Flowerice

I have been pouring through forums and websites all night trying to find out some information but I think Im just getting myself more confused. So im going to try to explain my situation and hope for the best. I live in the US and my now husband is here with me. About 2 1/2 months ago he came here to see me as my boyfriend on the vwp, this was our second time meeting in person and we didnt have any plans on getting married when he came over on this trip. We really just wanted more time to get to know each other. about 50 some days into the trip I really knew he was the one I wanted to spend my life with and I couldnt bear the thought of him going back to England so I asked him to marry me to which he obviously said yes. We got married in a simple ceremony approx a week later. Now I really have no idea what we need to do next. From reading on this forum and others Ill try to answer some questions I think you'll be asking me next so you get better idea.

1. Ignorance was bliss in our case. Because we never really thought of getting married we never did any research on this before the marriage. Yes I know very stupid of us. To be honest I never dreamed it would be this much of a hassle, him being from the UK me US our mother country and all I just assumed(another big mistake on my part) that there wouldnt be any problems with it.

2. When he entered the US for this trip he didnt lie at POE, they asked why he was here and he told them to see me, they asked how long he would be staying he told them and that was all there was to that.

3. Now that we are married, and I saw on here there was questions of staying here or going back to the UK to wait it out, and we definately want to stay here and not risk him going back to the UK now and not being able to see each other for months-years.

4. I do understand we need to file paper work now I-130, 1-129f?, I864, and some others. But I also see people talking about just doing it at the consulate which for us I guess would now be Chicago. Now am I getting this wrong there are 2 choices we can mail all the paper work in and wait for an interview or you just get everything we need and make an appointment to see them and give it all to them then?

5. I know we should probably see an immigration attorny, but I dont really have the extra money for this, so is is kinda a last resort option for us.

6. is about the advance parole and chances of getting it, he doesnt have property or anything in the UK he needs to sort. He lived in a flat with his brother up to his last visit, but since we didnt know we would be getting married on this trip all of his stuff is still in the UK, besides what he brought in his suitcase which is really all just clothes and not even alot of them. So a trip to the UK to retrieve some of his things would definately be a help as soon as possible.

7. From what I been reading I think I already know Ill be regarded as blacksheep on here since apperently we didnt do things the right way, But right now all I know is I love my new husband very much and he loves me, and even if we didnt start things off in the right foot immigration wise, we need help continuing from here and any information would be greatly appreciated. Basically we just dont know where we go from here or how to do it all.

Folinskyinla

Hi:

As phrased, your questions do NOT make you "evil" in any way. However, you are in the land of "ten-foot pole" in that a very public discussion of these issues in the context of an internet newsgroup can be seen as a "cookbook" for immigration fraud.

The difference is subtle, but very real. When I first started participating in these groups, there was a lot of explicit discussion on how to EVADE the immigration laws and get away with it.

What I would say to a couple in a private CONSULTATION [which is not all that expensive] is something that I do not care to GENERALLY discuss in a public forum where it might be used as planning tools to commit immigration fraud.

Get that consulation. In many cities, you can consult with organizations like Travelers Aid or Catholic Charities for little or no cost. In Los Angeles, the Los Angeles County Bar Association operates a low-cost immigration assistance clinic in the downtown Federal Building. [Low cost is $25 the last time I looked].

Good luck.

Rete

While your situation is one that most prefer to step around rather than answer, it does not make you a black sheep. There are several people here on the forum and on BE that have had the same immigration situation you're facing at the moment.

Leaving the issue of intent aside because that is the true ten-foot pole issue, to adjust status you will need to file form I-130 for your husband along with all the supporting forms and documentation that requires. Your husband will need to file forms I-485, I-693 (medical), G-325A bio info, I-765 employment authorization, I-131 advance parole, and you the I-864 affidavit of support. There is a link under my post at the start of the forum and if you look up the filing experiences and interview experiences for those who were in your situation, you might find it helpful.

Your husband's overstay clock starts ticking on the 91st day. If he reaches 180 days on that clock, he should not use the advance parole as he would face a ban from re-entry into the US. So file asap.

As for the ten-foot pole, while your post, if truthful, shows there was never an issue of intent to marry and remain, it might be helpful if you could scrape together $75 or so for a one-time consultation just to put your mind at rest on the issue. This is a cautionary suggestion as no one here can nor should tell you, you are free and clear in the eyes of the USCIS. You can read and make that decision for yourselves or get the one time consultation. As others have suggested there are free immigration services available through Catholic Charities, city offices, special interest groups, etc. that you might consult with.

Congratulations on your wedding and good luck. If you decide to have him remain, please let us know if you have questions regarding the forms.

ian-mstm

The right way, is whatever way works for you. It is not illegal to come to the US on a VW, marry, and stay to adjust status (if it was illegal, it wouldn't be allowed... but it is), but from USCIS' POV, there will always be a question of intent.


So far, nothing you've done is a removable offense. If you want to be sure he stays in the US, then he should not leave!


This is one of those situations where you really can't afford not to see an attorney. Put it on a credit card, take out a small personal loan... but make an appointment. Each person who has responded to you has made this recommendation... and there's a reason we all agree on this one point.

Ian

Noorah101

Everyone has answered you in general, and I agree that it's an excellent idea to spend the $75 or so for a 1-time consultation with an attorney. You don't have to retain the attorney, just have the consultation to put your minds at ease.

