Needing advise if you only can give one

[BlueSky77 0]

Hello

I have been here visiting the US on a tourist visa, Staying with my Husband who is a PR and in process for his N400 to become USC we were married before I enter the us, and I had my B1/2 before we get married. My I-94 is about to expired I am pregnant an due in about 4 month, the whole things was not planed right I guess, however the following is what we are trying to do,

1- Give birth here since his Medical insurance is here and the we would like our baby to be US born,

2- stay with my husband legally.

We are not sure how can we get this done, Please advise.

[Little_My 464]

When is your husband's naturalization supposed to be finished?

[BlueSky77 0]

When is your husband's naturalization supposed to be finished?

His interview in 40 days, my I-94 will expire in 22 days

[Little_My 464]

My understanding is that an LPR can petition for a foreign spouse by filing the I-130 petition, and the visa category would be family preference 2A. However, I think this is supposed to be done with the foreign spouse abroad - not in the US..And, the waiting time is somewhere around 4 years I believe.

Once your husband becomes a citizen, he can file for the CR-1 - but, again, foreign spouse is supposed to be abroad.

I don't know if there are AOS possibilities from tourist visa to LPR, when the petitioner himself is not a citizen yet. I don't think that can be done.

If you do a search here on VJ, you can find similar threads from other people who have married an LPR and wanted to immigrate to the US.

[Inky 1,111]

There is a guide, in the guide section for filing for a Spouse inside the US. BUT - it is only for spouse of USC.

His interview may be in 40 days but when he passes, he has to wait for the Oath Ceremony. Hopefully they have one on the same day and he can do that.

Did you enter the US with your visitor visa with intent to immigrate?

[BlueSky77 0]

There is a guide, in the guide section for filing for a Spouse inside the US. BUT - it is only for spouse of USC.

His interview may be in 40 days but when he passes, he has to wait for the Oath Ceremony. Hopefully they have one on the same day and he can do that.

Did you enter the US with your visitor visa with intent to immigrate?

No I wanted to stay with him and conduct my board exam until he gets his USC and file CR1 for me, that was the plan we knew it would be hard to AOS from B1/2 so that was our intention, but I got pregnant things happened again I want to do everything in a legal way. thax

[Brother Hesekiel 2,236]

You can roll the dice, overstay, and once your husband has become a US citizen, file for AOS. Of course, stuff happens, so if you get into the fangs of the law for some weird reason, you are deportable. That said, an attorney would stall any deportation attempt until your hubby has become a USC. At that point, once you are eligible for AOS, you won't be deported anymore for overstay alone.

For obvious reasons, I can't suggest such a path.

[BlueSky77 0]

You can roll the dice, overstay, and once your husband has become a US citizen, file for AOS. Of course, stuff happens, so if you get into the fangs of the law for some weird reason, you are deportable. That said, an attorney would stall any deportation attempt until your hubby has become a USC. At that point, once you are eligible for AOS, you won't be deported anymore for overstay alone.

For obvious reasons, I can't suggest such a path.

I have been reading through this forum and I saw that you are one of the people who has good experience here and always know most of the stuff,and I was waiting on you to reply

Thanks for the reply, one question what do you mean by "an attorney would stall any deportation attempt" ?

And If I stay and they ask my husband in the interview about my status how do you see this going?

Thanks a lot

[rika60607 215]

Perhaps you could try to extend your I-94 and ask for another 5-6 months so that you could give birth in the US? If your request is granted, you will likely be able to stay legal until your husband can petition you.

I have been reading through this forum and I saw that you are one of the people who has good experience here and always know most of the stuff,and I was waiting on you to reply

Thanks for the reply, one question what do you mean by "an attorney would stall any deportation attempt" ?

And If I stay and they ask my husband in the interview about my status how do you see this going?

Thanks a lot

[Harsh_77 718]

No I wanted to stay with him and conduct my board exam until he gets his USC and file CR1 for me, that was the plan we knew it would be hard to AOS from B1/2 so that was our intention, but I got pregnant things happened again I want to do everything in a legal way. thax

In that case you had the intent to stay from the time you entered. As you were looking to file AOS once you entered the country on B1/B2.

Which is not a wise choice

Anyways you will be out of status for sometime while he takes the interview, Oath and then he files for your CR1.

Which might be forgiven once he is USC, but your intents could be questioned when your interview comes up and might have to go thru some questioning.

Some ppl dont have to, some do so there is no logic on that.

Perhaps you could try to extend your I-94 and ask for another 5-6 months so that you could give birth in the US? If your request is granted, you will likely be able to stay legal until your husband can petition you.

You can give a try on this path, lately looks like they are extending B1/B2 for ppl, earlier it was really difficult to get an extension on B1/B2.

This might work out.

[BlueSky77 0]

In that case you had the intent to stay from the time you entered. As you were looking to file AOS once you entered the country on B1/B2.

Which is not a wise choice

Anyways you will be out of status for sometime while he takes the interview, Oath and then he files for your CR1.

Which might be forgiven once he is USC, but your intents could be questioned when your interview comes up and might have to go thru some questioning.

Some ppl dont have to, some do so there is no logic on that.

You can give a try on this path, lately looks like they are extending B1/B2 for ppl, earlier it was really difficult to get an extension on B1/B2.

This might work out.

Thanks everyone for your replies

Edited March 28, 2011 by BlueSky77

[Brother Hesekiel 2,236]

Thanks for the reply, one question what do you mean by "an attorney would stall any deportation attempt" ?

If you get picked up for any reason, USCIS would file for your deportation and you'd be put in front of an immigration judge. These judges usually do not sign an deportation order for someone who is eligible to adjust status. This applies to a K-1 who got married and didn't file for AOS yet and it applies to someone who is the spouse of a US citizen and thus eligible to adjust.

If detained, your attorney would file paperwork to keep you in the US until your husband has become a USC.

[BlueSky77 0]

If you get picked up for any reason, USCIS would file for your deportation and you'd be put in front of an immigration judge. These judges usually do not sign an deportation order for someone who is eligible to adjust status. This applies to a K-1 who got married and didn't file for AOS yet and it applies to someone who is the spouse of a US citizen and thus eligible to adjust.

If detained, your attorney would file paperwork to keep you in the US until your husband has become a USC.

Thank you so much this is very detailed awesome

What do you think about my other question

If I stay and they ask my husband in the interview about my status how do you see this going?

Thanks again in advance

Edited March 28, 2011 by BlueSky77

[jkb11 26]

Hi,

I'm not sure if that would work, maybe more experienced VJ'ers could verify it? Anyway, the idea is, file for an EOS (I-539) while waiting for your husband's naturalization. As I understand, processing the I-539 by USCIS takes a reasonable amount of time and you are not being considered out of status while this application is being processed (anyone please, confirm this). As soon as your husband becomes a USC, take the AOS path (and withdraw the I-539? not sure if that would matter by then).

Best regards!

[Boiler 45,695]

People have adjusted who have been out of status for decades.

I am not sure why they would ask, it would be on the form, but if asked just tell the truth.