Leaving the United States

[maschultz930 0]

I have no idea what to do in my situation right now but maybe somebody here does. My wife came here on the K1 and we married on December the 12th, 2015. We have both been fine and ready for our lives and started doing all the paperwork for the AOS. We have all the paperwork done and I haven't sent it in because of problems at home. My wife is pregnant after we both agreed we wanted a baby. Now that she is pregnant she just wants to go home back to Italy and leave the United States. She wants me to come with her and stay in Europe with her and our baby. After many arguments I am still undecided. I have told her that if she gives me a chance here to make her happy and show her that she can like it here, I will come to Italy if she is still unhappy here. This just happened after we found out she was pregnant. She is freaking out and wants her family. I may have convinced her to stay here with me for a year but I don't know if that will happen.

What I want to know is do I have to file the I-485 AOS with the $1000 to allow her to try for a year or can we just not file anything anymore and see what happens? If I do file can we both just cancel everything and leave the U.S.? Any help is appreciated.

[JDWright 30]

What you do is up to you. But if she does not want to stay in the US then save the 1000 let her go, you can go with her. If you two decided after that you want to return to the US then you can file for the spousal visa in Italy I believe. AoS will take some time and you can't just pick up and leave for extended periods as a permanent resident, so choose wisely.

[Penguin_ie 5,993]

If she wants to stay for a year, you need to file. Otherwise she will be here illegally, and may be arrested (thought that is unlikely), and that situation of being an overstayer will only add more stress. The other good thing about filing asap is that she can get EAD (work permit) and AP (travel permit), and maybe finding a job will see her more settled, or a short visit to her family in Italy will clear her mind.

You can pull the AOS if she/ you both decide to over to Italy, but won't get the money back. You can file a spousal visa anytime, if/when you are ready to return from italy to the USA.

[maschultz930 0]

So if we file for the AOS she can leave at any time after and just go home right? I mean she can just cancel the permanent resident and go back to Italy correct? Also what happens if the baby is born here in the U.S. and we both move to Italy after? Can she spend the pregnancy here as a permanent resident with my family and I and can we leave as a family to Italy after? Will the baby have Dual Citizenship as well or paperwork for Italy?

Edited February 4, 2016 by maschultz930

[Penguin_ie 5,993]

Yes that is correct, filing AOS does not mean she has to stay. But if she leaves before the greencard is granted, and does not attend the AOS inyterview, it will cancel the process and she won't be able to return without the spousal visa, which takes about a year to get. Whereas if she stays until she has the greencard, she can leave for 6 months without any major issues, perhaps longer with a re-entry permit.

The baby will be a US citizen whether it is born in the USA or abroad, as you are the father and can pass down citizenship. I am not sure if the baby will have Italian citizenship if born in the USA, but I think so- check with the Italian embassy.

Another concern may be the cost of the pregnancy and delivery; it may actually be significantly cheaper for her to have the baby in Italy....

Edited February 4, 2016 by Penguin_ie

[LORIEandPHIL 123]

There are a large number of people that do not file for AOS. straight after getting married. But they do so without any issues months, (or even years) later. She will be in limbo, not able to travel abroad, or work. But it does save you from having to pay the filing fee until such time as she decides what she wishes to do.

[dmck 80]

Go to Italy. Not many people get the opportunity to live outside the US for a while. Be open to the idea. You can always come back