Just got married...

[USALoving 0]

I am a citizen of the US. My husband is from England. He's been visiting for a couple of years on VWP, and came to visit this last time for the holidays. We hadn't make any wedding plans, because my life and his have been busy with my kids, work, and a couple of deaths in my family, and we wanted to resolve some issues before ever talking marriag down the road in a year or two. However, when he came to visit this time, we just couldn't stand not belonging to each other completely, so that leads me to look at what do we need to do now. He's been here about 8 weeks now, we got married Christmas Eve. I need help to figure out what to file so he can remain here, I don't want him to have to return if he doesn't half to. We didn't plan on this. In fact, his apartment in London is sitting full of all of his stuff. Should we hire a lawyer? Tried to make heads or tails out of the documents on this site, but all written was about applying for visas before marriage or with him in England. Does he have to return or can he remain here?

Thanks!

[payxibka 10,047]

File an I-130, I-485 and an I-765.... He should not leave until all has been adjudicated.....

[gwenneh 7]

First of all, congrats on your marriage!

The simple answer is NO, he does not have to leave - he can remain in the US and adjust his status. However, it is VITAL - and I mean positively, absolutely, 100% vital - that he remain in the US until the green card is issued, otherwise you will cause problems for yourself! I repeat - DO NOT LEAVE THE US UNTIL THE PROCESS IS DONE!

Look at the guides for filing for AOS, they will provide you a picture of what to do next.

The best thing to do for the moment (apart from enjoying your marriage!) is to gather evidence of a bona-fide marriage as well as things that would prove he did not have intent to immigrate - a copy of his tenancy agreement, financial ties to the UK, anything that ties him back to the UK. The onus of proof will be on you to prove that he didn't have intent to immigrate without the proper visa, so gather all the evidence you can!

Now, be warned - adjusting status is not quick, easy, or cheap. It costs hundreds of dollars and takes several months at best and way more than that if there's any complications! If for any reason you think he would need to return to the UK before the process is complete, don't start it - instead, file for either a K-3 or CR-1 visa. While you will have to spend time apart, you will avoid complications as he will almost certainly accrue an overstay while waiting for AOS to complete and THAT can result in nasty things, like waivers being necessary and bans on entering the US being placed. If he can have someone in the UK clear up his affairs over there for him, then by all means, let him stay and adjust!

It is a complicated situation, but you'll get through it! Welcome to the madness.

Edited December 28, 2007 by Gwen666

[athena_ny 1]

First of all, congrats on your marriage!

The simple answer is NO, he does not have to leave - he can remain in the US and adjust his status. However, it is VITAL - and I mean positively, absolutely, 100% vital - that he remain in the US until the green card is issued, otherwise you will cause problems for yourself! I repeat - DO NOT LEAVE THE US UNTIL THE PROCESS IS DONE!

Look at the guides for filing for AOS, they will provide you a picture of what to do next.

The best thing to do for the moment (apart from enjoying your marriage!) is to gather evidence of a bona-fide marriage as well as things that would prove he did not have intent to immigrate - a copy of his tenancy agreement, financial ties to the UK, anything that ties him back to the UK. The onus of proof will be on you to prove that he didn't have intent to immigrate without the proper visa, so gather all the evidence you can!

Now, be warned - adjusting status is not quick, easy, or cheap. It costs hundreds of dollars and takes several months at best and way more than that if there's any complications! If for any reason you think he would need to return to the UK before the process is complete, don't start it - instead, file for either a K-3 or CR-1 visa. While you will have to spend time apart, you will avoid complications as he will almost certainly accrue an overstay while waiting for AOS to complete and THAT can result in nasty things, like waivers being necessary and bans on entering the US being placed. If he can have someone in the UK clear up his affairs over there for him, then by all means, let him stay and adjust!

It is a complicated situation, but you'll get through it! Welcome to the madness.

Or rather, thousands of dollars.

To the OP: My husband and I adjusted from a B-2. (Well, he adjusted. Anyway.) If there is any overstay on the VWP while you're gathering documents, it will be forgiven automatically through marriage regardless of how long it is (the next question is usually, "What if we haven't filed the the I-94 expiry!?" that's the only reason I say anything). You'll need to prove there was no intent upon entry - letters from employers saying he was expected to return, a lease back in his home country, or various other things, since the marriage was so close to entry (8 weeks isn't really that long). They may not ask for such proof, but you need to have it just in case.

The cost of the I-130 with I-485/I-765 will come to almost 1500 dollars (rough estimate) but probably a little under, just for filing the forms. You should always just consult with a lawyer, which is usually free, but in all likelihood, you probably won't need one.

[helwardman 1]

I am a citizen of the US. My husband is from England. He's been visiting for a couple of years on VWP, and came to visit this last time for the holidays. We hadn't make any wedding plans, because my life and his have been busy with my kids, work, and a couple of deaths in my family, and we wanted to resolve some issues before ever talking marriag down the road in a year or two. However, when he came to visit this time, we just couldn't stand not belonging to each other completely, so that leads me to look at what do we need to do now. He's been here about 8 weeks now, we got married Christmas Eve. I need help to figure out what to file so he can remain here, I don't want him to have to return if he doesn't half to. We didn't plan on this. In fact, his apartment in London is sitting full of all of his stuff. Should we hire a lawyer? Tried to make heads or tails out of the documents on this site, but all written was about applying for visas before marriage or with him in England. Does he have to return or can he remain here?

