you can be added to,his insurance. But you will not be able to leave or work until AP/EAD is granted, about 90 days from application.

[kehills 217]

Well, obviously the big question, since keeping the pregnancy is already answered, is whether or not you intend to abandon your schooling in the UK. If you intend to return to school in September, it seems like that answers a lot of other questions for you.

[CheltenhamDallas 1]

Thank you! Well, I want to finish school at some stage but I'm happy to put that off for a couple of years and transfer over here in the future or something. Our main priority is that we want to be together for the birth etc. I've checked the poverty guidelines and his income is more than fine for a family of 2 or 3. If we go that route, do we file as us 2 pre-birth or do we include the baby?

Just to clarify, I thought cr1 was only if we married and then filed with me back in england. Have I misunderstood?

Thanks ever so much for the help!

[christeen 966]

You need to marry... Asap... File adjustment of status AOS ...(I130 and 485) No in-country fiancé visa... Baby is not counted until it is born... Good luck

[agnesuna 6]

You can get married and because you did not come to the country intending to get married and stay here then you're not breaking any rules, things come up and there's a big difference between something happening unexpectedly, like getting pregnant and wanting to be married and together when baby is born, or planning to cheat the system and pretending to visit when really you plan to stay.
Apply for AOS as soon as you can after you get married so you get your green card and won't be out of status for too long. I am currently in the AOS process but I already have insurance through my husband and they didn't even ask me about my immigration status, just needed proof that we were married, I'm sure policies differ greatly but you will figure it all out. Also, congratulations on the pregnancy!!

[Marco&Bettina 502]

OP, even though circumstances are not currently ideal, congratulations!