What do we file?

[matthewukchef 0]

Hi people, I have a question which I think fits into this forum, from what I can see.

I am British and entered the United States from the UK on a visa waiver on at the beginning of this month. I have a girlfriend in America (A US Citizen), and we have been together for 5 years, and were friends for another 3 years before that. In October 03 we had a baby boy. We've all been travelling back and forth between the two countries for years, and this time I flew out for my birthday which was at the end of March.

For my girlfriend's spring break which was last week, we went to Vegas with our son, her parents and brothers and sister (she goes to Uni and still lives at home). But while we were there, we got married. We've been engaged for 3 years.

Now we're wondering if we've actually done the right thing, not about actually marrying, cos we're happy about that, but we don't know if Immigration will be unhappy about the situation.

We need to know what forms we both need to file, and to which office (we're in LA County), and also what Immigration may say about the fact that I came here and we got married.

I was working back in England, and I actually lived at work, too. The Human Resourses lady called up my mother yesterday because I didn't return when I was supposed to, and they wanted to know what to do with my stuff - they're storing it for 3 months for me free of charge - so obviously this wasn't premeditated. but still, we're both pretty worried that I might still get booted out of the country and not allowed back in.

Because we have a child, and we've been together for so long, will they be more lenient, or are we still in trouble? Has anyone else on here gone through the same situation?

Thanks everyone, in advance

Matthew & Danielle

PS. If anyone else can help up on another matter: our son has never been to the UK, but we would like him to have dual citizenship, how do we go about this? Thanks again!

[raymaga 25]

As long as you had no intention of remaining in the U.S. at the time you entered, and got married on the spur of the moment, you will be fine. If you had entered the U.S. with the intention of marrying and remaining in the U.S., then that is Visa Fraud.

All you have to do is apply for Adjustment of Status now that you are in the U.S. Read the "Guides", "Forums" and "Visa FAQ" here on VJ for the procedures you need to now follow.

Good luck.

[matthewukchef 0]

As long as you had no intention of remaining in the U.S. at the time you entered, and got married on the spur of the moment, you will be fine. If you had entered the U.S. with the intention of marrying and remaining in the U.S., then that is Visa Fraud.

All you have to do is apply for Adjustment of Status now that you are in the U.S. Read the "Guides", "Forums" and "Visa FAQ" here on VJ for the procedures you need to now follow.

Good luck.

Thanks. So Immigration won't be mad with us, then? And I won't get deported and banned from entering?

[raymaga 25]

You are not going to be able to leave the U.S. now until you have applied for AP (and been approved, of course) or until your AOS has been approved (and you have your Green Card). If you do leave the U.S., you will have to then apply for a K-3 Visa before you will be able to stay in the U.S. permanently. So, don't leave the U.S. until you have either AP or your Green Card. You can apply for AP at the same time as your AOS.

You will not be deported now, unless you have other reasons why you should be.

[matthewukchef 0]

You are not going to be able to leave the U.S. now until you have applied for AP (and been approved, of course) or until your AOS has been approved (and you have your Green Card). If you do leave the U.S., you will have to then apply for a K-3 Visa before you will be able to stay in the U.S. permanently. So, don't leave the U.S. until you have either AP or your Green Card. You can apply for AP at the same time as your AOS.

You will not be deported now, unless you have other reasons why you should be.

Phew! That's a relief!

So I need to get an ajustment of status, but what does AP stand for, please? and am I right in thinking all we need to do a I130, and a I129F, and that will allow me to work as well?

[de_sjiem 0]

AP stands for Advanced Parole, and basically allows you to leave the US and come back without them thinking that you are abandonning your petition for permanent residency... You will need to file I-130 (Petition for alien relative {I think}), I-485 (Application to Adjust Status/permanent residency), I-864(Affadavit of support), G-325A (biographic info for them), I-131 (Advanced Parole.. number might be wrong.. I didn't file this one), and I-765 (application for employment authorization, if you want to work while you are waiting for your greencard..) I think that's it.. I-131 and I-765 dont HAVE to be filed to get permanent residency, but they are required if you want to leave the country and/or work while you are waiting for your green card. Good luck!

Oh yeah. you will also need a medical.. The USCIS website will give you a list of dr's in your area.. be sure to shop around as prices can range wildly!!

And congratulations on finally getting married!

