illegal alien marrying a U.S. citizen, visa process ???

[50 cool 50 0]

hi.

First of all OUr background:

I am a British and Irish citizen. I have no criminal record. i am healthy and do not do drugs. i am willing to work and can support myself. I have never overstayed on a U.S.A visa before or had any previous problems with immigration.

My girlfriend is a U.S. citizen.

i came to the states as a tourist on the usual tourist 90 day thing that you get at the airport to visit my girlfriend and stay with her for a few months.

we are very much in love and to our recent suprise we are now expecting a child.

I am close to the expirey of my 90 day visa because i dont want to leave her and i want to look after her as she is pregnant.

IF we were to get married and i was to overstay here in the U.S.A as an illegal alien for a little while, during the red tape process, what would be the route to getting a visa to stay and work? What forms do i need to get ect.? i.e. illegal british alien >>> working resident visa

[KimandRuss 0]

The Guides are a great resource.

[50 cool 50 0]

thanks so much for the reply!!!!

You have read our background, do we run a big risk of me getting denied and/or deported from the U.S

it would break our hearts to be apart

[Chica Yeyé 41]

Again,

It would be on your side of the court to PROVE you did not have intention to immigrate -- but by asking the questions here, before getting married; intention to stay is obvious. If you do not prove lack of intent, you will be indeed denied Adjustment of Status and possibly deported.

All of VJ couples -with a few exceptions- have been separated for months or even years. Welcome to the club.

[50 cool 50 0]

Again,

It would be on your side of the court to PROVE you did not have intention to immigrate -- but by asking the questions here, before getting married; intention to stay is obvious. If you do not prove lack of intent, you will be indeed denied Adjustment of Status and possibly deported.

All of VJ couples -with a few exceptions- have been separated for months or even years. Welcome to the club.

Well we did not expect a child. It just happened and now i need to support my family so would that be O.K?

i had no intention of wanting to live in the U.S.a but now my circumstances have changed i need to work here in the U.S. to support my new family.

and anyway, does the U.S.C.I.s surf this site and use it as evidence when considering your case or something?

Edited February 4, 2009 by 50 cool 50

[Kez/JWolf 6]

Again,

It would be on your side of the court to PROVE you did not have intention to immigrate -- but by asking the questions here, before getting married; intention to stay is obvious. If you do not prove lack of intent, you will be indeed denied Adjustment of Status and possibly deported.

All of VJ couples -with a few exceptions- have been separated for months or even years. Welcome to the club.

Well we did not expect a child. It just happened and now i need to support my family so would that be O.K?

i had no intention of wanting to live in the U.S.a but now my circumstances have changed i need to work here in the U.S. to support my new family.

and anyway, does the U.S.C.I.s surf this site and use it as evidence when considering your case or something?

It has nothing to do with your intent now you are here. It has to do with your intent on entry to the US. If when you entered the US on your VWP you had no intention of remaining in the US and filing for AOS then the law allows you to file a I-130 and I-485 and adjust your status to LPR. You can not leave the US until your AOS has been approved and you have the Greencard in your hand.

There is a step by step guide here on VJ http://www.visajourney.com/forums/index.ph...page=i130guide2 Have a good read of the guide and all the forms you will need to download as you will need to get things like your birth certificate sent over from the UK.

It is also a good idea to have a meeting with a immigration lawyer to go over your case and make sure there is nothing about your case that will be an issue when doing AOS.

Try to make sure that you are married before your I-94w expires and apply for your AOS as soon as you can. Once you have filed the AOS and the I-130 you will not be here illegally your status will be Adjustment Pending and you are allowed to remain in the US until your AOS is decided. Make sure you file for the EAD along with the AOS it is included in the price, so that once it is approved (about 90 days or so) you will be able to get a SSN and work.

Hope this helps

[pushbrk 13,210]

Again,

It would be on your side of the court to PROVE you did not have intention to immigrate -- but by asking the questions here, before getting married; intention to stay is obvious. If you do not prove lack of intent, you will be indeed denied Adjustment of Status and possibly deported.