Thanks!

Makes me wonder why we went through the trouble, cost and long wait of applying for a K-1 visa when I could have just moved to America, got married and then claimed I didnt plan it that way

[gwenneh 7]

Makes me wonder why we went through the trouble, cost and long wait of applying for a K-1 visa when I could have just moved to America, got married and then claimed I didnt plan it that way

I think we all wonder that, after we learn the ins and outs of the visas. I know I certainly did. However, taking the OP's post at face value, it is perfectly legal to go that route and plenty on this site have, so kicking yourself or taking pot-shots at people is pretty useless either way.

Edited December 28, 2007 by Gwen666

[Pepe Galleta1 0]

congrats on your marriage!

every process is...a lottery.

i got my GC in 7 months (i entered as b2 and did not overstay), other people just 2 months. No one can assure you how long is it going to take.

for the forms, you need to visit this site

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

the aos is generally i130/i485/i765 (if he wants to work before getting the gc which i recommend unless you can support both of you) (also you need forms i693 and i864 and g325 if i remember correctly)

the cost was about 800 usd plus the medical exam (350 for me but it is cheaper on other cities) Now the cost almost doubled I think so it may be between 1500 and 2000.

so, what i recommend is to have lots of patience, read the guides on this site, and prepare the aos package and just relax. It was not easy, not cheap, no one was waiting for us with a red carpet :-P but we made it. And you will do it too.

Good luck!!

/PepeG

[athena_ny 1]

Makes me wonder why we went through the trouble, cost and long wait of applying for a K-1 visa when I could have just moved to America, got married and then claimed I didnt plan it that way

I think we all wonder that, after we learn the ins and outs of the visas. I know I certainly did. However, taking the OP's post at face value, it is perfectly legal to go that route and plenty on this site have, so kicking yourself or taking pot-shots at people is pretty useless either way.

[Mags 112]

I am a citizen of the US. My husband is from England. He's been visiting for a couple of years on VWP, and came to visit this last time for the holidays. We hadn't make any wedding plans, because my life and his have been busy with my kids, work, and a couple of deaths in my family, and we wanted to resolve some issues before ever talking marriag down the road in a year or two. However, when he came to visit this time, we just couldn't stand not belonging to each other completely, so that leads me to look at what do we need to do now. He's been here about 8 weeks now, we got married Christmas Eve. I need help to figure out what to file so he can remain here, I don't want him to have to return if he doesn't half to. We didn't plan on this. In fact, his apartment in London is sitting full of all of his stuff. Should we hire a lawyer? Tried to make heads or tails out of the documents on this site, but all written was about applying for visas before marriage or with him in England. Does he have to return or can he remain here?

Thanks!

Makes me wonder why we went through the trouble, cost and long wait of applying for a K-1 visa when I could have just moved to America, got married and then claimed I didnt plan it that way

Absolutely no need to take pot shots at the OP. They seem completely genuine to me and to insinuate that they are not is poor taste. Help them or move on to another topic. Thanks.

[helwardman 1]

I am a citizen of the US. My husband is from England. He's been visiting for a couple of years on VWP, and came to visit this last time for the holidays. We hadn't make any wedding plans, because my life and his have been busy with my kids, work, and a couple of deaths in my family, and we wanted to resolve some issues before ever talking marriag down the road in a year or two. However, when he came to visit this time, we just couldn't stand not belonging to each other completely, so that leads me to look at what do we need to do now. He's been here about 8 weeks now, we got married Christmas Eve. I need help to figure out what to file so he can remain here, I don't want him to have to return if he doesn't half to. We didn't plan on this. In fact, his apartment in London is sitting full of all of his stuff. Should we hire a lawyer? Tried to make heads or tails out of the documents on this site, but all written was about applying for visas before marriage or with him in England. Does he have to return or can he remain here?

Thanks!

Makes me wonder why we went through the trouble, cost and long wait of applying for a K-1 visa when I could have just moved to America, got married and then claimed I didnt plan it that way

Absolutely no need to take pot shots at the OP. They seem completely genuine to me and to insinuate that they are not is poor taste. Help them or move on to another topic. Thanks.

I am neither taking "pot-shots" at anyone or insinuating that the original poster is anything other than genuine. The light hearted nature of my post was indicated by the little whistling face and reflects the thoughts of many other K-1 applicants that use this board.

[USALoving 0]

Haven't posted in a while, been busy gathering everything needed for AOS as time is running out for filing before my husband's 90 days are up on visa waiver. We have a concern with the AOS. My husband was recently divorced right before coming to visit me, this visit. Will this pose a problem with the AOS processing? I am concerned they will think we planned to get married, though that isn't what happened. He came for Christmas, and emotions ran high, and we wanted to belong to each other legally, one night we just eloped, not even dressed up or anything, no planned wedding, just drove to the courthouse, got a license, and was married a few hours later. Will my husband's recently divorce hurt our changes of getting the AOS?

[msu17 0]

I would assume that it might add scrutiny to your case, but assuming everything you wrote is true, then you are in the right. You will need to prove that it was spur of the moment. Show things like his lease that was current at the time you married, letter from his work saying he worked there at the time of the marriage, bank stuff. Basically anything you can think of that would show he intended to return. You say his apartment was full of his stuff, if you've moved it over since, perhaps show shipping documents etc. Be creative and think "if I were going to leave the US forever, what would I get rid of/close/end?" then find that stuff for him back home.