angelic4444

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.

Thank you I really appreciate it, I'll do my best to format everything in the most easily understandable way possible. I'm assuming it will probably all be brought up when I am interviewed eventually and I will be able to explain things more clearly. Just afraid to answer yes and receive a denial because I didn't explain things properly.

Thank you! Should I do a separate box for both incidents or include them both in the same one?

Hello all! I am currently in the process of filing my i-485 and am just wondering what to include as far as part 8 question 25 goes. I have previously been detained during a traffic stop here in the US, I was a passenger and was cuffed and questioned, then let go. As a minor I did have a more complex situation, where I did not commit any crime but was detained by the FBI for my own safety due to suspicions of human trafficking. I have never been arrested or jailed or convicted of any kind of crime. Should I include these two past detainments? Or should I only include the traffic stop because the other detainment happened when I was a minor? Or do I not include the traffic stop because of how common that type of interaction with law enforcement is? I have a lawyer consult tomorrow and will absolutely ask, but would love to hear from someone who has been in any kind of similar situation.

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.

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).

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.

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.

Thank you this is very reassuring! My screening at POE was extremely straightforward and simple, barely 5 minutes and I just stated my intent as visiting family and my boyfriend, the officer didn't even mention me being pregnant or ask any additional questions. I would just hate to have issues come up due to my pregnancy, but I can absolutely see how it may be a red flag.

Thank you! My NZ passport is my only form of identification and is what I will be using when needing to present ID for any forms etc however it is in my maiden name. I'm assuming there will be no issues in submitting everything under my married name despite this?

Thank you I really appreciate it ☺ He is a citizen, and I will have been here legally my entire stay prior to adjusting, so I'm really hoping things go smoothly.

Thank you! My 90 days will be up in about 3 weeks, so we will be consulting an attorney to hopefully expedite the process a little just due to the time constraints. From reading a few other threads I understand that the supposed 90 day rule isn't relevant in AOS cases and will just endanger my legal status. Another question if there's any chance you have knowledge on this I am getting married in Virginia where there is no specific form or anything to legally change your last name after marriage, you just take your marriage liscence to each government establishment and get new ID. My only form of ID is my passport. When I file for the AOS would it be viewed as fraudulent if I used my married name despite having no ID under that name yet? Or best to stick with my maiden name until later in the process. Thank you!

Hey all! This may be a long post so please bare with me. I met my fiance last year online, and we met in person a few months later, I ended up becoming pregnant during our first meeting in December of 2023. He returned back to the USA, and then visited again in April of 2024, then we returned to the USA together. I am currently on an ESTA. During my somewhat frantic searching after coming to the USA for anything we could do to extend my visa and avoid being separated I discovered adjustment of status. Please know that when I entered the USA I had absolutely 0 intent to stay, I simply wanted to meet his family and spend as long as possible together before returning home so he could resume work for as long as possible before the baby comes. We had planned on him coming to new Zealand, but he would have been in violation of his contract with his job and completely unable to work while in NZ. It just would have made life ultimately too difficult so I decided to stay here, get married and attempt to adjust status. I'm aware this probably wasn't the best way to go about things, but at this stage I can't imagine returning to NZ and attempting to file for a different visa, all while having a newborn and my fiance still being in the USA. It just seems like a nightmare situation. I am also too far in my pregnancy to be allowed on a flight back to NZ, but seriously don't want to overstay my visa. AOS just seems like the most logical way. We are getting married in the next couple of days, and do intend on consulting with a lawyer as soon as possible. I'm just wondering if there is any possibility I will be met with scrutiny by officials for entering the country while pregnant, could it be percieved as me having intent to violate my esta?