All of VJ couples -with a few exceptions- have been separated for months or even years. Welcome to the club.

Well we did not expect a child. It just happened and now i need to support my family so would that be O.K?

i had no intention of wanting to live in the U.S.a but now my circumstances have changed i need to work here in the U.S. to support my new family.

and anyway, does the U.S.C.I.s surf this site and use it as evidence when considering your case or something?

It has nothing to do with your intent now you are here. It has to do with your intent on entry to the US. If when you entered the US on your VWP you had no intention of remaining in the US and filing for AOS then the law allows you to file a I-130 and I-485 and adjust your status to LPR. You can not leave the US until your AOS has been approved and you have the Greencard in your hand.

There is a step by step guide here on VJ http://www.visajourney.com/forums/index.ph...page=i130guide2 Have a good read of the guide and all the forms you will need to download as you will need to get things like your birth certificate sent over from the UK.

It is also a good idea to have a meeting with a immigration lawyer to go over your case and make sure there is nothing about your case that will be an issue when doing AOS.

Try to make sure that you are married before your I-94w expires and apply for your AOS as soon as you can. Once you have filed the AOS and the I-130 you will not be here illegally your status will be Adjustment Pending and you are allowed to remain in the US until your AOS is decided. Make sure you file for the EAD along with the AOS it is included in the price, so that once it is approved (about 90 days or so) you will be able to get a SSN and work.

Hope this helps

Exactly. Your description is a classic example of somebody who came for a visit and while here decided to marry and stay. You have tangible reasons for doing so that can be documented. I'd get married and start the AOS process without delay including applying for work authorization. Start with the GUIDE here...

http://www.visajourney.com/forums/index.ph...page=i130guide2

[50 cool 50 0]

Again,

It would be on your side of the court to PROVE you did not have intention to immigrate -- but by asking the questions here, before getting married; intention to stay is obvious. If you do not prove lack of intent, you will be indeed denied Adjustment of Status and possibly deported.

All of VJ couples -with a few exceptions- have been separated for months or even years. Welcome to the club.

Well we did not expect a child. It just happened and now i need to support my family so would that be O.K?

i had no intention of wanting to live in the U.S.a but now my circumstances have changed i need to work here in the U.S. to support my new family.

and anyway, does the U.S.C.I.s surf this site and use it as evidence when considering your case or something?

It has nothing to do with your intent now you are here. It has to do with your intent on entry to the US. If when you entered the US on your VWP you had no intention of remaining in the US and filing for AOS then the law allows you to file a I-130 and I-485 and adjust your status to LPR. You can not leave the US until your AOS has been approved and you have the Greencard in your hand.

There is a step by step guide here on VJ http://www.visajourney.com/forums/index.ph...page=i130guide2 Have a good read of the guide and all the forms you will need to download as you will need to get things like your birth certificate sent over from the UK.

It is also a good idea to have a meeting with a immigration lawyer to go over your case and make sure there is nothing about your case that will be an issue when doing AOS.

Try to make sure that you are married before your I-94w expires and apply for your AOS as soon as you can. Once you have filed the AOS and the I-130 you will not be here illegally your status will be Adjustment Pending and you are allowed to remain in the US until your AOS is decided. Make sure you file for the EAD along with the AOS it is included in the price, so that once it is approved (about 90 days or so) you will be able to get a SSN and work.

Hope this helps

Exactly. Your description is a classic example of somebody who came for a visit and while here decided to marry and stay. You have tangible reasons for doing so that can be documented. I'd get married and start the AOS process without delay including applying for work authorization. Start with the GUIDE here...

http://www.visajourney.com/forums/index.ph...page=i130guide2

Thanks so much to everyone thats contributed so far.

i have something to admit to you all. in the orgional posting i wrote that i already knew my girlfriend becasue i was embarrassed that we had fallen in love too quickly. But as it happens i met her in the first week i arrived as a tourist in the states and we have been inseperable ever since and now ( 1 week before my VWP expires she is pregnant) sometimes fate deals a strange hand.

