Sulph

Hello all , please take the time to read my post , any feedback would be greatly appreciated

I have been in a relationship for the past four years , visiting her in the us a few times

And now for my situation

I am currently in the us legally, I entered using the Vwp late November of this year , a few days later I married the love of my life in a small service at the county clerk's office just me and her , my step children and her parents. Our intention was for me to come here , marry , and spend the Holliday season with my family, then file for a cr-1 visa as I return home in January ..

My issue is... We recently found out my new bride is pregnant... According to my research the average wait time for a cr-1 is approx 6 -8 months..... Basically I would be leaving her to deal with the entire pregnancy and two kids.. ( 8 and 12 ). My other option is to file for adjustment of status... But I heard that is highly risky especially as I'm here on Vwp ... What would you suggest? I'm hoping for someone who has been through a similar situation

fatbrit

There is undoubtedly a risk, and if it goes badly, the consequences can be severe. But, judging by this board, most make it out the other end unscathed -- so I'd be hesitant to categorise it as highly risk.

Do yourself a favour and search this particular sub forum for the term 10-foot pole, paying greatest attention to the last two years of posts. Ignore the emotional and jealous responses and you should start to put together a framework on which to base your decision. You have up to the time your I-94W expires, so don't rush it. Also, consider getting a professional opinion.

Ray

Dont be daft ..do the job properly ...the cheat method is just too risky
now kids are involved

ian-mstm

Why not file now and save yourself a month? It's fine to file while you're still in the US.


Well, closer to 8-10 months actually.


Respectfully, she was dealing with two kids on her own before the marriage... and the pregnancy won't really hinder her ability for another 5 or 6 months. You are allowed to visit during the process.


Fatbrit and I often lock horns on this issue, but I agree with him when he says that most people make it out the other end just fine. Are you most people? No one knows!

As Ray notes, however, there is a risk involved. If your adjustment is denied for any reason - any reason whatsoever, however flimsy or seemingly unfair - there is no appeal process at all... because you signed away all your rights when you entered the US on the VWP.

You, and you alone, are the only one who can weigh your risk tolerance... but in a worst case scenario, you will be forced to leave the US - and the fact that you have a USC wife and a USC child-to-be will make no difference at all. Then you'll have to start all over again with a CR-1 visa... and the fact that you were removed from the US may (or may not) have a negative impact on that visa.

I have often noted in this very forum that when people are desperate, they make poor choices. I agree that you have some tough choices to make... so for the sake of your current and future family, make good choices. Are you willing to risk your family's future together for the sake of a situation that you, yourself, created?

Ian

jeffreyhy

I suggest that you have a consultation with an immigration attorney to discuss your situation in more detail than is contained in your post. It's possible that you would be OK filing for adjustment of status rather than applying for an immigrant visa, but an attorney who has reviewed the details of your specific situation with you is in a better position to discuss the pros and cons of both approaches.

Regards, JEff

S Folinsky

+1

Your mileage may vary based upon where in the US you are at.

Squirrel

The big question is: Did you have ANY intention to stay and adjust status when you arrived in the US of A?

Sulph

I didn't , I left my job , my bills. Everything behind .. I even have a letter from my employer giving me permission to take my requested leave and when I'm expected back in work lol

jeffreyhy

lol? This is a laughing matter?

Our friend Squirrel it a tad off base - it's not what your intentions were, it's what the USCIS case officer who processes your adjustment application believes your intentions were. Get a lawyer, because it's important how your case is presented to influence what the case officer is going to believe.

Hope you're not in southern California ....

Regards, JEff

Sulph

If you don't laugh , you cry , believe me I know the seriousness of the situation , and the risks involved , and I am fully aware that the question revolves around intent, and proving that I had no intent , and regardless if I had no intent to stay , and file for cr-1 , return to Britain and wait... I have to prove this, in my mind turning up to the interview with my pregnant wife and a conformation of pregnancy from the gynocologist with a date proving conception after I arrived in the us pretty convincing , I'm not the one conducting my interview, and seeing that the entire question of intent is based around my wife's pregnancy.. If this isn't enough to convince the person then I don't know. The immigration laywer told me pretty much the same as I have read here, proving that I had no intent is the lynch pin. And no I'm not in california , I'm in Tennessee

Noorah101

As long as the family is willing to live in the UK if your AOS is denied, then it's up to you and your risk tolerance.

Rene

jeffreyhy

Marrying your girlfriend and then impregnating her while on a visit to the USA is "pretty convincing" of what?

And how is it convincing of that, whatever it is?

Sounds to me like you might have had a plan ......

Regards, JEff

celticgrid

Why were you planning to wait until January to file the paperwork? What advantage was there in that plan?

ljaw2002uk

But apparently don't understand birth control?

paulpur

thats not a very constructive comment at all , ljaw2002uk , and pretty irrelevent as we all know birth control can fail as well...my wife and i just had a baby whilst using birth control , and contrary to her having been told all her life that she could not have children