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PLEASE HELP ME? CONFUSED?

PLEASE HELP ME? CONFUSED?

Old Sep 6th 2013, 2:28 pm
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Default PLEASE HELP ME? CONFUSED?

Hi All,

I was wondering if someone could help me please?

Ive been visiting my fiancé in Suffolk, VA since the beginning of August (he is a US Citizen, I am a UK citizen.) We have been together for 4 years in October and our wedding is scheduled for May 2014.

My problem is... Last night I found out I am pregnant. My original plan was to marry in May, return to England finish my degree whilst waiting for the correct procedure to go ahead in terms of the visa etc.

But since then, my situation has completely changed.

Obviously I will be keeping the baby, as I have pcos and was told that the chances of becoming pregnant was slim.


To cut a long story short, I don't want to go back to England and go through the whole process of pregnancy on my own. This is my first, as well as his first, and I wanted to experience this together.

Please can someone tell me if there is anyway of us staying together during this process ? Any other type of Visa I can apply for?? He has just got released from the US army, and with no family at home, it would be really be nice if he could go through the experience with me??

Please help someone ??? Thank you in advance.
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Old Sep 6th 2013, 3:10 pm
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Default Re: PLEASE HELP ME? CONFUSED?

Congratulations on your pregnancy.

My first questions to you are: Does your fiance have good health insurance, and will he be able to get you onto it easily once you are married?

If he does not, I would strongly suggest to you that you go back to the UK for the pregnancy and birth. It is VERY expensive to do here without insurance. Perhaps your fiance could come over to the UK in a few months time and stay on a visitor's visa until the birth.

Your financial situations are going to factor strongly in this now - because no only are you going to have to consider the cost of birth in the US, but you will also need to consider the fact that after the birth you will be a household size of three when you apply for your visa and that will increase the income/savings assets you will be required to show.

Also consider your degree. How much time will it take to complete? Depending on the subject and level it may be advisable for you to complete it to improve your chances of employment in the US.
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Old Sep 6th 2013, 3:41 pm
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Default Re: PLEASE HELP ME? CONFUSED?

Originally Posted by avanutria
Congratulations on your pregnancy.

My first questions to you are: Does your fiance have good health insurance, and will he be able to get you onto it easily once you are married?

If he does not, I would strongly suggest to you that you go back to the UK for the pregnancy and birth. It is VERY expensive to do here without insurance. Perhaps your fiance could come over to the UK in a few months time and stay on a visitor's visa until the birth.

Your financial situations are going to factor strongly in this now - because no only are you going to have to consider the cost of birth in the US, but you will also need to consider the fact that after the birth you will be a household size of three when you apply for your visa and that will increase the income/savings assets you will be required to show.

Also consider your degree. How much time will it take to complete? Depending on the subject and level it may be advisable for you to complete it to improve your chances of employment in the US.
Absolutely 100 percent agree. Maybe while you are in the UK, you could help your fiance look for a job in the UK that would help him with a visa, and then later once your finances and health are stable and your baby isn't a newborn any longer, start making plans to come back to the US. My husband just got his green card. But if I fell pregnant and decided to keep the baby, at our age (mid 40s) and with my health complications (also PCOS with the usual prediabetes) and lack of family in the US, I'd be a very high-risk pregnancy and he'd move us back home with all deliberate speed.
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Old Sep 6th 2013, 3:44 pm
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Default Re: PLEASE HELP ME? CONFUSED?

Originally Posted by bumblebee13
Please can someone tell me if there is anyway of us staying together during this process ?
Yes - but it's not without risks. Under US immigration law, you are allowed to remain in the US and adjust status to Permanent Resident (PR = green card)... if (and it's a big if) you did not have the intent to remain in the US when you entered the US. The problem, of course, is how do you prove you didn't intend to stay? Well, in a nutshell, you can't. So, that leaves you at the mercy of the officer when you have your adjustment interview. The issue may not come up (and you shouldn't mention it on your own)... but if it does come up, you must be prepared to respond!


Any other type of Visa I can apply for?
No. Right now you are in the US legally, and you can apply to adjust status (see above caveat).

Avanutria makes a very good point, though - it'll be very expensive to have a child in the US if you have no health insurance or inadequate health insurance. It'll be much less expensive to have the child in the UK... and your USC fiancé can enter the UK on the Visa Waiver Program for up to 6 months (unlike the 90 days for a UKC visiting the US).

If you decide to remain in the US, there is a lot of paperwork to file and fees of about $2,000. Your USC fiancé must submit forms I-130, I-864, and G-325A. You must concurrently submit forms I-485, I-131, I-765, and G325A. All the forms are available online at www.uscis.gov on the "Forms" page. All the fees are also listed. There are also instructions pages that you can download with info on the sort of evidence each form needs.

Don't panic! You have time... so read the forms, digest the information, and ask your questions here. Read, digest, ask... that's the best order for doing things. You are about to learn a new language: immigration-speak... so when you ask questions, be precise. It will help us to better help you.

Ian

Last edited by ian-mstm; Sep 6th 2013 at 3:47 pm.
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Old Sep 6th 2013, 4:05 pm
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Default Re: PLEASE HELP ME? CONFUSED?

Yes, you can apply to adjust status, as Ian posted. You should have a consultation with an immigration attorney should you want to further consider that option. You have a very good, but not guaranteed, chance of success subject to being able to meet the public charge provisions of the law (look into the I-864 Affidavit of Support).
Originally Posted by bumblebee13
Please can someone tell me if there is anyway of us staying together during this process ?
If you opt to leave the USA rather than apply to adjust status, you might want to marry while you are still here and have your husband promptly submit an I-130 petition for you. You should be able to receive your immigrant visa shortly after your child is born.
Originally Posted by bumblebee13
Any other type of Visa I can apply for??
His employment propsects will play a big role in what you decide to do.
Originally Posted by bumblebee13
He has just got released from the US army, ...
Regards, JEff
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Old Sep 6th 2013, 5:50 pm
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Default Re: PLEASE HELP ME? CONFUSED?

Thank you all so much for your help.

I will start looking at the details Ian has provided and hopefully make some sense of it all.

Thank you all again for your help it has been very useful! x
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