Edited April 19, 2006 by de_sjiem

[matthewukchef 0]

AP stands for Advanced Parole, and basically allows you to leave the US and come back without them thinking that you are abandonning your petition for permanent residency... You will need to file I-130 (Petition for alien relative {I think}), I-485 (Application to Adjust Status/permanent residency), I-864(Affadavit of support), G-325A (biographic info for them), I-131 (Advanced Parole.. number might be wrong.. I didn't file this one), and I-765 (application for employment authorization, if you want to work while you are waiting for your greencard..) I think that's it.. I-131 and I-765 dont HAVE to be filed to get permanent residency, but they are required if you want to leave the country and/or work while you are waiting for your green card. Good luck!

Oh yeah. you will also need a medical.. The USCIS website will give you a list of dr's in your area.. be sure to shop around as prices can range wildly!!

And congratulations on finally getting married!

hehe, thanks!

Thanks for the info, too. We're gonna get started on the files ASAP

[zyggy 9]

Hi people, I have a question which I think fits into this forum, from what I can see.

I am British and entered the United States from the UK on a visa waiver on at the beginning of this month. I have a girlfriend in America (A US Citizen), and we have been together for 5 years, and were friends for another 3 years before that. In October 03 we had a baby boy. We've all been travelling back and forth between the two countries for years, and this time I flew out for my birthday which was at the end of March.

For my girlfriend's spring break which was last week, we went to Vegas with our son, her parents and brothers and sister (she goes to Uni and still lives at home). But while we were there, we got married. We've been engaged for 3 years.

Now we're wondering if we've actually done the right thing, not about actually marrying, cos we're happy about that, but we don't know if Immigration will be unhappy about the situation.

We need to know what forms we both need to file, and to which office (we're in LA County), and also what Immigration may say about the fact that I came here and we got married.

I was working back in England, and I actually lived at work, too. The Human Resourses lady called up my mother yesterday because I didn't return when I was supposed to, and they wanted to know what to do with my stuff - they're storing it for 3 months for me free of charge - so obviously this wasn't premeditated. but still, we're both pretty worried that I might still get booted out of the country and not allowed back in.

Because we have a child, and we've been together for so long, will they be more lenient, or are we still in trouble? Has anyone else on here gone through the same situation?

Thanks everyone, in advance

Matthew & Danielle

PS. If anyone else can help up on another matter: our son has never been to the UK, but we would like him to have dual citizenship, how do we go about this? Thanks again!

First on your PS.. to get dual citizenship, you'll have to report the birth to the local UK Consulate. You'll have to contact them to determine what information they want from you to be able to register the birth..

No one on here can tell you if you're in the clear nor not.. if there will be problems or not.. as with everything there is a degree of risk involved... it just depends on what type of risk you want to take and how much of the risk of failure are you willing to take on yourselves....

The option with the least risk is the K3 option... However, this will require you to return back to the UK... this may or may not be a good option for you.. do you wish to return to your job, do you wish to be able to get your affairs in order, is there any reason that you would have to return back to the UK (it is generally recommended by most attorneys that you do not leave the US for any reason until you get the GC if you are trying a tourist adjustment). The risk of denial in this case would be due to the USCIS adjudicator believing that you marriage was entered into due to your need to circumvent US immigration laws... since you already have a child and have been ina relation with this woman for a long period of time, that would probably not be an issue...

The option which you are considering has more risk involved due to the fact that not only may you have to prove the validity of your relationship, but you may have to prove that it was not your intention to get married and remain in the US at the time of your entry... you may be requested to provide evidence of your intentions at the time of your entry.. this is were a consultation with a experienced attorney will be able to help you determine what evidence would be reqired and if the evidence you have would be suitable...

Remember that since you entered on VWP, the decision of the adjudicator will be final and you will not be able to appeal the decision. There have been occassions where evidence that was presented seemed suitable to the applicants, but was not deemed suitable by the adjudicator and they were placed in removal proceedings... You will however, be able to have a removal hearing in front of an immigration judge as long as you are still admitted in the US.. If you have been paroled (if you leave the US and use advanced parole), you may not even have this option..

No one here can give you definite suggestions or make up your mind for you... you alone have to weigh the relative risks and make your own decision...

Best of luck...

To everyone else out there... I am getting wary of the people who are telling others that a tourist adjustment is without risk and to go ahead and do it and give them the tools to create what may be their own destruction without providing the details of all the risks that may be involved and allow the couple to make a more informed choice... All we can and should do is inform people of the risks of what they intend, tell them where to find further information, and suggest that they get proper legal counsel...

If we don't shape up, we may have problems that are similar that we had in the past and almost led to the closing down of this site... please... don't risk what we have here...

Edited April 19, 2006 by zyggy

[zyggy 9]

Here is the website which will give you more information involving registering your child's birth at the British Consulate...

http://www.britainusa.com/sections/article...2=41016&a=25315