Liamincolorado

Good afternoon everyone here, and thank you for reading this question. Our situation is this, i'm currently in america on the vwp as a genuine tourist and i'm 2 weeks away from the end of the 90 days. A couple of weeks into the trip i met my now girlfriend, and things were going so well that i was planning on revisiting in the spring and having a long distance relationship, with a view to looking into permanent options somewhere down the road. Now the problem part, 2 nights ago we found out that she was pregnant, so now we need to find a route which will allow me to stay in the usa pretty much immediately, or at least returning in the spring to get married. Any advice about what i need to do, and when i need to do it will be seriously appreciated, because i'm really starting to panic reading about the potential 8-10 month wait for a k1 visa. Thanks in advance, liam

ian-mstm

Get married immediately and file to adjust your status. File before the 90 days of your VWP expires. Do not leave the US until you have the Advance Parole documents in your hand.

There are many other options... but learning about all of the pros & cons in the next two weeks will cause your brain to explode. There's a lot of information to digest and it takes time to do it (A/P, for example).

Ian

Tracym

Make sure to send the AOS package fedex or ups or some trackable service. And make sure it arrives before the end of the 90 day period (not just mailed before then).

anabella

Where about in CO are you? I'm just curious...

Songbird

Love this response Ian. Short and straight to the point

@ the OP
By 'immediately' this would be like yesterday! lol If you want to stay in the US with your pregnant wife -to-be then you MUST act now. Forget the fancy wedding and reception ( you can do that again later if you want) you need to get to a courthouse and get wed asap.
As for adjusting your status , then you will find these two threads VERY HELPFUL. They both pretty much sum up the 'what happens / what do I do' questions you will have.

http://britishexpats.com/forum/showthread.php?t=547965

http://britishexpats.com/forum/showthread.php?t=559723

Apart from the time factor, two other possible upsets to the applecart could be:
Do you have a criminal record?
Does your G/friend earn enough to sponsor you or can you find a willing joint sponsor (US citizen over age of 18)?
The problems of a criminal record (depending on it's nature) will be an added but not (hopefully) insurmountable difficulty.
The sponsor issue there is no work around. You MUST have a financial sponsor.

If you're good to go then here's what I would be doing now:

*Book the wedding PRONTO

*Arrange a one-off consultation with an immigration lawyer (cost approx $100)

*Book a medical (required for the forms. There can be some delay in getting an appointment so start the ring around now. Also prices vary a LOT so get quotes)

*Go to this site http://www.uscis.gov From there navigate to IMMIGRATION FORMS and download the following:

G-325A [Biographic Information]
I-130 [ Petition for Alien Relative ]
I-485 [Application to Register Permanent Residence or Adjust Status]
I-693 [Report of Medical Examination and Vaccination Record]
I-765 [Application for Employment Authorization]
I-864 [Affidavit of Support Under Section 213A of the Act]
I-864P [Poverty Guidelines - you will need to calculate your sponsor (ie wife) earns enough to support you. If she doesn't then you will require a joint sponsor as well]
I-131 [Advance Parole]

Spend time reading these forms and get yourself familiar with what the process will entail. Don't worry if they seem a bit complicated either we ( or the attorney if you retain them) can help you get through them. If you do decide to take the option of marrying and staying to adjust in the USA then you need to start the ball rolling almost immediately as certain things (i.e. documents you require from the UK - and I am assuming you are from the UK) will have their own time frame. IIRC assuming the documentation is immediately available it will take between a week and 10 days for it to get to you. You would also require your record of vaccinations from the UK. If thats not available then you will have to arrange to have them re-done here in the USA (details of the required vacc's can be found on the I-693 form guidelines) These need not be too expensive as local Public Health Depts will do most of the required ones for a nominal cost. The rest you would have to have done by the doctor who does your medical ( which does tend to be more costly)

Ideally you want to be in the position to have EVERYTHING ( i.e. wedding done, forms filled, accompanying documents required) completed and ready to go to USCIS before the 90 day expiration of your VWP. If you fail to do that then it could get a hell of a lot more complicated and uncertain. Also the actually submission costs of these forms is approx $1,365 (iirc). Other costs will include the medical/ vaccinations which could run you another $300 or so. These costs will have to be met as part of your application so fingers crossed you have the finances in places.