We still want to have a nice decent planned wedding ina couple of months so is that doable if a stay, or do we need to get married before we start the ball rolling on the papaerwork?

Also one last thing. whebn i entered the states as a tourist, i did not have an exit ticket in hand. The immigration entry post guy, picked up on it, took me to an office, and questioned me on my intent, saw i am genuine then they happilly issued the VWP. They asked why i had not booked my return ticket. i told them what happened: On the airlingus website, it was not booking ahead 3 months due to the economy problems and fluctuation in oil prices. So i could not purchase an outward bound ticket. Is this going to go against me do you think if do the overstay thing?

Guys, thanks so much !!

[Kez/JWolf 6]

Again,

It would be on your side of the court to PROVE you did not have intention to immigrate -- but by asking the questions here, before getting married; intention to stay is obvious. If you do not prove lack of intent, you will be indeed denied Adjustment of Status and possibly deported.

All of VJ couples -with a few exceptions- have been separated for months or even years. Welcome to the club.

Well we did not expect a child. It just happened and now i need to support my family so would that be O.K?

i had no intention of wanting to live in the U.S.a but now my circumstances have changed i need to work here in the U.S. to support my new family.

and anyway, does the U.S.C.I.s surf this site and use it as evidence when considering your case or something?

It has nothing to do with your intent now you are here. It has to do with your intent on entry to the US. If when you entered the US on your VWP you had no intention of remaining in the US and filing for AOS then the law allows you to file a I-130 and I-485 and adjust your status to LPR. You can not leave the US until your AOS has been approved and you have the Greencard in your hand.

There is a step by step guide here on VJ http://www.visajourney.com/forums/index.ph...page=i130guide2 Have a good read of the guide and all the forms you will need to download as you will need to get things like your birth certificate sent over from the UK.

It is also a good idea to have a meeting with a immigration lawyer to go over your case and make sure there is nothing about your case that will be an issue when doing AOS.

Try to make sure that you are married before your I-94w expires and apply for your AOS as soon as you can. Once you have filed the AOS and the I-130 you will not be here illegally your status will be Adjustment Pending and you are allowed to remain in the US until your AOS is decided. Make sure you file for the EAD along with the AOS it is included in the price, so that once it is approved (about 90 days or so) you will be able to get a SSN and work.

Hope this helps

Exactly. Your description is a classic example of somebody who came for a visit and while here decided to marry and stay. You have tangible reasons for doing so that can be documented. I'd get married and start the AOS process without delay including applying for work authorization. Start with the GUIDE here...

http://www.visajourney.com/forums/index.ph...page=i130guide2

Thanks so much to everyone thats contributed so far.

i have something to admit to you all. in the orgional posting i wrote that i already knew my girlfriend becasue i was embarrassed that we had fallen in love too quickly. But as it happens i met her in the first week i arrived as a tourist in the states and we have been inseperable ever since and now ( 1 week before my VWP expires she is pregnant) sometimes fate deals a strange hand.

We still want to have a nice decent planned wedding ina couple of months so is that doable if a stay, or do we need to get married before we start the ball rolling on the papaerwork?

Also one last thing. whebn i entered the states as a tourist, i did not have an exit ticket in hand. The immigration entry post guy, picked up on it, took me to an office, and questioned me on my intent, saw i am genuine then they happilly issued the VWP. They asked why i had not booked my return ticket. i told them what happened: On the airlingus website, it was not booking ahead 3 months due to the economy problems and fluctuation in oil prices. So i could not purchase an outward bound ticket. Is this going to go against me do you think if do the overstay thing?

Guys, thanks so much !!

The Best thing for you to do is get married as soon as possible you can arrange a Civil Marriage quite quickly and then plan to do a big wedding later on. The important thing for now is to get married. The fact that you only met your future wife after your entry is a big help to your case. As for your lack of a return ticket you will just have to explain as you just did if you are asked about it at your AOS interview. You can not file the AOS paperwork until you are married and have the marriage certificate from your State.

