Elvira

Okay - here are my tuppence:

Seeing that your boyfriend entered on the VWP and you guys are short of cash, I would, if I were in your shoes, do the following:

- get married next week
- husband leaves US before his VW expires
- you file the necessary paperwork for his immigrant visa, which will take c. 8-10 months to process
- during this time, husband continues to work in the UK and earn some cash, which will help you set up home (maybe even pay for a honeymoon?)

+ he becomes a Permanent Resident on entry to the US - no more paperwork, no more $$$ to spend, no waiting for employment authorization, no need for Advance Parole.

Short-term pain for long-term gain...

kristinw

- you file the necessary paperwork for his immigrant visa, which will take c. 8-10 months to process


that's a really good idea...what form # is that? Is that called a spouse visa?

thanks xx

Elvira

http://britishexpats.com/wiki/CR-1

ian-mstm

You already know what form # it is... you mentioned it in your very first post.

Ian

kristinw

ive never heard it called an immigrant visa...pardon

thanks again elvira

Noorah101

Once he files the AOS paperwork AND receives notice that they have been accepted by USCIS (not approved, just accepted), than that's what makes him legal to stay here while waiting for the process. If his I-94 expires in the meantime, he will have a period of overstay while waiting.

Rene

ian-mstm

Correct me if I'm wrong, but I belive that if the adjustment is denied... then *all* his time in the US will count as overstay, and if he then leaves the US (or is deported), he will face a 3- or 10-year ban... and being married to a USC won't help at all.

Ian

Noorah101

I'm not sure on this one either. I think that question has been bouncing around for a while with no definitive answer. I'd like to know, too.

Rene