EmilyW

Since we are overcomplicating it, apply and good luck!

There is a calculator in the online application that will tell you if you are eligible or not. But it certainly seems that, for the first ~18 months of your GC, you were not really living in the US but, rather, visiting.

You can but you got some red flags in my opinion. You've known her for three weeks and she is pregnant? I don't mean to be rude but is the child yours? Cos that's quite a rapid timeline. Not impossible but very fast. Did you know her before you travelled to the US? How can you know, after just three weeks of dating, that marriage is the right decision?

Intent was decided at the border, so that's no longer an issue unless your mum lied at the border. Having said that, her taking care of your child is a problem. While we all get that family pitch in to help, from an immigration perspective, she has been working illegally, technically taking a job away from an American. My understanding is that this illegal work would be forgiven because you are a citizen, but she needs to know that she has been breaking the terms of her ESTA.

OP, you're discovering that the immigration path is never easy. What may have seemed like an easy and quick decision to adjust does have its consequences (she now has to stay in the country and can't leave for a while). Think about it this way: you've been able to keep your mum with you and she's been able to get time with her grandbaby. That's a win in my book. The trade off for that win is an extended wait time to travel. I'm sure you and here were aware of the tradeoff and figured it would be ok. Good luck - she'll be able to travel eventually AND you have her in the US. 🙂

Lawyer sounds dodgy. Since it's a very straightforward request, file it yourself and buy yourself something nice with that $700 you're saving. 🙂

12 is the age where judges will take into consideration the child's opinion and subsequently change visitation schedules. Obviously, leeway on either side of that age depending on the circumstances, but 12 seems to be common. I'm guessing OP and wife are waiting this out in Buffalo and, when the child turns 12, looking to change the schedule completely.

Your friend needs to log in with her own account. Until we know her legal status, any advice re the daughter is moot. Suffice to say, it won't be quick.

There is a calculator in the online application which will tell you if he meets the requirements.

@Crazy Cat can chime in with his comparison but, at least from what I have seen, the CR1 is almost ALWAYS the superior visa, when you compare it to the K1. OP, I get that you and the missus are frustrated. Fair call. Immigration is never an easy road. My own route - via the Diversity Lottery - took close to 3 years (and close to 7 year for naturalization). BUT, those who choose the CR1 do so recognizing that, in the long game of immigration life, they have the better outcome. You and your (now) missus picked the K1, which is fraught with issues, upon arrival and so forth. Stay the course. You picked the option that resulted in you being together quicker. Did you both think that quick = easy?

Intent was decided at the border when she entered, so long as she did not lie. You are good to file an adjustment. Her 'work' helping her sister will be forgiven. Any other family members who want a tourist visa going forwards? Well, that might be a different issue.

Definitely need a lawyer for this one. And if that doesn't work, you could always opt to move to the Philippines. It might be worth researching if the Philippines has a similar Act in place, that might prevent you from immigrating there.

Unfortunately, OP, on many India / Pakistan forums, there is a belief that you can 'reset' your visa by visiting every few months. This is a fallacy. And with the new incoming administration, I'd be making sure your parents fully understand that their Green Card is for LIVING In the US. Having a home, bank accounts, drivers licenses, jobs, filing taxes etc. Anything less and their status will be jeopardy.

Expect scrutiny on this. It's not an uncommon thing to see someone gain immigration benefit through a US citizen, divorce and then want to bring in another person from their country of origin. Very old trick. Is yours and your new partner's country of origin Canada? That might make it less suspicious, IMO, if you are both Canadian by birth (low fraud country, generally).

I'm sure someone will correct me if I am wrong, but you won't have insurance and will need to pay out of pocket for a US birth. That can add up quickly.

OP, I concur with the others that you have a number of red flags. The fact that you're using the term '3 months' is an indication that someone might have told you the (erroneous) 90 day rule as a way of getting around US immigration. It won't work.

OP, I would guide against her taking any advice from sources other than official government sources. If she is here now, and you're prepared for the costs of adjusting status (not cheap at all), and she is prepared not to work or travel overseas for an extended period, go right ahead, marry, and adjust.

I can't speak for others but mine was basically a page turn, after which the officer checked the spelling of my name to make sure it was accurate on the certificate. And then I cried because I am an emotional sap, and he handed me a tissue. 🙂

Nope, there is no place on the form to state that. You're all good.

Paging @Jeanne Adil. From what I understand, you're moving fast. Are there any other red flags, such as an age difference, different religious beliefs etc?

Here's the thing: both major parties use disinformation to prove their point. Such is American politics. I'd rather this robustness than the limp handshake of Europe and Australia, both continents I have lived in, and refuse to live in again. Places where there is an active pretense of civility that is not manifested in reality. As citizens and LPRs, it's our job to be alert and cogent to that disinformation, and to be rigorous adjudicators. Is more than half the country racist, misogynistic, bigoted, blah blah blah? No more than any other country, and I've lived in a few. Heck, Australia is more racist than the US, in my experience. And the UK, where I spent a year, isn't too fond of 'Pakis' like me, as I was informed on the regular back in the 90s / early 2000s when I lived there. I like Kamala. I don't mind Trump. The US is bigger than both. TLDR; again, no-one is coming after the LGBTQ+ community. You would have been more in danger when Obama came into office against same sex marriage.

If you're eligible, you're eligible. But this is a sage reminder to everyone to wait a couple of days before filing, if you are filing in that early window. It really doesn't make a difference, time-wise, and it can save you alot of stress.

Also, if the OP has no income, then bringing in a fiancée who can't earn an income until AOS is complete, is a stress / pressure I would not voluntarily choose, especially if there was another option. Love is great, but being broke won't pay the bills.

There are no policies. Trump was the FIRST president to come into the White House supporting gay marriage. He also has no issues with legal immigration. He said it clearly on Wednesday morning that legal immigration is supported. Lots to have issues with the man over. LOTS. These two issues are not amongst them.

Diversity Lottery.