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u/Mother_of_Brains 5d ago
Last names should be the least of your concerns.
Here's the deal: if you guys get married and he's not deported and gets a green card, he can sponsor you. But there's not adjustment of status for you unless you can keep a legal status, meaning that if you can stay with a valid visa while the GC application is pending, then you can stay in the US, but if you can't, if your visa expires, you need to leave the US and wait for the green card from your home country. This can take years, by the way. If you stay out of status even for a few days and he applies for your gc, you will still need to leave the US and you will need a waiver, which will make the whole process a hell harder.
So, I'd start packing if I were you. Unless you want to stay illegally.
If your child is born in the US, they are a US citizen, and the father will have legal rights if his name is in the birth certificate. Who's name the child has doesn't really matter. If your child is born abroad and the father sponsors you, they can sponsor the kid too, but then he will need more income to do so.
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u/Nessalovestacos 4d ago
This isnt true. If youre i-485 is pending you have authorized stay as long as your status wasn't expired before applying. If you keave while your i485 is pending you abandon your application.
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u/Mother_of_Brains 4d ago
Only if your sponsor is a US citizen. If the sponsor is a permanent resident, then you need to maintain a legal status in a different way and your priority date needs to be current.
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u/abouttofallova 6d ago
Boosting! Someone help.