Adjustment of status while pregnant

[angelic4444 3]

Hey all, just an update. 

Got married on Monday, and it was absolutely wonderful, and have reached out to a lawyer who booked a consultation for next Tuesday. However a red flag I wasn't aware of until my husband told me after he had sent payment was that they said overstaying generally won't affect anything and that my case wouldn't be considered urgent. 

 

My esta expires on 7/28, so very very soon. I do however suspect that we will need a lawyer as my husband was arrested and went through criminal Court proceedings as a minor, and I have previously been detained (not criminally just for my own safety) in the US after being a victim of suspected trafficking, also as a minor. I was under the impression that any record as a minor wouldn't be relevant but I've seen differing information. Just due to this my husband isn't comfortable filling on our own. 

 

My husband is extremely opposed to filing on our own and wants to wait for the lawyer, but I just don't know if the risk is worth it at all and I'm so stressed over the whole thing. I am 8 months pregnant so I know that I couldn't be deported, but I really don't like the idea of risking any kind of trouble with ICE and endangering my potential to adjust status. 

Any advice would be greatly appreciated, thank you all. 

 

 

Edited July 17 by angelic4444
Double post

[OldUser 6,990]

20 hours ago, angelic4444 said:

I am 8 months pregnant so I know that I couldn't be deported

I don't believe pregnancy gives you any immunity from this. Also, usually it takes months before somebody is actually ordered removed, so you'd already given birth by that time.

 

I'm sorry you're going through this. I can see your husband's point filing with a lawyer but the timing is tight... When you go on that call make sure to raise your concerns with lawyer. I'd want to get reassurance from them they'd jump on your case immediately. Meanwhile, did you get all evidence collected for AOS? Maybe you can scan it, organize it before meeting lawyer. You can also draft responses on forms and go with a lawyer through answers.

 

 

[angelic4444 3]

On 7/18/2024 at 10:21 AM, OldUser said:

I don't believe pregnancy gives you any immunity from this. Also, usually it takes months before somebody is actually ordered removed, so you'd already given birth by that time.

 

I'm sorry you're going through this. I can see your husband's point filing with a lawyer but the timing is tight... When you go on that call make sure to raise your concerns with lawyer. I'd want to get reassurance from them they'd jump on your case immediately. Meanwhile, did you get all evidence collected for AOS? Maybe you can scan it, organize it before meeting lawyer. You can also draft responses on forms and go with a lawyer through answers.

 

 

Thank you so much for the response! We will try to draft everything up prior to the consultation with the lawyer so that we can get through everything as quickly as possible. My main concern is that we are both very young and don't have any proof of co-mingling of finances at this point in time (I don't work or anything so am unable to jointly pay rent or car payments etc), as well as my husband's juvenile charges.

It's a tricky situation, but at this point in time I likely wouldn't even be allowed to go on a plane back to new zealand, so AOS seems to be the best way to proceed. Just hoping the lawyer can give us some guidance and we will have everything submitted long before I have any issues.

 

[OldUser 6,990]

48 minutes ago, angelic4444 said:

 

It's a tricky situation, but at this point in time I likely wouldn't even be allowed to go on a plane back to new zealand, so AOS seems to be the best way to proceed.

If you hold New Zealand passport, US cannot stop you from leaving the US and going to New Zealand.

 

Whether you can reenter the US is actually the question.

 

Make sure to apply for I-765 and I-131. These forms will allow you to get employed during AOS and travel outside the US in case of emergency.

[Lil bear 4,261]

10 minutes ago, OldUser said:

If you hold New Zealand passport, US cannot stop you from leaving the US and going to New Zealand.

 

It may be the late stage of pregnancy which would prohibit travel 

[angelic4444 3]

31 minutes ago, Lil bear said:

It may be the late stage of pregnancy which would prohibit travel 

Yes this is what I was meaning, apologies for any confusion. At this stage even if I willingly booked a ticket and attempted to return back to NZ I would almost definitely be denied boarding due to how close I am to my due date.

With that in consideration I have no idea what detainment or deportation would look like at this stage.

I think the plan is to file and then just stay home and be extremely careful with driving or travel all until we have the I-485 receipt in hand (I'll almost definitely be out of status by then unfortunately) and I'm in a period of authorized stay. Law enforcement in my area are extremely strict and I just can't handle the idea of risking bumping into police, it has already happened once this visit for a traffic violation (I was a passenger).