[pushbrk 13,210]

Again,

It would be on your side of the court to PROVE you did not have intention to immigrate -- but by asking the questions here, before getting married; intention to stay is obvious. If you do not prove lack of intent, you will be indeed denied Adjustment of Status and possibly deported.

All of VJ couples -with a few exceptions- have been separated for months or even years. Welcome to the club.

Well we did not expect a child. It just happened and now i need to support my family so would that be O.K?

i had no intention of wanting to live in the U.S.a but now my circumstances have changed i need to work here in the U.S. to support my new family.

and anyway, does the U.S.C.I.s surf this site and use it as evidence when considering your case or something?

It has nothing to do with your intent now you are here. It has to do with your intent on entry to the US. If when you entered the US on your VWP you had no intention of remaining in the US and filing for AOS then the law allows you to file a I-130 and I-485 and adjust your status to LPR. You can not leave the US until your AOS has been approved and you have the Greencard in your hand.

There is a step by step guide here on VJ http://www.visajourney.com/forums/index.ph...page=i130guide2 Have a good read of the guide and all the forms you will need to download as you will need to get things like your birth certificate sent over from the UK.

It is also a good idea to have a meeting with a immigration lawyer to go over your case and make sure there is nothing about your case that will be an issue when doing AOS.

Try to make sure that you are married before your I-94w expires and apply for your AOS as soon as you can. Once you have filed the AOS and the I-130 you will not be here illegally your status will be Adjustment Pending and you are allowed to remain in the US until your AOS is decided. Make sure you file for the EAD along with the AOS it is included in the price, so that once it is approved (about 90 days or so) you will be able to get a SSN and work.

Hope this helps

Exactly. Your description is a classic example of somebody who came for a visit and while here decided to marry and stay. You have tangible reasons for doing so that can be documented. I'd get married and start the AOS process without delay including applying for work authorization. Start with the GUIDE here...

http://www.visajourney.com/forums/index.ph...page=i130guide2

Thanks so much to everyone thats contributed so far.

i have something to admit to you all. in the orgional posting i wrote that i already knew my girlfriend becasue i was embarrassed that we had fallen in love too quickly. But as it happens i met her in the first week i arrived as a tourist in the states and we have been inseperable ever since and now ( 1 week before my VWP expires she is pregnant) sometimes fate deals a strange hand.

We still want to have a nice decent planned wedding ina couple of months so is that doable if a stay, or do we need to get married before we start the ball rolling on the papaerwork?

Also one last thing. whebn i entered the states as a tourist, i did not have an exit ticket in hand. The immigration entry post guy, picked up on it, took me to an office, and questioned me on my intent, saw i am genuine then they happilly issued the VWP. They asked why i had not booked my return ticket. i told them what happened: On the airlingus website, it was not booking ahead 3 months due to the economy problems and fluctuation in oil prices. So i could not purchase an outward bound ticket. Is this going to go against me do you think if do the overstay thing?

Guys, thanks so much !!

The Best thing for you to do is get married as soon as possible you can arrange a Civil Marriage quite quickly and then plan to do a big wedding later on. The important thing for now is to get married. The fact that you only met your future wife after your entry is a big help to your case. As for your lack of a return ticket you will just have to explain as you just did if you are asked about it at your AOS interview. You can not file the AOS paperwork until you are married and have the marriage certificate from your State.

You can still have a planned wedding later but cannot start the paperwork to adjust status until you have a legal marriage certificate in hand. Not meeting until after your arrival is definitely helpful to your case. Fortunately this lie didn't get you the wrong advice but the next one might. Be honest.

Any overstay will be forgiven but I presume you'll want to start working to pay for that baby and your new life, so delay delays. Baby's don't wait.

[50 cool 50 0]

thanks guys for all your help.!!

My head is somewhat clearer now and the confidence is returning!

i notice that most couples on here have been through this,

i hope sometime I can do the same!

god Bless

50