I have a visa F1, I am pregnant and engaged. I want to start adjusting my status, but have some questions.

[LiveStrange 0]

First of all, I am from Spain. I am still in high school, but I am 18 years old (I am a senior). I have been in USA 4 years, but I have had my most recent F-1 visa for 2 years now. In the passport it says that the expiration date is 30MAY2008, but since I kept studying and haven't left the country, I know I am still legal.

I met a guy here some time ago, I got pregnant and we got engaged. My baby is due May 30, and we plan on marrying early in April. After that I will start the process of adjusting my status to get my green card.

I just have some questions....

1) Will my period of grace stay begin the day of my graduation (May 10), or May 30 of 2009 (initial expiration date)?

2) Should I apply for a visa extension? I don't want to become illegal while trying to file for my Status Adjustment

3) I already have a SSN because I requested it to be able to get a driving license and open a bank account for my savings, but I want to apply for a renewal of it because I plan on changing my last name to my fiancee's. Should I wait until I get my permission to work, or should I try renewing the card and still have the status of "not able to work"?

4) Do you guys think that it is better to start filing right after the wedding, or should I wait until the baby is born?

5) Also, if I start filing now, should I include my unborn child in the section "children that you have" in the form I-485?

I am so confused, because everything is coming together at the same time, and I don't know if they will tell me to leave the country when I am 9 months pregnant! Isn't there a visa or something specially for that? I mean, I know I can't get on a plane past 8 months, so would I get in trouble for overstaying if I say I was having my baby? Thanks a lot!

Please include any tip of information you might thing useful to me, there might be something I have no idea about!

Edited February 28, 2009 by LiveStrange

[Kez/JWolf 6]

Here is a link to the guides, They explain what you need to do to adjust your status. You should file for AOS as soon as you can after getting married.

As soon as you file your status changes to Adjustment Pending and you can remain in the US until the AOS has been approved.

Have a good read of the guide and read all the forms you will need to submit together. You can always ask any question here if you are unsure about something.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Good Luck

[LiveStrange 0]

Here is a link to the guides, They explain what you need to do to adjust your status. You should file for AOS as soon as you can after getting married.

As soon as you file your status changes to Adjustment Pending and you can remain in the US until the AOS has been approved.

Have a good read of the guide and read all the forms you will need to submit together. You can always ask any question here if you are unsure about something.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Good Luck

Hi! Thanks for the reply, I already had that page bookmarked

But I am still confused about questions

3) I already have a SSN because I requested it to be able to get a driving license and open a bank account for my savings, but I want to apply for a renewal of it because I plan on changing my last name to my fiancee's. Should I wait until I get my permission to work, or should I try renewing the card and still have the status of "not able to work"?

5) Also, if I start filing now, should I include my unborn child in the section "children that you have" in the form I-485?

6) Should I write the original expiration date on the forms, or should I change the years to "2009", since that's when I think my visa really expires? I am just scared that they might think I've been here one year illegally. This question sends me to...

7) Should I include my I-20 and proof of tuition payment in my application, so they know I have been studying here the time that my F-1 visa was "expired", so they don't think I was illegal?

[Kez/JWolf 6]

Here is a link to the guides, They explain what you need to do to adjust your status. You should file for AOS as soon as you can after getting married.

As soon as you file your status changes to Adjustment Pending and you can remain in the US until the AOS has been approved.

Have a good read of the guide and read all the forms you will need to submit together. You can always ask any question here if you are unsure about something.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Good Luck

Hi! Thanks for the reply, I already had that page bookmarked

But I am still confused about questions

3) I already have a SSN because I requested it to be able to get a driving license and open a bank account for my savings, but I want to apply for a renewal of it because I plan on changing my last name to my fiancee's. Should I wait until I get my permission to work, or should I try renewing the card and still have the status of "not able to work"? Once you are maried and have EAD you can get the card change, the number stays the same.

5) Also, if I start filing now, should I include my unborn child in the section "children that you have" in the form I-485? No the baby has no name or date of birth yet.

6) Should I write the original expiration date on the forms, or should I change the years to "2009", since that's when I think my visa really expires? I am just scared that they might think I've been here one year illegally. This question sends me to... you must put the date that is on the visa not the date YOU think it might expire.

7) Should I include my I-20 and proof of tuition payment in my application, so they know I have been studying here the time that my F-1 visa was "expired", so they don't think I was illegal? once you are the spouse of a USC it does not mater what you did after your F-1 expired as long as you legally entered the US, any overstay is forgiven at the AOS interview. but DO NOT LEAVE THE US UNTIL YOU HAVE THE GREENCARD IN YOUR HAND.

[Lili 3]

Hi! Thanks for the reply, I already had that page bookmarked

But I am still confused about questions

3) I already have a SSN because I requested it to be able to get a driving license and open a bank account for my savings, but I want to apply for a renewal of it because I plan on changing my last name to my fiancee's. Should I wait until I get my permission to work, or should I try renewing the card and still have the status of "not able to work"?

5) Also, if I start filing now, should I include my unborn child in the section "children that you have" in the form I-485?

6) Should I write the original expiration date on the forms, or should I change the years to "2009", since that's when I think my visa really expires? I am just scared that they might think I've been here one year illegally. This question sends me to...

