Leaving before Adjustment of Status to have baby in the UK?

[grapenoodle 25]

Hi everyone, I was recommended this forum by a fellow Reddit user and so glad to have found it. I’m in a slightly sticky situation and was hoping for some more knowledgeable perspectives. I’ll break it into a timeline so it’s more digestible!

 

2018

20 August: enter on ESTA from UK to travel and explore the states

Early September: meet my now husband (a US citizen), fall crazy in love

19 October: elope

2 November: move in together

20 November: ESTA expires, plan to apply for adjustment of status

2019

Money is tight (as I don’t have work eligibility) so we put off filing as we want to do it properly 

12 March: find out I’m pregnant. First trimester has been a struggle. I have bipolar II and it triggered quite an intense depressive episode initially but I’m doing okay and we know we both want this baby!

 

Now: I’m almost 12 weeks and really needing the support of my family. My husband is a freelancer and does not have health insurance so this is another reason to head back to the UK. I have overstayed my ESTA around 150 days because the plan was always to adjust status. I have a tentative flight booked which will put me at 170 days so just inside of the 180-day 3 year ban. We would bring my husband out shortly after. 

 

Current plan: submit our beneficiary form this week (my parents have offered to go ahead and pay for this) so it at least shows we have made some attempt to adjust before I leave. Complete consular processing from the UK. I know it takes much longer but baby due date is in November and I won’t want to return until the new year. I am aware we should have filed sooner and no doubt the overstay will make things more difficult but this is where we are. I am expecting challenges and questions, just hoping I won’t end up locked out for years when we want to raise our child here. 

 

Has anyone experienced similar or have any more definitive ideas of what the repercussions may be of leaving?

 

Thank you so much in advance, really looking forward to being part of this community. 

Edited April 21, 2019 by grapenoodle

[Starkilla09 366]

Based on your circumstances and since you plan to have this child in the UK for financial reasons, your best bet is to leave the U.S. as soon as possible so you don’t clock 180 days of unlawful presence triggering a 3 year bar to re-entry.

That will complicate your whole immigration process requiring you to have an approved I-601A waiver before your immigrant visa can be issued overseas. Leave as soon as you can and have your husband file the I-130 ASAP to jump start the process. Your overstay won’t be an ineligibility in your immigrant visa provided it’s under 180 days.

This I’m assuming you have no other ineligibilities such as criminal records or drug offenses etc that will make you otherwise ineligible for an immigrant visa. One thing you must know is your ESTA privileges are gone with your overstay and you will need to wait in the UK until you get your immigrant visa which will take roughly 12 to 14 months.

Edited April 21, 2019 by Starkilla09

[grapenoodle 25]

6 minutes ago, Starkilla09 said:

Based on your circumstances and since you plan to have this child in the UK for financial reasons, your best bet is to leave the U.S. as soon as possible so you don’t clock 180 days of unlawful presence triggering a 3 year bar to re-entry.

That will complicate your whole immigration process requiring you to have an approved I-601A waiver before your immigrant visa can be issued overseas. Leave as soon as you can and have your husband file the I-130 ASAP to jump start the process. Your overstay won’t be an ineligibility in your immigrant visa provided it’s under 180 days.

This I’m assuming you have no other ineligibilities such as criminal records or drug offenses etc that will make you otherwise ineligible for an immigrant visa. One thing you must know is your ESTA privileges are gone with your overstay and you will need to wait in the UK until you get your immigrant visa which will take roughly 12 to 14 months.

This is what I had thought/hoped from my research! Thanks so much. 

[Starkilla09 366]

Just now, grapenoodle said:

This is what I had thought/hoped from my research! Thanks so much. 

You’re welcome good luck!