On B2 visa, but is thinking on overstaying to marry a USC bf

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IMclueless

New Member

Hello everyone!

I went to US to visit my family and boyfriend, on a B2 visa last Sept. I am about to go back to my home country this month but my bf and I have found out that I am pregnant (7weeks, 3 days). This pregnancy is, without a question, unplanned. I am not prepared for this child financially, and so is my bf. I have spent almost my savings for this trip. However, we still decided to keep our lovechild.

He suggested for me to stay here longer (since flying on a first trimester pregnancy is way risky and I was having a spotting weeks before), get married and eventually file adjustment of. status for me. It is easier said.

Since we are short on cash, we might defer filing for my petition. Will be out of status soon. My immigration concerns at the moment are:
(1) how should we go about filing I-130 & 485, considering we don't have that extra amount right now. Can we file for one, and then another after sometime? How should we do it without hassle? Will subsequent filing (if that is the term) can create more issues than concurrent filing?
(2) i've read in a similar post from this site that there is a need for my baby daddy to meet income requirememt. Note, he has a job and has custody of his daughter. My understanding is he has to meet income bracket for all of us now (incuding our unborn baby). What if his income won't meet the requirement? What will our alternative actions be?

Sorry guys, I am really stressed out with our current situation... My pregnancy and immigration status is freaking me out =( I LOVE my unborn baby and his/her daddy so much that I am willing to take the risk. I could live more comfortably in my home country... If I can only bring him home with me.

I would immensely appreciate any help and guidance I can get fron this forum. God bless!
 
Provided that he is a Citizen, you can overstay and still file later. The income only needs to be at 125% of the poverty lene as determined by HHS.

SEE: http://aspe.hhs.gov/poverty/11fedreg.shtml this info will be used in the new USCIS form I-864P for further use in his filing an I-864. If he cannot meet the minimum on his own then he can ask others to file jointly with additional I-864's (household members file I-864A's). You should hold off filing anything until you cann file concurrently, so as not to get on the radar.

You did not enter on a visa waiver, right? That is under litigation as to the right to file or not after it expires.
 
Thank you for your prompt response bigjoe5! :) Your reply is very insightful, too.

Yes, he's a citizen (he's black american). And no, I didn't enter on a visa waiver. I went through the regular application of visa in my home country. I hope there's no problem with that (fingers crossed). Does it bear advantage in case some unwanted circumstances pop-up?

I've checked the link you provided. His income would suffice the 125% poverty req't if we don't count the unborn baby. But if we do... yay! Does USCIS count for the unborn child too even of we intend to file before I give birth? Sorry, I have to ask, I need to validate if my haunch is right.

Also, he's asking if we can add his properties (house that has been paid for last year, and a nearby lot which he is currently paying for) instead of filing for a joint affidavit?

Thanks a heap! God bless.
 
IMclueless said:
Thank you for your prompt response bigjoe5! :) Your reply is very insightful, too.

Yes, he's a citizen (he's black american). And no, I didn't enter on a visa waiver. I went through the regular application of visa in my home country. I hope there's no problem with that (fingers crossed). Does it bear advantage in case some unwanted circumstances pop-up?

I've checked the link you provided. His income would suffice the 125% poverty req't if we don't count the unborn baby. But if we do... yay! Does USCIS count for the unborn child too even of we intend to file before I give birth? Sorry, I have to ask, I need to validate if my haunch is right.

Also, he's asking if we can add his properties (house that has been paid for last year, and a nearby lot which he is currently paying for) instead of filing for a joint affidavit?

Thanks a heap! God bless.
Click to expand...

Read the I-864 instructions at: www.uscis.gov

Assets can be used. In a spousal case, a USC petitioner nneds to show assets sufficient to cover 3 times the difference between the 125% mark and the income.

Example: Income is 10,000 but 15,000 is required, differebce is 5,000 so multiply by 3 and the assets must equal 15,000 to make up the difference. A spouser of a USC can file for naturalization after only 3 years. Naturalization ends the I-864 obligation.

An LPR petitioner needs 5 times the difference, so, in this example the LPR would need 25,000 in assets.
 
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