claymorex

I am out of status, because I got married late in my stay( 87 days).Will this hurt my case? Anybody been in the same situation? I read that if you marry after 60 days, this helps as preconceived intent cannot be proved.Is this true as I did not know it at the time. I am very worried that I will be forced to go back to UK and start all over again,but if it is the better way please advise.
Thanks

Steffi

What visa did you enter the country with? Was it a K1? If so they would more than likely have told you both at the consulate as well as the port of entry that you need to get married within 90 days. Since you say that you married within 87 days you are technically still within those 90 days. So in reality you are not out of status, UNLESS your I-485 had to be sent within those 90 days as well (which I myself don't know about and therefore couldn't assure you). If I were you I would send off the AOS package ASAP (if you haven't done so already). Best of luck to you!

CaliforniaBride

If you entered under the VWP (visa waiver program) then you have to prove that you didn't come here with the intent to get married. Getting married after 60 days has been mentioned as proof of non-intent. Whereas getting married before 30 days is assumed to show intent, according to an immigration attorney I spoke with). But apparently this isn't to be relied on as fact. There are many more factors that immigration can consider.

All I know I'm afraid.

Dekka's Angel

This 30/60 business is not to be relied on to make any decisions of any kind, according to both immigration attorneys who regularly post on this board, who I have come to believe after nearly a year here know their stuff.

There was a rather intellectual discussion about this matter once that helped bring the faults of the 30-60 day intent myth to light. Do a search for a discussion between Folinskyinla and Paulgani a discussion of the 30-60 day rule for more information. (After reading it, you might wish to go back to your immigration attorney and tell him that it is not as crystal as he represented things to you).

CaliforniaBride

Having previously read the discussion to which you are referring and re-reading my post on this thread (quoted here with relevant points highlighted), I appears that we both agree. Pomposity, it appears, is not exclusive to me.

claymorex

I entered under VWP, is it possible to get it all sorted over here in US. All I want to do is work, to provide for us rather than mooch of my wife.What sort of timeline if I go through all the correct form filing,before you can work?We live in Seattle. Plus I am also worried in case Police etc, say pull my wife over for an traffic infraction, they will ask for id and being effectively "illegal", it would cause problems.
Thanks

Steffi

I'm not sure how things work based on adjusting from marriage through VWP, but you can figure out how long Seattle takes to process the I-485 (AOS) and I-765 (EAD) through the USCIS website: https://egov.immigration.gov/graphic...sp?textFlag=N#

meauxna

claymorex,
As has been pointed out to you, (tho this may not have been clear) it can be sorted out, but no one here can talk to you about it. Get an immigration attorney. If you think you can't afford it, see how a consultation costs compared with flying back to the UK and your expenses there plus your return flight to the US.

Barring all that, welcome to google groups, where you can search for free.

claymorex

I entered under VWP, is it possible to get it all sorted over here in US. All I want to do is work, to provide for us rather than mooch of my wife.What sort of timeline if I go through all the correct form filing,before you can work?We live in Seattle. Plus I am also worried in case Police etc, say pull my wife over for an traffic infraction, they will ask for id and being effectively "illegal", it would cause problems.
Thanks

CaliforniaBride

Not knowing your case no-one can answer these questions for you. Except to say it is possible to enter the US under the VWP, marry and stay. You really MUST see an immigration lawyer.

Best of luck

CB