krazy_baby

Hey i came to Usa in november my visa runs out the end of febuary but i recently got married an want to stay with my husband here in the usa.i dont want to go back to the uk.

i tryed to find out what forms ect i need to get an fill in but its all so confusing to me could some one help me in this matter.

i keep reading about a k1 form but then im told i need to get a i-102 form to renew my visa some one please help.

Caro

K1 is for fiancees, so it is too late for that

What you are looking for is AOS (adjustment of status). These forms include:
- I-130
- I-485
- possibly I-693 (depending on where you live)
- I-765 if you want to work
- I-131 if you want to be able to travel out of the US during AOS
- accompanying documents and biographic information

Make a search on this forum for AOS and you will see a big list. Also, Rete lists every once in a while all the sites that give you information on filing AOS.

This is just a caution note and is not directed in any form against you, nor am I implying that you did something wrong: You can adjust from a VWP (which I assume you are on being from the UK) IF you didn't lie to the INS officer upon entry in the US as this would be considered visa fraud and carries a ban. A lie would be for example that you told him that you didn't plan to get married when you actually were when he asked you if you were planning on getting married during this trip. If he didn't ask you, no problem. You get the idea. If there is a problem on this side, then you probably will have to leave the US and go the spousal visa route to avoid the ban.

Everything can be slow with the INS, and if I were you , I would fill out and send the paperwork ASAP to make sure that I would not accrue too much illegal presence in the US: if you are illegally in the US for over 180 days, you can not leave until you are finished with the AOS. If you do, you will be banned from entering the US for 3 years.

Hope that helps,
Caroline

jeninifer

Don't forget two of form G-325a - one each for you and your husband (the petitioner). This is what Caro listed as "Biographic Information."

The Adjustment of Status must be filed by a relative (your husband) and should be filed as soon as possible. I believe you have 180 after the expire of your I-94 to file, but I suggest not putting it off. The sooner you do it - the sooner the process will be on it's way to being over.

All of the forms are available on the INS website http://www.ins.gov/graphics/formsfee/forms/index.htm

The FAQ page on the site might answer a few of your questions, as well.

It's nothing that you can't accomplish on your own. Most of the people among this forum have done everything themselves. However, if you're really worried and/or confused by the forms - if you have the resources I would consider hiring an attorney.

Best of Luck

Aliluv

Also wouldn't they need an I-864 affidavit of support?

jeninifer

Yes.

Eventually, we will get this right! ;o)

I believe that Rete posted the proper forms in another post. I would certainly trust that - her knowledge of the INS far exceeds my own.

Aliluv

I know Rete has answered many questions for me, I enjoy her posts!