7) Should I include my I-20 and proof of tuition payment in my application, so they know I have been studying here the time that my F-1 visa was "expired", so they don't think I was illegal?

In order to change your SSN name, you will need to wait until you receive the EAD or Green Card from USCIS.

I don't know about the baby part but you can certainly add a letter with scans of your unborn child if you'd like.

As an F1, you do not have an "expiration date" as long as you stay in status. You should put D/S: duration of status.

I think you are confused between your entry visa and your F-1 visa...Your entry visa in your passport is expired as of May 30, 2008. This visa allows you to enter the US, once you enter the US, it has no bearing unless you wish to leave and reenter. However, by going to school and passing your classes, you are in status. USCIS is informed very quickly through SEVIS, if someone falls out of status. They know you are registered for classes...

Regarding the I-20, I didn't include it but at the interview, the lady wanted a copy. So make a copy of your most recent one and include it, it won't hurt.

Congrats on the baby! It is a boy or a girl?

[LiveStrange 0]

I'm having a baby girl

Thanks so much for all in the information!

I think I am going to send a note or something that my OB can write saying that me and my husband are the parents of the unborn child, and I think that will also serve as proof that the marriage is bonafide (thanks for the idea).

Now, something else that is confusing: My sister married sometime ago and she can't remember the process that she followed sending the papers, but she says she got her work permit before she sent her I-485. I thought you had to be pending for approval of that document before you could actually get the work permit?

[Lili 3]

I'm having a baby girl

Thanks so much for all in the information!

I think I am going to send a note or something that my OB can write saying that me and my husband are the parents of the unborn child, and I think that will also serve as proof that the marriage is bonafide (thanks for the idea).

Now, something else that is confusing: My sister married sometime ago and she can't remember the process that she followed sending the papers, but she says she got her work permit before she sent her I-485. I thought you had to be pending for approval of that document before you could actually get the work permit?

In order to submit a work permit form (I-765), you need to send I-130 and I-485 simultaneously. Did your sister adjust from an F-1 status or something else?

Just send all the forms together and it should take about 3 months to get your EAD.

[LiveStrange 0]

I'm having a baby girl

Thanks so much for all in the information!

I think I am going to send a note or something that my OB can write saying that me and my husband are the parents of the unborn child, and I think that will also serve as proof that the marriage is bonafide (thanks for the idea).

Now, something else that is confusing: My sister married sometime ago and she can't remember the process that she followed sending the papers, but she says she got her work permit before she sent her I-485. I thought you had to be pending for approval of that document before you could actually get the work permit?

In order to submit a work permit form (I-765), you need to send I-130 and I-485 simultaneously. Did your sister adjust from an F-1 status or something else?

Just send all the forms together and it should take about 3 months to get your EAD.

She had a visa F-1, yes... I think she just doesn't really remember what she did about anything, especially because she had a lawyer. I am planning on doing everything myself, because lawyers are so expensive! Thank you so much, I will send everything together

[Lili 3]

Lawyers are useful if your case is complicated but no one will care about your paperwork more than yourself.

Just make sure to leave your forms alone for a day before sending it in. Take a fresh look at it and then send it in. Proofread all forms.

[LiveStrange 0]

Lawyers are useful if your case is complicated but no one will care about your paperwork more than yourself.

Just make sure to leave your forms alone for a day before sending it in. Take a fresh look at it and then send it in. Proofread all forms.

Thanks so much for the advice and for being such a great help! Seriously, you are my hero...

Just one more question I just thought of: Do I have to / Should I wait any time after I get my marriage certificate to send my AOS Package?

[Lili 3]

lol, you are welcome...Just remember that I am not a lawyer and all my advices are based on personal experience, nothing else.

You can submit your package as soon as you have the marriage certificate.

[LiveStrange 0]

lol, you are welcome...Just remember that I am not a lawyer and all my advices are based on personal experience, nothing else.

You can submit your package as soon as you have the marriage certificate.

Jeez, sorry! I just keep thinking of new questions...

This is about the Affidavit of Support.

My fiancee makes $9/hr, and works 40+ hours a week, so I calculate his income like: 9x40x4x12 = $17280 Gross Income

The 2008 poverty guidelines say that for a household of 2 he needs to be making 17500.

So... 17500 - 17280 = 220 x 3 = $660 to make up in assets, and he does own a car that is worth some thousands.

Does this mean that we do not need a co-sponsor? If we are living with my sister, is she considered part of the household even though she pays for her own part of the house and is not related to him, nor a dependent?

I think I read somewhere that he might be supposed to own two cars, one that he puts as assets for the Affidavit of Support and one extra...

We have my car... which is really my sister's because it is at her name. Would my car count if what I think I read is true? If what I read is true then he wouldn't be able to make up the difference in assets...

[Lili 3]

I have no idea, sorry. You might want to try your question in the AOS forum.

[Old Dominion 26]

I have read elsewhere here that in 2009, the required annual income for a sponsor is $18,000. A car is certainly an asset, but it can't easily be converted into cash to be used for living expenses, so it is probably irrelevant to the government. A car owned by your sister is her property, not yours. In any event, given your husband's low income, a co-sponsor would be helpful and maybe even necessary.

[Anh map 2,098]

With a child on the way it may be safe to assume that the income guidelines for 3 will apply in the OP's case. That number is: $22,887.