Trying to find answers

[SomeWhereInTime 0]

I am so happy to find this place. A friend pointed me here saying I might find answers to my situation. I have been trying to read the guides. I am completely confused on the next step we should take. I also am unsure of the ramifications or possible problems of any given path.

I am a natural citizen of the USA, born and raised here. A few years ago I met a nice man online who at the time was married (legally separated) who has visited me a few times. He lives in the UK. He got his divorce this past February. His last visit with me was about 11 months ago. He has visited me on the visa waiver thingy. From what I understand that means he traveled with out a visa in his hand, and came on passport only.

In June he came to visit again. He was to visit for 4 weeks, had a return ticket to leave early July. when it was getting close to his return ticket date, we both wanted to extend the visit so we paid to move the date on the ticket a bit longer for another few weeks. Same thing happened again when it came time to return on each newly rescheduled ticket. 9 days ago, when went on holiday for a weekend, he took me completely off guard, told me he loved me, and would I marry him NOW. I can't tell you how overwhelming this was. But in the heat of the moment I said yes, and in less than 12 hours we were married. Neither one of us was intending it. He has ties back at home, left an entire apartment full of his belongings, has his older daughters back at home, a lease on his apartment etc. Now we are floundering on what to do next. His time to return on this visa waiver is soon approaching and my heart is ripping out thinking he has to go home.

Is there a visa we can get so he can stay here legally and not have to go home? If we do this are there any pitfalls to his staying while we go through the process? I know we would have to get his family to pack up his stuff to ship here. He's also going to lose a deposit on his flat, a pretty sizable sum of money.

I see other visa options in the guides. I understand the K1 is for fiance's so that would not apply to us. Someone told me that my husband would be deported if he over stays the 90 days allowed by his visa waiver thingy. Another told me we can file for a visa and he can stay, but they might still deport him as our getting married is fraud. I am about ready to hire an attorney. I just don't want to do anything that will hurt our being together.

Am looking for information or someone to tell me their experience with this type of situation. Did we do something illegal. Can he be deported if he stays?

Thank you!

Somewhere

[emerce 0]

The same thing happened to me, only my husband is from Canada.

We filed the AOS paperwork to apply for a green card and so far everything is going fine. There are a few others on the site too.

You can fill out the AOS paperwork like anyone else, the only thing is that you have to prove that you had NO idea you were going to get married when he came. Because of all the evidence you have it should be no problem! Just show them that he married you even though he had a whole bunch of stuff linking him to the UK which proves he didnt come here for the sole purpose of marrying you to stay.

If you have any questions about my experience send me a message.

-Erin

[pushbrk 13,076]

The same thing happened to me, only my husband is from Canada.

We filed the AOS paperwork to apply for a green card and so far everything is going fine. There are a few others on the site too.

You can fill out the AOS paperwork like anyone else, the only thing is that you have to prove that you had NO idea you were going to get married when he came. Because of all the evidence you have it should be no problem! Just show them that he married you even though he had a whole bunch of stuff linking him to the UK which proves he didnt come here for the sole purpose of marrying you to stay.

If you have any questions about my experience send me a message.

-Erin

He's here so doesn't need a visa. The easy option is to simply stay and file to adjust status. Please note I said "stay" which means he will be staying until he has completed the AOS process. Check the AOS guide. He could get advance parole to travel back and forth to the UK while waiting for the green card but it's risky. If he can stay another few months, I'd just have him adjust status, then take care of his UK business after the green card is in hand.

[MsZ 6]

But it sounds like he has to travel home. I don't know if you can adjust status (AOS) and file for advance parole (asking permission to leave the US) at the same time. And if you can, how long it would take for him to get it.

That's the rub in all of this. Either you can't leave the US for a time or if you do, you can't come back to adjust status. So find out the answer on the AP question and hopefully that will guide you.

If he can hang around in the US for another say, 3 months or so (whatever AP takes to approve) you would be OK if you can indeed adjust status and get AP. Good luck.

[SomeWhereInTime 0]

He's here so doesn't need a visa. The easy option is to simply stay and file to adjust status. Please note I said "stay" which means he will be staying until he has completed the AOS process. Check the AOS guide. He could get advance parole to travel back and forth to the UK while waiting for the green card but it's risky. If he can stay another few months, I'd just have him adjust status, then take care of his UK business after the green card is in hand.

thank you for your reply. If I understand this correctly, we may be questioned on if he came here intentionally to get married. Is his having been recently divorced going to pose a problem to our applying for this aos thingy? What's the worst that can happen to us? Does he run any risk of deporation if they decide we planned to get married even though neither one of us intended to do this. We were talking to each other this past few years and he did make visits, but we never discussed married, we both weren't ready for that. I am just worried the INS will think we planned it and send him back home? Do I need an attorney? Does that aos thingy have to be applied for before his 90 days is up?

