Married while visiting on VWP. Question about overstay and a couple of other things?

[MNCouple 3]

Hello,

I have to say there is some great information on this forum and I am so pleased and relieved to have found this website. My fiance and I met online via an online social network/gaming community in May of 2008. I was married at the time but my husband and I were having difficulties and we eventually went into counseling and then divorce. (I began the divorce in February of 09).

In January, my friend came to visit me for two weeks, we wanted to finally meet and I was having a rough time with the separation from my husband. My husband moved out of our home in February and I was unemployed. I was having a bit of a rough time again, so my friend decided to come back over and spend some more time with me. He arrived in late March.

He came into the US with a return flight with NO intention to marry me (I was, in fact, still going through the divorce process!). But, he did plan to stay for the full 90 days or so. While he was here we grew closer and closer together and now we just don't want to be apart, so we are going to get married.

He came in legally on the visa waiver program. His flight to return was June 15th, but he's canceled as we are planning to get married. If we get married on the 16th or 17th, will that be considered an illegal overstay and result in immediate deportation?

We have many emails and phone records of our relationship. I spoke at length with my marriage counselor about my friend, etc. I have pictures of his trip in January, pictures of his first trip to my mother's farm... etc, etc. We have also been together 24/7 since I'm unemployed and he can't work. So in my mind I think I have good evidence to show this is a legitimate relationship. I also know we need to file an I-130 and I-485 right away. Are those the only ones we need to send in right away or is there another one we are missing?

Oh, I've also heard mention of "file a petition to classify as a spouse" - is that taken care of in the 130 or 485 or is that something else?

I appreciate your thoughts and comments. Thank you all for your support and advice.

Cheers.

[bantam 0]

You sound good to go. File I-130, I-485, and I-765 (if he wants to work before green card) with all evidence asked for that apply to you in the instructions of each document.

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

Good luck. I had a similar story to you (also with slight overstay), feel free to PM me any questions if you get discouraged by any VWP naysayers.

Edited May 12, 2009 by bantam

[Anh map 2,098]

There is also the I-864 affidavit of support ( http://www.uscis.gov/files/form/I-864.pdf) that you will have to file. If you are not currently employed you will definitely need a co-sponsor. The I-864P gives the income guidelines ( http://www.uscis.gov/files/form/I-864P.pdf )

Edited May 12, 2009 by Anh map

[elmcitymaven 9,712]

Moving this to AOS from Work, Student & Tourist Visas, as the OP's fiance entered on the VWP.

Bantam's advice is right -- you do sound good to go. Good luck!

[Kar98 0]

Sounds good. Does he still have a trusted person in his home country who might be tasked with fetching documents?

I-485 (app to adjust status), I-130 (petition for alien relative), I-765 (work permit so he can work while waiting for the process to move along), G-325A (biographical info, for you and him, I-864 (does your income meet the requirements = 125% of poverty level? yes? good to go, otherwise you'll need a co-sponsor), I-693 (medical), I-131 (advance parole, needed for re-entry if he intends to travel out of the US while in AOS. wouldn't bother with that in case of VWP overstay).

Birth certs, divorce decrees, passport photos etc etc. Cost of process is in the $1,400-ish range for fees, plus incidentals, like traveling money and medical. No need to involve a lawyer. The process is pretty straight forward. Just follow the instructions to the letter! And feel free to ask even seemingly stupid questions.

E-mails, we've included. I don't think they were looked at. Phone records and text messages are kinda hard to produce physical copies of.

We've been married since Sep 26 08, took our time to straighten up our paperwork, mailed everything off Jan 12 of 09, received work permit April 6, AOS interview was Apr 17, physical green card arrived May 6.

Edited May 13, 2009 by Kar98

[trillium13 84]

You may want to read through this thread:

http://www.visajourney.com/forums/index.ph...93961&st=15

It's not the exact same situation as yours, but similar. There is a discussion of the fact that there are other options besides marrying on the VWP, and the pros and cons of all. It's alot easier for me to post this link than to try to explain all about something that I'm not fully educated on.

Hubby and I adjusted from VWP, so yes it can be done, and with overstay. There are other options though, that you should probably at least consider. Good luck!