But I will address this one question which was way off the wall. Those folks who talk about filing paperwork at the consulate, are those folks who both live in the UK. They can go to the US consulate in London and file the paperwork directly there. That does NOT apply to filing the paperwork in the USA, as you will be doing. You can only mail or courier yours in to the Chicago lockbox, you have no other choice. Just thought I'd clear that part up for you.

And if you're thinking well, you can both just go back to the UK and file it there together, you can't. You, the USC, has to have a certain status in the UK which you won't have going there as a visitor...you had to have lived in the UK a while to do this.

Best Wishes,
Rene

scrubbedexpat099

Having read the storyline, I do not see what the problem is. Nothing mentioned should cause an issue.

From what I can gather most people adjust in the US having not entered on a 'proper' visa.

But as far as going back, he will have a wait, probably take 3 months after you file to get Advanced Parole.

File as soon as you can so he is in status.

www.uscis.gov and www.visajourney.com for more info. And why is he not posting? His issue.

Flowerice

Do I need to file just the form I-485 or the I-485and I-485A( i didnt really understand what the 485A was about).

Anyone have a rough estimate on the cost of the medical exam?

What happens when he over stays? Does that go against us for the adjustment of status?

scrubbedexpat099

$200 or so, I have seen some people get it on their Medical Insurance.

Youcan ring the USCIS number, enter your Zip and get a list of Surgeries that do it, ring around, those serving the Hispanic community may be your best bet.

As soon as you have the receipt he is legal, overstays are forgiven on adjustment through marriage to a USC, but hwy risk it and the sooner you start the sooner he has AP, EAD and GC.

But he can do it!

Noorah101

I-485.

Find the list of approved civil surgeons on www.uscis.gov, and call all the ones in your area. Each doctor quotes his own price. As Boiler said, could be around $200. But it must be performed by an approved doctor on that list.

If you file AOS before the 90 day visit is up, he doesn't incur an overstay. That's the best and safest route. If you end up filing after the 90 days, he starts incuring an overstay, and it will be overlooked at the AOS interview because he's married to you...but if the overstay gets too long, and he leaves the USA, he could get a ban from re-entering.

Best Wishes,
Rene

Chivi

> I have been pouring through forums and websites all night trying to
> find
> out some information but I think Im just getting myself more confused.
> So im going to try to explain my situation and hope for the best. I
> live
> in the US and my now husband is here with me. About 2 1/2 months ago
> he
> came here to see me as my boyfriend on the vwp, this was our second
> time
> meeting in person and we didnt have any plans on getting married when
> he
> came over on this trip. We really just wanted more time to get to know
> each other. about 50 some days into the trip I really knew he was the
> one I wanted to spend my life with and I couldnt bear the thought of
> him
> going back to England so I asked him to marry me to which he obviously
> said yes. We got married in a simple ceremony approx a week later. Now
> I
> really have no idea what we need to do next. From reading on this
> forum
> and others Ill try to answer some questions I think you'll be asking
> me
> next so you get better idea.
>
> 1. Ignorance was bliss in our case. Because we never really thought of
> getting married we never did any research on this before the
> marriage.
> Yes I know very stupid of us. To be honest I never dreamed it would
> be
> this much of a hassle, him being from the UK me US our mother
> country
> and all I just assumed(another big mistake on my part) that there
> wouldnt be any problems with it.
>
> 2. When he entered the US for this trip he didnt lie at POE, they
> asked
> why he was here and he told them to see me, they asked how long he
> would be staying he told them and that was all there was to that.
>
> 3. Now that we are married, and I saw on here there was questions of
> staying here or going back to the UK to wait it out, and we
> definately want to stay here and not risk him going back to the UK
> now and not being able to see each other for months-years.
>
> 4. I do understand we need to file paper work now I-130, 1-129f?,
> I864,
> and some others. But I also see people talking about just doing it
> at
> the consulate which for us I guess would now be Chicago. Now am I
> getting this wrong there are 2 choices we can mail all the paper
> work
> in and wait for an interview or you just get everything we need and
> make an appointment to see them and give it all to them then?
>
> 5. I know we should probably see an immigration attorny, but I dont
> really have the extra money for this, so is is kinda a last resort
> option for us.
>
> 6. is about the advance parole and chances of getting it, he doesnt
> have property or anything in the UK he needs to sort. He lived in
> a flat with his brother up to his last visit, but since we didnt
> know we would be getting married on this trip all of his stuff is
> still in the UK, besides what he brought in his suitcase which is
> really all just clothes and not even alot of them. So a trip to the
> UK to retrieve some of his things would definately be a help as
> soon as possible.
>
> 7. From what I been reading I think I already know Ill be regarded as
> blacksheep on here since apperently we didnt do things the right
> way,
> But right now all I know is I love my new husband very much and he
> loves me, and even if we didnt start things off in the right foot
> immigration wise, we need help continuing from here and any
> information would be greatly appreciated. Basically we just dont
> know
> where we go from here or how to do it all.
>
> --


Hello! My case is similar to Flowerice. We planned a one week travel to
California (me visiting him) and we decided to get married.

So, we are getting married in the US next week. I�?Žm from Italy and he
is USC. I�?Žm traveling with the VWP and married there but I have to
return to my country because I need to end my job contract and need to
"close" my life here before moving to US. This will take no more than a
month, but I need to return to my country.

Could we start the residence issues when I get back to US? Can I return
to US with the VWP or they would know I`ve been married to a USC and
will ask for my residence papers?
Many thanks to all of you.