QUESTION
What do I do to keep my pregnant fiancé to stay in the US permanently?
Asked on Nov 21st, 2015 on Immigration - Georgia
More details to this question:
My 7 month old pregnant girlfriend came from Colombia to see me. I had been to Colombia 7 previous times and this was her second time to come see me in the US. I am a Mexican/Chicano born in the US. She had bought a round trip ticket before she left from Colombia to stay for 3 weeks to visit. I know me being born in the US and if the child was to be born in Colombia, the child would be an American citizen because of my status, but while my girlfriend was here I had a change of heart and wanted the baby to be born here and for both of them to stay. We are planning to get married very soon. She wants to go home before her visa expires. It's 6 months before she violates the visa. Her visa is valid for 10 years. I am scared they could be rejected when coming back in because she received a state insurance for her and the baby while she was pregnant. I was unable to work at the time because I was recovering from surgery. She did not receive cash assistance or food stamps. Only the insurance for the baby and her while she was pregnant and 2 months post pregnancy. I have heard stories of denying entry based on that. Totally scared at the moment.
1 ANSWER
Best wishes with soon having a baby and being a parent! Generally, if a foreign national enters the U.S. lawfully and with inspection, and then becomes married to a U.S. citizen, the couple may succeed in a marriage-based adjustment of status application so that the foreign national will become a Lawful Permanent Resident (will get a "Green Card"). This is true regardless of whether the foreign national may have overstayed her initial visa. (By the way, the time permitted for her to remain in the U.S. is not governed by the 10-year period of validity for her multiple-entry visitor's visa, but instead is governed by the I-94 granted at time of admission.) More information would be needed in order to analyze whether the receipt of public assistance for the baby might interfere with eligibility for the mother to adjust status.
Answered on Dec 03rd, 2015 at 5:57 PM