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Do I need to leave the US?! (I-130, I-485)

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Do I need to leave the US?! (I-130, I-485)

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Old Aug 20th 2004, 12:19 pm
  #1  
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Default Do I need to leave the US?! (I-130, I-485)

Hey all,

Here's our story. I'll make it short.

I met the person who is today my wife 3 years ago on my first-ever visit to the US. For almost a year we had a long distance relationship as I continued my business travels in South America and Europe. On Jan 2003 I came to the US and things happened.. and we happened to start living together until today! (Joint-rentals, joint car insurances, bills, etc.) I never overstayed my I-94, as I kept coming in and out (*ALWAYS* stating that I am here to visit my US Citizen girlfriend. Never ever stated anything else and they didn't seem to have a problem with that).

My last entry to the US was on July of last year, more than a year ago (during this time I applied for extension of stay... not really important right now).

We got married last month in the US.

I know the law says you are not to enter the US with the intentions to marry a US person. The thing is, last year when I entered the US for the last time - I absolutely didn't think we will end up getting married! Really! We were just having fun but didn't know it will end up being THIS serious SO, what happens next?

Do I need to leave the country and go through the K-3 process? Or should we just file the I-130 petition and I-485 already and get it over with?

Did I break the law by marrying my wife? Will I need to prove that I had no intentions to marry her upon my last entry to the US (again - more than a year ago!)?

Any comment/suggestion will be appreciated and helpful to us.

Thanks!

AZ-GUY :-)
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Old Aug 20th 2004, 5:40 pm
  #2  
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Default Re: Do I need to leave the US?! (I-130, I-485)

i dont really have too much advice as i am pretty much going through something very very similar (husband came over from england for second visit and we married - june of 2001 - though it was thought hed go to uni in england in september of that year...but we ended up getting married here instead and he stayed...) we're working through it all right now and theres been some confusion with all our paperwork and whatnot,but i believe that most likely they wont make you leave....its good youre looking for info here now..id suggest one suggested to me as well,visajourney.com...my only advice i can give right now (since im working through all this myself and havent got it ALL straight yet..) is not to worry TOO much about being deported..(easier said than done i know..) and to learn as much as you can..ive had many people here talk of getting really good lawyers and that can always help because you have someone to help you...plus id call the office youre going through with any questions you have and to check how things are moving along,too....best of luck to you and may god bless,im so happy to hear of you and your wife being married and together,being apart is horrible and its always nice to be with your soulmate..youll probably get loads more help here than i can ever provide but i did want to take the time to say it will probably all be okay and that i understand,as do so many,how youre feeling...youre certainly not alone in any of this...thinking of you and your wife..-from M (plus husband J & family)

ps: as long as everything has been done legally,ie entering the us legally and for the period of time youre allowed,its not illegal to marry while on visa waiver so there shouldnt be any worries there with that.

Last edited by OfLoveAndFears; Aug 20th 2004 at 5:44 pm.
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Old Aug 21st 2004, 2:57 am
  #3  
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Default Re: Do I need to leave the US?! (I-130, I-485)

forgive me for not reading the previous posts, so if i repeat stuff....

no you can stay here even if you did overstay your 1-94, you need to adjust you status now!! using the i-485 form and the accompanying forms, go here to the bcis website it will tell you exactly what you need to do from the horses mouth.

http://uscis.gov/graphics/howdoi/LPReligibility.htm#a

if the link doesn't work just cut and paste it into your browser
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Old Aug 21st 2004, 7:37 am
  #4  
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Default Re: Do I need to leave the US?! (I-130, I-485)

azguy <member28027@british_expats.com> wrote in message news:<[email protected] om>...
    > Hey all,
    >
    > Here's our story. I'll make it short.
    >
    > I met the person who is today my wife 3 years ago on my first-ever visit
    > to the US. For almost a year we had a long distance relationship as I
    > continued my business travels in South America and Europe. On Jan 2003 I
    > came to the US and things happened.. and we happened to start living to-
    > gether until today! (Joint-rentals, joint car insurances, bills, etc.) I
    > never overstayed my I-94, as I kept coming in and out (*ALWAYS* stating
    > that I am here to visit my US Citizen girlfriend. Never ever stated any-
    > thing else and they didn't seem to have a problem with that).
    >
    > My last entry to the US was on July of last year, more than a year ago
    > (during this time I applied for extension of stay... not really importa-
    > nt right now).
    >
    > We got married last month in the US.
    >
    > I know the law says you are not to enter the US with the intentions to
    > marry a US person. The thing is, last year when I entered the US for the
    > last time - I absolutely didn't think we will end up getting married!
    > Really! We were just having fun but didn't know it will end up being TH-
    > IS serious :) SO, what happens next?
    >
    > Do I need to leave the country and go through the K-3 process? Or should
    > we just file the I-130 petition and I-485 already and get it over with?
    >
    > Did I break the law by marrying my wife? Will I need to prove that I had
    > no intentions to marry her upon my last entry to the US (again - more
    > than a year ago!)?
    >
    > Any comment/suggestion will be appreciated and helpful to us.
    >
    > Thanks!
    >
    > AZ-GUY :-)

Don't leave the country. You can adjust status. Your spouse filkes
I-130 and you apply for greencard using AOS form I-485, attaching
other required documents. During AOS the interview, explain what you
explained. May be bring proof that you have had joint account,
insurance, etc for 3 years.
 

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