I need help! don't know which forms to file...

[ChristiA 0]

My (now) husband and I had been doing the long-distance thing for a long time. He came here thru the VWP Aug-Nov 09. he left and came back Jan 13th '10 and was scheduled to leave April 13th. We decided to get married before he left in April so we got married March 19th. I have been doing research and it seems since he is now considered an immediate relative he doesn't have to leave like we thought. The original plan was to file for spousal visa before he left, then bring him back here when it was approved. But now I'm hearing he can stay and adjust status from here. But my question is, which forms should we file? I thought that it would be the I-

[MrSamurai 0]

My (now) husband and I had been doing the long-distance thing for a long time. He came here thru the VWP Aug-Nov 09. he left and came back Jan 13th '10 and was scheduled to leave April 13th. We decided to get married before he left in April so we got married March 19th. I have been doing research and it seems since he is now considered an immediate relative he doesn't have to leave like we thought. The original plan was to file for spousal visa before he left, then bring him back here when it was approved. But now I'm hearing he can stay and adjust status from here. But my question is, which forms should we file? I thought that it would be the I-

From most of the information I read online

It seems you have to file both I-130 and I-485, at least that is what I am going to do now since you and I are in the same situation.

I am also asking people what else I should do next. I wish you the best and hope we both can get all paper work done smoothly

[christeen 966]

There is the option to file an adjustment of status... However, I must warn you that the govt looks very seriously if there was any fraud intended when he entered on the VWP. The system allows for "spur of the moment" marriage, but does not look upon planned immigration fraud lightly. This means that if he entered the country and you had the intent to marry while he was here on VWP then you have committed fraud as you intended to circumvent the system...

But if you did have a "spur of the moment" decision then you can file for adjustment of status. But keep in mind that if you do this from the VWP, you waive any right to appeal the decision (this is the visa waiver portion of the VWP agreement) so if it is determined that you committed a fraud, then you could incur a lifetime ban without recourse.

Proof of pre-planning is having a big wedding that you made deposits on before hand, him leaving a job and breaking ties with his home country that shows intent to move, taking out of leases together while he was here "visiting" etc...

So think about it carefully before you possibly screw things up... But if you legitimatly did a "spur of the moment" thing, then you can look here for instructions on filing for Adjustment of Status.

[ChristiA 0]

From most of the information I read online

It seems you have to file both I-130 and I-485, at least that is what I am going to do now since you and I are in the same situation.

I am also asking people what else I should do next. I wish you the best and hope we both can get all paper work done smoothly

Thanks, looks like that is the way to go. Good luck to you as well!

[pushbrk 12,824]

Thanks, looks like that is the way to go. Good luck to you as well!

Follow the Adjustment of Status guide. Just click on the word "Guides" at the top of any page here.