Advice needed due to change of circumstances

[ljatw1 1]

Hi,

So I (UK citizen) visited my partner (US citizen) in June and was going to stay for a couple weeks as I was in between employment and thought it the perfect time. We then got engaged and decided to elope and get married at the start of August as neither of us cared for a big wedding. I then decided to stay in America for the whole 90 days as per my ESTA and had plans to go home and start consular processing at the end of August.

A few weeks after the wedding, I felt unwell and decided to take a pregnancy test which said we were 1-2 weeks pregnant. We then looked into our options and saw I could adjust status from The US because we were married.

We started the process of gathering documents etc and filed the i-130 pretty quickly and sent lots of evidence of our relationship with that. Whilst preparing to file the i-485, I had a chemical pregnancy and was no longer pregnant. We hadn't yet scheduled a doctors appointment regarding the pregnancy.

Our main concern now is that we've lost our main reason for me adjusting status and I'm now out of status. We've paid for and started the immigration process and after the loss, I don't want to be away from my husband.

I have been looking online for information and I came across this article which has terrified me - www.citizenpath.com/90-day-rule-adjusting-status because staying here, getting married or even engaged was not on the agenda when I got here in June but I don't have a lot of things to back that up such as current employment or car payments. I did pay my monthly rent on my apartment in the UK the day I got here as I was still renting at the time and im still paying monthly for my UK phone bill, UK credit card and have two active UK bank accounts.

I'm just looking for advice on what to do now. The article above has made me feel so much anxiety and upset on top of everything. I'm thinking about getting advice from an immigration attorney but is it too late considering we've already submit the i-130?

[Crazy Cat 42,547]

There is no 90 day rule for USCIS.  Just be aware of the restrictions when adjusting status.  You cannot exit and reenter without abandoning the adjustment for many months.  In addition, you cannot work without a valid EAD.  Follow this guide:

 

Step-by-Step Guide on Filing an I-130 for a Spouse Inside the US - US Immigration & Visa Guides - VisaJourney

Edited September 2, 2022 by Crazy Cat

[arken 4,197]

Just file for AOS package with all relevant forms and documents. The sooner the better. No need of any explanation on why you chose to stay required for filing. Your banking or rentals or employment from UK are irrelevant. 

Edited September 2, 2022 by arken

[Daphne . 1,951]

You are absolutely fine continuing your AOS, you don’t have to provide a reason for doing AOS. But please be aware that you cannot work or leave the US without authorization, and this wil take many months.. 

[Timona 4,208]

Haven't you posted this before? I read this chemical pregnancy somewhere last week. 

[nastra30 2,410]

Go ahead and continue your adjustment. Got nothing to with being pregnant or not being pregnant. 

Edited September 3, 2022 by nastra30

[ljatw1 1]

1 hour ago, Timona said:

Haven't you posted this before? I read this chemical pregnancy somewhere last week. 

No I just joined to make this post. 

[SteveInBostonI130 3,489]

If you entered in June, your 90 days are not yet up. Well, unless you entered before June 5, that is.

 

Regardless, if your spouse is a USC, then you can still adjust status.  

[Rocio0010 5,671]

Just so you know, even if you overstayed for 20 years, you’d still be forgiven because your husband is a USC

[AOSFairfax 111]

Sorry about your pregnancy loss, hope you're healing well. You are completely fine to continue with AOS. You don't need a "reason" to file for it. Just relax, gather all your docs, and submit as soon as possible. As others said, be mindful that doing AOS means you won't be able to work or travel until you receive your EAD / AP, which could take months. So make sure you all can financially cover that gap and someone back home can take care of any business you may have left behind. You don't need a lawyer to do AOS. Use the Guides on the top left corner of Visa Journey and you'll be fine. Good luck!