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What is the best visa/green card approach for a student visa holder who finds herself pregnant by an American citizen?

Business 2 views 4 answers
I have a client with a valid, unexpired student visa who finds herself pregnant by her American citizen partner. They were contemplating marriage before the pregnancy, but the unexpected pregnancy now adds a wrinkle to their plans. They still intend to marry, but they want to know the best path forward both during her pregnancy and afterwards.

Attorney Answers

4
Karin WolmanImmigration AttorneyNew York, NY ·
What wrinkle? They should get married, file Immediate Relative I-130 concurrent with I-485 application. Perhaps by the time of the AOS interview, they will have a US citizen child.
0 upvotes
Daniel Hanlon ·
If they marry, then the next step would ordinarily be to file an application for her adjustment of status to the green card, to allow her to become a permanent resident without leaving the country.
0 upvotes
Namita Agarwal 4043570.Html ·
The best course would be adjustment of status in the US with proof of legal entry and good faith marriage. Consult with an attorney for more information. Good luck.
0 upvotes
Maria Marty ·
pregnancy increases the credibility of the good faith marriage so from an immigration perspective, there is no wrinkle. get married ASAP and she can adjust in the US in a one step process (I-130/I485).
0 upvotes

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