The only other alternative is for you to marry now and return to the UK as originally planned and then go through the process via a spousal visa from the UK. From what I understand of the time frame though that could take 8 / 10 months so you wouldn't be back in the Spring other than on another visit via the VWP ( which you are perfectly able to do while this is being processed)

The choice is yours really the VWP -> marriage route does have some dangers, namely that if your adjustment is rejected you have no right of appeal and will have to leave the USA. However, although there have been some instances were this has happened overall anecdotal 'evidence' would still seem to suggest that a successful AOS is the most likely outcome, though this cannot be guaranteed. Going the other route, i.e. getting married, returning to UK then seeking a spousal visa entry is by far the SAFEST method but the time frame ( especially given the pregnancy) might pose some difficulties for you both.

Whatever you decide to do you must do it fairly quickly (especially if the decision is to stay and AOS from the VWP)

Wish you good luck in whatever path you choose, we will help as much as possible with your questions so just shout

Noorah101

A joint sponsor can also be a US PR. The joint sponsor must live in the USA.

Good for the OP to see what it is, but should know the doctor actually supplies the form, the OP doesn't have to fill anything out in this one.

Rene

Archibald_Leach

You need to get married.

In the meantime download these forms from USCIS web site

I-130, I-864, I-485, I-131, G-325a (one for you, one for wife)

I-765, I-693. I think this is a complete list, but i'm no espert.


You need a medical from an aproved doctor, they are listed on the uscis website.

You need to get your birth certificate.

Get some usa passport sized photographs.

In the meantime ... GET MARRIED!

I adjusted from the VWP, have a look at my previous posts, it'll cost nearly $2000 for the paperwork and medical. There are risks involved but it worked out ok for me (green card a few weeks ago).

Get started on getting your birth certificate straight away, you must file asap and if your paperwork isn't complete you'll get a request for initial evidence, if either of you have previous marriages you'll need the divorce paperwork, your wife will also need her last three tax returns.

Your wife needs income to sponsor you, and she'll need to prove it, if she can't then you will need a joint sponsor.
You can't file the paperwork until you are married and have a license to say so, (not the certificate the minister gives you after the ceremony)

Feel free to pm me if you need to, i'm not a lawyer, there are people on the board who are, I stopped using a lawyer when I found the information on the forum to be more helpful! If you've any convictions in the UK then might need a lawyer.

My suggestions are based on what I did, I had sufficient money to survive and contribute while I waited for work authorisation, and my wife earnt enough to sponsor me, your situation may be different.

good luck!

Noorah101

Make sure it's the "long form" one.

About 6 or 8 of them.

Just a note about giving advice via PM. It's better to ask actual questions in the public forum, that way if the answer is wrong, others can come along and correct the information. Via PM, the info might be wrong, and no one can see to correct it.

Rene

Songbird

You can return in the Spring and marry on the VWP if you wish, you just can't legally stay and adjust your status if you do that. You would still have to then go via the spousal visa route. The K1, as you rightly say, will take about 8 months to process, so that wouldn't be available for you you to use for a Spring re-entry. Bottom line (as I understand it) the choice you have is :

a ) marry now and go through the whole VWP->marriage AOS ( with all it's difficulties and uncertainty)
b ) marry now - go home and apply for a spousal visa ( with visits on the VWP until it's processed)
c ) Go home now and go through the K1 (fiancé visa) again with visits on the VWP while it's being processed.


@ Norrah
True, true about the sponsor - I ALWAYS forget that!

RE: the medical. Yes that is the case *IF* the doc doing the medical is also the one doing the vacc's - which finances permitting would be the ideal, or if you have accompanying vacc records from the UK. In my case ( where $$'s were tight) I downloaded the form, took it to my local Public Health Dept, they did the required vaccs they could ( very cheap) marked them down on the form (stamped / dated etc) I then took that form along to the doc for my medical he took it off me, did the medical and signed off on it - giving it back to me ( with a copy) in a sealed envelope This was the cheapo option

Archibald_Leach

I agree, I wouldnt give advice via pm on the legal aspects, maybe just a bit of moral support and why Bissel vacuum cleaners are rubbish compared to Dyson, ..... after all, aside from the anxiety of the legal 'process' the other frustration is feeling at a loose end while someone decides your immediate future.

Songbird

I couldn't agree more! There are quite a few people who have successfully undertaken a marriage-based AOS from VWP and yet (being human) we can forget or 'misremember' the steps along the way ( my sponsor response is a good and timely example of that! lol) Far better to have questions on an open board where mistakes can be corrected, answers supplemented etc