Beginning of the process...Help!

[antda 13]

P.S. The next steps for you (WITHOUT PRIOR INTENTION TO IMMIGRATE ON YOUR VISIT) are:

1) GET MARRIED. DO NOT LEAVE THE USA AND DO NOT RETURN TO YOUR FORMER COUNTRY until your case has been fully approved, otherwise your case will be abandonded and you will run into the risk of never being able to come back to the ever USA again.

2) File the following paperwork: I-130 (Petiton for Family Member), I-485 (Adjustment of Status), I-864 (Affidavit of Support), I-765 and I-131 (Employment Authorization and Advanced Parole), and the I-693 (medical forms).

3) Hire a good immigration lawyer, if you run into any more problems, and/or if you are totally unsure about your situation.

Hope this helps too. Good luck on your journeys..

Ant

Edited December 31, 2009 by Ant+D+BabyA

[Jon&Lindsey 0]

From the I-485 instructions:

"10. Who is not eligible to adjust status?

...

10K. You were admitted to the United States as a visitor under the Visa Waiver Program, unless you are applying because you are an immediate relative of a U.S. citizen (parent, spouse, widow, widower or unmarried child under 21 years of age)"

So, if you are on the VWP and are a spouse (ie immediate relative) you can adjust. Of course it is fraud to enter on the VWP intending to stay, and adjusting from VWP does have risks and isn't easy, but it's not true to say that the K1/CR1 is the *only* legal way to do things.

[Raptor 0]

He lived in the Netherlands you say, yet he was attending a "Dutch language school". So is he a citizen of the Netherlands or some other country ?

No, he lived there, but I lived with him and I was the one going to Dutch language school. He is Dutch.

[Raptor 0]

No, he lived there, but I lived with him and I was the one going to Dutch language school. He is Dutch.

Also, I understand what everyone is saying about prior intent. We didn't intend to do all this when we came here. We weren't trying to break any laws, we were just trying to have a nice vacation and visit friends.

[FortLaudy 10]

He can adjust from VWP without any problem if you can prove you have no prior intent and AND an IO believes the two of you ... everyone on here is correct about the law and you're not doing anything illegal if you had no prior intent... you just have to know the risks you're taking and that's what I was trying to stress - no appeal on AOS denial and no use of VWP ever again on AOS denial after overstay... if you feel like you have enough evidence of no prior intent (him losing his job might be an issue, IF asked about intent) and you're willing to take the risks then by all means go ahead and file... if you feel like you don't have enough evidence to prove no prior intent and don't want to take the risks, then get married, he goes back and returns on CR-1... safe as can be !

For me - someone whose family makes use of the VWP - taking such a risk would be out of the question, because I weigh up everything that could possibly go wrong and just tend to stick to a safer option: For example.. hypothetical of course...

What if you decide to dump him somewhere after his VWP ran out but before AOS decision? Result for him: Overstay = no more use of VWP in future, ever again.

But you know your situation better, I think you got a lot of Really good advice from VJ'ers to make an informed decision, lucky you for finding VJ, so many people go about things so clueless and think just because they married a USC everything will be fine... not true, you still have to come up with some weird types of "evidence" to prove your intent, lol !