Allietwack

Hi all,

Ive actually been lurking around for a good few months but now feel the need to post,ive searched around and found alot of help on the site but i need more

So my husband was over on a WVP and 4 days before it expired we got married,so i called up the immigration office and told them the situation and stated does he still have to go back to the uk because theres no way we could fill in all the forms within the four days or save up the money to file them all, the lady on the phone wasn't sure so i was put on hold while someone higher up and with more exprience came to the phone.He said as long as he entered the country legally then it was fine to stay and we just had to file the forms he gave me which forms were needed ( I-130,3x G-325a,I-485,I-693,I-765,I-864)and that was it.This was at the end of October and we have now managed to save the 800 dollars to file all these.The thing is what visa is he here under at the moment ? seeing as his VWP ran out at the begining of November ? Also on the forms is it ok to say we got married on a VWP as i keep reading on here that its illegal then other places thats its not illegal if it wasnt intended when he entered which it wasn't, they always seem to reffer to the k-1 which we didnt use.We are thinkin about gettin a lwayer to help but at 125-200 bucks a hr we dont know if we can afford it as im the only one working atm as he has no temporary work visa.Does anyone know how long a lawyer would take to help file all these forms or how many hrs of a lawyers time it might take so we can get some idea on the price ? Sorry if these questions sound dumb but evereynight we sit down together to fill in these forms and just get worried were gonna put something wrong and its starting to become a bit of a headache.

Thanks for any help

Allie



p.s please dont tell me off if all this has been posted in the past i cant find the answers in the search option :P

Ray

It is illegal to enter on a VW with the intent to marry .....

Its is acceptable to marry on the spur of the moment as you claim
and adjust status..

Until you file he is out of status with no legal standing so keep him in the cupboard .... once you have filed his status will be pending status ..thats Ok..

All paperwork goes to the chicago lockbox
You will need to have the medical report as well to send ..this must be done by an approved USCIS doctor ..

One you complete all the paperwork you could just ask a immigration laywer to check it ..

Ensure you earn enough money to sponsor him or get a co-sponsor

visit www.visajourney.com a site devoted to marriage based immigration.. or the US marriage based section of this site ..

fatbrit

If you're short of cash, you can save money by doing it yourself. But you need to be thorough and spend time on research and double checking everything because the method you are using has fewer safeguards than the ones more commonly recommended.

An adjustment of status is not illegal; why else would USCIS show you how to do it on their website @ http://uscis.gov/graphics/howdoi/legpermres.htm? It can be illegal if you do it wrongly, but then so can driving a car! Unfortunately, they are somewhat economical with the truth in their public information and you need to dig deeper and get advice from others, too.

However, as you have found it causes total consternation on newsgroups, egged on by self-interested attorneys usually! Unfortunately, they are also a mine of information, but you need to phrase your question carefully. Start with: "My spouse came over on a <whatever> visa for a stay and we married just before it expired and s/he now needs to adjust status so he can live here with me. I have a question about form <whatever>. Do I need to <whatever>. If you phrase your questions like this, you'll probably get the answers you need. Just ignore the moralizing crusaders if they pop up.

Provided you did not enter with the intent of remaining, you may adjust and remain. The process is as straightforward as any that the immigration authorities abetted by government dream up. However, there are a few caveats that apply directly to your situation:

There is a clock running from the time your spouse overstayed his VWP. Six months after, he would incur a 3-year ban were he to leave with regularizing his status; 12 months after and the ban is 10 years. Actual deportation could even result in a lifetime ban.

At the moment, you possibly have a choice. You can pursue an AOS with him remaining here, or you can choose one of the more conventional routes that are well described and documented in the newgroups . However, if you wait until the automatic ban cuts in, you're effectively left with only the one real choice of AOS.

Factors that might mitigate against using AOS or taking legal advice would include: spouse has criminal history, spouse has medical problems, spouse had lied to POE inspector; spouse has falsely claimed US citizenship; spouse has had previous US visa issues. The problem with AOS is that there is limited ability to appeal against any of these issues, and if your spouse were to be ejected after the clock had gone too far, the ban would cut in throwing spanners in the works and meaning you would be unable to live together in the US for a long time. Similarly, a very important factor to take into account is that during this process of adjusting, your spouse would not be able to leave the US for any reason without severe immigration consequences. Another issue that you need to investigate is whether you have the income or assets required or can find a sponsor.

So, my totally laymen's advice would be for you to do your research very quickly and decide on the method you are going to pursue. If using the newgroup at the bottom of this forum or visajourney.com, put on your rhino skin and phrase your question carefully.

TruBrit

OMG they are still on honeymoon....you are cruel