I am now in the US on a tourist visa. My American boyfriend and I have recently found out that we are having our first child. We plan to get married as soon as possible but we have no clue on what the procedures are. Do we marry in the US and then apply for a change of status? Or do I have to leave the country and apply for a K1 visa?
Can anyone tell me the easiest way to tackle this situation and its pros and cons?

We would really appreciate your feedbacks and thank you in advance.

Have a civil marriage and do the AOS, you can have the ceremony later.

If you leave the country, you can not come back until he files the Fiancee visa for you, thus, you may have a baby in your home country and not here since it can take 4-6 months to process.


If you overstay your visa and leave the country without marriage you will be banned from returning 3/10 years.

Goodluck and congratulations

We had the ceremony and everything when we got married. We decided to get married while I was here and got our license. THey didn't even ask me for anything. I don't know if it's the same in all states, or if I'm just really lucky.

dont overstay a visa, more than 180days which causes the 10 year ban, if you choose to marry, then dont leave the US, just adjust your status, but this means you cannot leave the US till your application is approved, but what is worse, going to your home country and filing and being seperated and going through your pregnancy without your partner or getting married, which i believe you are planning to do anyway and adjusting your status. good luck for the future

Thank you all for your replies. They are very helpful. Do you have any tips on applying for a change of status? What are the chances of getting it approved? What supporting documents do we need?

Thank you again.

Everything you need to know is here:

http://www.ins.usdoj.gov/graphics/howdoi/legpermres.htm

Eligibility:

http://www.ins.usdoj.gov/graphics/howdoi/LPReligibility.htm


You can download the forms and see all the documents you need to have.

Like everyone said, don't leave the country. To be on the safe side, don't even leave once your petition is filed with the AP. That will let you travel but it does not guarantee your re-entry. Usually it's not a problem if you haven't overstayed.

You'll have an interview months after filing and that's when you'll show them pictures, baby...blah blah. Unless you have something that could hinder your application, like a criminal history, you should be fine.

Good luck to you!

Thank you again Marie you have been very helpful.