[Urge To Race 2]

You can certainly apply for AOS and advanced parole at the same time. In fact, the $1010 fee for AOS includes both EAD(employment auth) and AP.

But it sounds like he has to travel home. I don't know if you can adjust status (AOS) and file for advance parole (asking permission to leave the US) at the same time. And if you can, how long it would take for him to get it.

That's the rub in all of this. Either you can't leave the US for a time or if you do, you can't come back to adjust status. So find out the answer on the AP question and hopefully that will guide you.

If he can hang around in the US for another say, 3 months or so (whatever AP takes to approve) you would be OK if you can indeed adjust status and get AP. Good luck.

[pushbrk 13,076]

He's here so doesn't need a visa. The easy option is to simply stay and file to adjust status. Please note I said "stay" which means he will be staying until he has completed the AOS process. Check the AOS guide. He could get advance parole to travel back and forth to the UK while waiting for the green card but it's risky. If he can stay another few months, I'd just have him adjust status, then take care of his UK business after the green card is in hand.

thank you for your reply. If I understand this correctly, we may be questioned on if he came here intentionally to get married. Is his having been recently divorced going to pose a problem to our applying for this aos thingy? What's the worst that can happen to us? Does he run any risk of deporation if they decide we planned to get married even though neither one of us intended to do this. We were talking to each other this past few years and he did make visits, but we never discussed married, we both weren't ready for that. I am just worried the INS will think we planned it and send him back home? Do I need an attorney? Does that aos thingy have to be applied for before his 90 days is up?

I wouldn't worry about the recent divorce or USCIS (INS no longer exists.) questioning intent. Just answer questions truthfully. I'd study the AOS guide, then download and study the appicable forms and instructions before deciding about an attorney. Chances are you'll decide one isn't needed. No, you do not have to file before the 90 days is up but I'd do it without undue delay.

Edited August 4, 2008 by pushbrk

[SomeWhereInTime 0]

He's here so doesn't need a visa. The easy option is to simply stay and file to adjust status. Please note I said "stay" which means he will be staying until he has completed the AOS process. Check the AOS guide. He could get advance parole to travel back and forth to the UK while waiting for the green card but it's risky. If he can stay another few months, I'd just have him adjust status, then take care of his UK business after the green card is in hand.

thank you for your reply. If I understand this correctly, we may be questioned on if he came here intentionally to get married. Is his having been recently divorced going to pose a problem to our applying for this aos thingy? What's the worst that can happen to us? Does he run any risk of deporation if they decide we planned to get married even though neither one of us intended to do this. We were talking to each other this past few years and he did make visits, but we never discussed married, we both weren't ready for that. I am just worried the INS will think we planned it and send him back home? Do I need an attorney? Does that aos thingy have to be applied for before his 90 days is up?

Can my husband get in trouble for staying past the 90 days on the Visa Waiver thingy if we don't apply before the 90 days is up for the aos thingy?

Has anyone ever been deported for having gotten married while visiting on the visa waiver thingy and staying in the country? my friends have me scared to death of deportation saying our having gotten married was illegal.

Edited August 4, 2008 by SomeWhereInTime

[pushbrk 13,076]

He's here so doesn't need a visa. The easy option is to simply stay and file to adjust status. Please note I said "stay" which means he will be staying until he has completed the AOS process. Check the AOS guide. He could get advance parole to travel back and forth to the UK while waiting for the green card but it's risky. If he can stay another few months, I'd just have him adjust status, then take care of his UK business after the green card is in hand.

thank you for your reply. If I understand this correctly, we may be questioned on if he came here intentionally to get married. Is his having been recently divorced going to pose a problem to our applying for this aos thingy? What's the worst that can happen to us? Does he run any risk of deporation if they decide we planned to get married even though neither one of us intended to do this. We were talking to each other this past few years and he did make visits, but we never discussed married, we both weren't ready for that. I am just worried the INS will think we planned it and send him back home? Do I need an attorney? Does that aos thingy have to be applied for before his 90 days is up?

Can my husband get in trouble for staying past the 90 days on the Visa Waiver thingy if we don't apply before the 90 days is up for the aos thingy?

Has anyone ever been deported for having gotten married while visiting on the visa waiver thingy and staying in the country? my friends have me scared to death of deportation saying our having gotten married was illegal.

What you did was legal as is adjusting status. Stop listening to your friends and start studying the guides, forms and instructions. Any overstay is generally forgiven when married to a USC.