Boyfriend came for a visit and we got married

[meandhe 0]

Hi I'm new to the site and I think this section is ok for this post. I am American and my boyfriend is British and came over to visit me and we decided that we couldn't be apart and got married. I've done alot of research in the past few days and but I want to make sure I do everything right because I don't want to do anything illegal and get him deported. From what I can tell he can legally adjust his status from coming over on the Visa Waiver Program because we weren't planning on getting married. I know there are lots of forms I need to fill out but I don't know what order to do so. Would it be best for me to get an immigration lawyer to help me out? Or will it be ok to go thru the process on my own? Any guidance is greatly appreciated.

Thanks,

Audra

[pax 0]

For a VWP adjustment, I would definitely consult with a good immigration attorney before you make any final decisions.

In a nutshell, you will need to file an I-130 for your boyfriend. He'll need to file an I-485 (with an I-864 from you), plus an I-765 if he wants to work ASAP (keep in mind that "ASAP" for an EAD is 3-6 months, probably). A lot of people recommend against filing an I-131 (Advance Parole, which would theoretically allow your boyfriend to leave and re-enter the country while his adjustment of status is adjudicated) because even with Advance Parole, he could be refused re-entry because of VWP overstay. Again, consult with an attorney on that one.

Finally, familiarize yourself with the lingo and form numbers by reading the VisaJourney AOS guide, available by clicking the "Guides" tab at the top of the page.

Good luck.

[meandhe 0]

Thanks for the reply pax....I had already decided that it was too risky to do Advanced Parole. Is it truely really risky for us to adjust his status? Do people often get turned down? Would it be better for him to go home and come back on a spouse visa? I really dont wanna be away from him for a year. If adjusting status is safe I'd rather do that. Any opinions?

[pax 0]

No one can tell you for sure. While it's legal for him to apply, no one can promise you that it will be successful. Adjusting from a VWP does carry risks. Many people do it with little or no problems. But people are denied as well.

Again, you'd be best off consulting with an immigration attorney who has handled VWP adjustments, telling him or her your whole story, and getting a qualified, professional opinion on your chances of success.

[aussiewench 9]

meandhe

Have a read HERE

All the best to you.

Lorelle

[MrsBruce5 0]

Hi...

I would consult an attorney first. We met with one prior to anything, as we were planning to with a K1. She suggested the CR1 to us, which we have gone forward with. We're at the end of the wait, and although it feels like it's been an eternity-in all actuality, it's only been about 6 months since we have filed the first paper.

My husband came over on a VWP from Britain, and we were unexpectedly married, as well. I did not want to have any issues with "dual intent", AP, and EAD-so we decided to just go the legal way-send him back and file our I-130. I found it was far too risky and stressful to do things any other way, as marriage is an adjustment in iteself, apart from moving to a new country and starting from scratch.

When my husband does join me, he will not have anything standing in his way with regard to being able to work, or visit his family in Scotland.

Of course it is terrible, and the wait does indeed suck, but it the lesser of the two evils.

Good Luck !

-Rose

[Kez/JWolf 6]

Hi I came on VWP from Scotland and did AOS and all went well.... there are quite a few of us who have done AOS feom VWP/Tourist visa.....

Dont bother with the AP as it is not safe to leave until you have the greencard....

Good Luck

Kezzie

[Laura_and_IanM 0]

Ok this seems to be the question of the day here...lol or is it just me? This is what I have been told from a lawyer anyway. I have been told that yes you can change status while in the country if you got married without a k1 visa. BUT..this is where I was told you would run into a risk. If your now husband came over lets say for a 3 week visit, and you got married within that 3 weeks, you are running into a risk of having to prove that intention wasn't there REGARDLESS if you didn't intend on getting married when he first came over or not. If your now said husband came over for a 3 month visit and you got married say in the latter part of the 3 months, the risk is less because it shows that you took the time to get to know the person and yada yada yada. This is how it was explained to me by a lawyer. I have heard different sides to this sort of thing and for me personally...I would rather be safe than sorry and send my husband back to the country he is from and apply that way. Just to save yourself from any future headaches and worry. I think either way its a ####### shoot..could go either way for you.

Laura Mitchell

[bamdame 0]

Congrats on your marriage! Just be careful to state that you did not plan on getting married and your husband intended to return to Scotland at the end of his visit. Also, since you case has become 100 times more complicated and there is a multitude of ways to go through this process I would strongly encourage you to spend the money and consult a lawyer. It can only help and prevent further complications. Is your husband going to go back the Scotland? Did he have a job there? Best of luck.

[meandhe 0]

Thanks for all the replies everyone. I do realize that it is risky to adjust his status but I believe it is worth a shot. If we get denied, he'll return to Scotland and we will try th spouse visa. He won't be returning to Scotland as long as it works out and we can easily prove there was not intent of marriage because there honestly wasn't. He still technicaly has a job even though he isn't returning, and bank accounts and dept in the UK and and had a return ticket. I live with my parents (I'm 21, almost done with school so I've been with them to save money cuz it's cheaper than a dorm!), so I don't think anything about our situation makes it seem we planned it. As far as the 3 month/3 week visit thing is concerned, we already knew each other from when I studied abroad for 6 months so we can definitely prove we know each other well.

Edited May 22, 2006 by meandhe

[Moon9393 0]

This is my experience: I came as a tourist from Italy and I got married within a week. I had no problems,no questionings and I was be able to travel with my AP. I have my 2year greencard now

[bamdame 0]

Don't know if it is a factor after you start the AOS process, but Be Careful he does not exceed his maximum allowable stay during the AOS process. May need to find out if that is a fact with VWP, since the process can take so long.

[Kez/JWolf 6]

once the AOS paperwork is filed he is classed as AOS(pending) and does not accrue any out of status days.....

Kezzie

[samantha_lou 0]

I'm another brit who also adjusted successfully from VWP after an unexpected marriage, all went just fine. Just don't bother with the AP, as he won't be eligible for it, he'll need to wait out for the greencard before leaving the US.

Congratulations on your marriage and good luck with AOS!

[Paul and Melanie 0]

Another Brit here who got married on the VWP and had no problem adjusting status. Had interview only 5 months after filing AOS. Only thing is, he asked us lots of questions, but nothing had to do with me proving I wasn't intending on staying here while on the VWP. Only about our marriage and asked to see a copy of both of our house keys good luck!