[powerpuff 6,744]

8 minutes ago, angelic4444 said:

think the plan is to file and then just stay home and be extremely careful with driving or travel all until we have the I-485 receipt in hand (I'll almost definitely be out of status by then unfortunately) and I'm in a period of authorized stay. Law enforcement in my area are extremely strict and I just can't handle the idea of risking bumping into police, it has already happened once this visit for a traffic violation (I was a passenger).

That is a good plan. This has happened to someone who posted the experience back in 2019 (the member was a passenger when the car was pulled over) and also happened recently a few weeks ago 

[angelic4444 3]

6 minutes ago, powerpuff said:

That is a good plan. This has happened to someone who posted the experience back in 2019 (the member was a passenger when the car was pulled over) and also happened recently a few weeks ago 

Yep I've been through both of those threads and it's definitely my biggest fear at this stage. I'll be limiting car trips to just doctor appointments . My husband thinks it is over the top but I'd always rather be safe then sorry.

[Dashinka 24,641]

2 hours ago, angelic4444 said:

Thank you so much for the response! We will try to draft everything up prior to the consultation with the lawyer so that we can get through everything as quickly as possible. My main concern is that we are both very young and don't have any proof of co-mingling of finances at this point in time (I don't work or anything so am unable to jointly pay rent or car payments etc), as well as my husband's juvenile charges.

It's a tricky situation, but at this point in time I likely wouldn't even be allowed to go on a plane back to new zealand, so AOS seems to be the best way to proceed. Just hoping the lawyer can give us some guidance and we will have everything submitted long before I have any issues.

 

Don't worry too much about the comingling of your marriage at this point.  After you file the package, it will take some time before the interview comes up, so take that time from filing to the interview to comingle your marriage, and you can bring that evidence to the interview.

 

Good Luck!

29 minutes ago, angelic4444 said:

Yep I've been through both of those threads and it's definitely my biggest fear at this stage. I'll be limiting car trips to just doctor appointments . My husband thinks it is over the top but I'd always rather be safe then sorry.

You will be fine once you get the AOS acceptance NOA after filing.

 

Good Luck!

[angelic4444 3]

Update:

My husband went through with hiring a lawyer, she has said that she is unable to file the AOS package until my baby is born, simply due to the fact that we will not have enough evidence of a bona fide marriage without our child's birth certificate. So I am essentially forced to overstay for possibly over a month until I give birth. The lawyer also wants me to get off Medicaid ASAP, however I was intending to stay on it until I give birth and then un-enroll. Will this be a public charge issue?

 

I am absolutely terrified of encountering law enforcement somehow and have no idea what to do, my anxiety over this situation is so high. Unfortunately I can't just stay in the house for the entire next month due to weekly doctors appointments, needing to get food etc. I am heavily pregnant and have no idea what detainment or deportation would be like at this stage. Even if I willingly booked a ticket to return home I would not be allowed to board the plane because of how close I am to giving birth, and I can't imagine having to stay in a detention center without my husband until I had given birth and been cleared to fly, that could be months ://

 

Is the best suggestion just to continue to follow what the lawyer says at this point? My husband isn't taking my fears of deportation seriously, but I seriously think just staying inside until the AOS is filed is the best idea right now. Any advice would be appreciated.

 

 

 

[lkerky 25]

File the AOS now, do not wait. Having a baby does not give evidence of a bona fide marriage. Lots of people have babies.

 

 

[OldUser 6,990]

8 hours ago, lkerky said:

File the AOS now, do not wait. 

Agree with this.

 

8 hours ago, lkerky said:

Having a baby does not give evidence of a bona fide marriage. Lots of people have babies.

 

 

Do not agree with this. Yes, having a baby on its own may not cut for evidence of bonafide marriage. It's only one piece of evidence. USCIS may also be interested in learning how finances are comingled and what is couple's living arrangement. But to fully disregard it?

Following similar logic:

- Married couples file taxes jointly because they get better tax return in most cases

- Married couples put each other on car insurance / health policy because it's cheaper than paying two full policies

- Married couples live together and put both names on lease / mortgage because they split costs VS paying for two places

- Married couples pay bills together because it's cheaper

- Married couples travel together because at least lodging is cheaper for 2 compared to a single person getting a hotel room.

 

I could go on with this list... I don't agree with this logic. If babies were insignificant, birth certificates would not be part of recommended evidence, officers would never ask about kids / plans of having kids. From VJ reports it's evident that children are one of the signs of bonafide marriage. Not an ultimate evidence that overshadows everything, but can play a positive role in approving the case.

 

Saying all that, @angelic4444 is paying lawyer. I can assume the lawyer knows the case better than we do. Unless the lawyer is inexperienced, they may have reasons to wait for AOS filing we don't know about. I would file and add more evidence down the line, but that's me.