Is there any way we can stay together in the states?!

[Emmet+Jonathan 1]

hi people!

we're struggling.. So many papers, so much time and confusion regarding how to make it right?!

We meet last year when I (Emmet) did my studies in San Francisco, Jonathan then came with me for four months to argentina and europe for my finals. Spending 6 weeks apart when J went back to SF and me saving money for a ticket in Sweden. Finally together again beginning November, but how do we proceed now? Our plan was to get married in the middle of January and then file all the I-130 paperwork. But my ticket back to Sweden is the 29th of January (since I can't stay longer on a tourist visa) Seeing the timeline for the IR1/CR1 visa we now fear that we have to be parted for 8 months??! Does anyone now if there's a way for me to stay here? Do I have to go back?

I'd be thankful for all help!!

[misterbigtoe 45]

hi people!

we're struggling.. So many papers, so much time and confusion regarding how to make it right?!

We meet last year when I (Emmet) did my studies in San Francisco, Jonathan then came with me for four months to argentina and europe for my finals. Spending 6 weeks apart when J went back to SF and me saving money for a ticket in Sweden. Finally together again beginning November, but how do we proceed now? Our plan was to get married in the middle of January and then file all the I-130 paperwork. But my ticket back to Sweden is the 29th of January (since I can't stay longer on a tourist visa) Seeing the timeline for the IR1/CR1 visa we now fear that we have to be parted for 8 months??! Does anyone now if there's a way for me to stay here? Do I have to go back?

I'd be thankful for all help!!

http://www.visajourney.com/wiki/index.php/IR1_and_CR1_Immigrant_Visas Here is where you start.

[Penguin_ie 5,993]

Are you both male? Forgive me, but your names both sound male to me and if so, there is no spousal visa or path to a greencard for you.

Assuming you are a male/ female couple, you can marry and adjust status assuming you did not intend to immigrate when you got here- you will need to prove that by showing employment or university enrollment back home, a lease to a house, bills etc.... If you have doubts about being able to provide this, your best best is to marry now and start the CR-1 paperwork, then leave when your time is up. You can still visit during the process.

[Brother Hesekiel 2,236]

How about you get married in January as planed, and then file for Adjustment of Status (AOS) from within the US? The moment your AOS petition is received, your status becomes "status pending" and you are legally present in the US until it is adjudicated. But even if you overstayed, it would not be made an issue when doing AOS, as long as you entered with a visa, and NOT without a visa as part of the VWP.

The only disadvantage would be that you can't leave the US until the AOS petition is approved, which can take half a year or even longer.

Edited December 10, 2010 by Just Bob

[Harpa Timsah 13,258]

Sweden is a Visa Waiver Program country, and the timeline fits that the OP came in early November and needs to leave by January.

OP - You can get married and adjust in country because you were not intending to immigrate here when you arrived. If you entered on the VWP as I think you did then you need to get the paperwork accepted before your time is up if you want to go this route; that usually takes at least a week. There is also a lot of paperwork to get sorted. And, as Bob says, you can't leave the county for a few months until you get your temporary travel document called Advance Parole... once you get your greencard you don't need the AP anymore. Good luck!

Here is the guide:

http://www.visajourney.com/content/i130guide2

[Emmet+Jonathan 1]

thanks guys!

had no idea about the AOS, we can totally do that! So so happy, we can stay together!! YES!

[Emmet+Jonathan 1]

Sweden is a Visa Waiver Program country, and the timeline fits that the OP came in early November and needs to leave by January.

OP - You can get married and adjust in country because you were not intending to immigrate here when you arrived. If you entered on the VWP as I think you did then you need to get the paperwork accepted before your time is up if you want to go this route; that usually takes at least a week. There is also a lot of paperwork to get sorted. And, as Bob says, you can't leave the county for a few months until you get your temporary travel document called Advance Parole... once you get your greencard you don't need the AP anymore. Good luck!

Here is the guide:

http://www.visajourney.com/content/i130guide2

Very helpful!!

However I just saw smthn that make me worry a bit.. I did as you say arrive here through the VWP, and not on a tourist visa. In another forum there was talks about how it then isn't possible to apply AOS? DO you now anything about this? Apart from this little worry.. and some stress rgrd all that needs to be done in such short time I'm so relieved and HAPPY we can stay together

[Amy and Nick 37]

AOS on VWP is a bit of a tetchy situation at the moment. It used to be fine. At the moment they seem to be cracking down on people who overstay a visa waiver and apply for AOS, denying many.

However if you had no intention when you entered to apply for AOS, you SHOULD be fine.

I was in the same situation - arrived on VWP got married and planned to apply for AOS (no intention to do this before I arrived). However after a consultation with a lawyer, decided it was still too risky, as there is always the possibility of the 3 or 10 year bans if you get a denial and its been more than 180 days.

8 months apart, a lifetime together!

However, our decision was also based ont he fact that if i was denied, it would be near impossible for the hubby to move to England to wait out the ban, as he has a great job/career, and it would have just messed everything up.

SO, weigh up the pros and cons!

Good luck!

[Emmet+Jonathan 1]

AOS on VWP is a bit of a tetchy situation at the moment. It used to be fine. At the moment they seem to be cracking down on people who overstay a visa waiver and apply for AOS, denying many.

However if you had no intention when you entered to apply for AOS, you SHOULD be fine.

I was in the same situation - arrived on VWP got married and planned to apply for AOS (no intention to do this before I arrived). However after a consultation with a lawyer, decided it was still too risky, as there is always the possibility of the 3 or 10 year bans if you get a denial and its been more than 180 days.

8 months apart, a lifetime together!

However, our decision was also based ont he fact that if i was denied, it would be near impossible for the hubby to move to England to wait out the ban, as he has a great job/career, and it would have just messed everything up.

SO, weigh up the pros and cons!

Good luck!

we didn't plan to do the aos, didn't even know of it's existence until I became a member of visajourney. I came to the states after us being apart for six weeks (an eternity so we could figure out how, when and where to get married and continue our life together. when asking on visajourney if there's any possible way we could stay together I was told about the aos solution so that's now what we're doing.. and I haven't overstayed my vwa (expires 31st of Jan). I was just worried it's problem doing the aos from an vwa, but it's not if we apply and the package and payment is noticed before my 90 days are done, right?

also... what number should I fill in the I-130 where it says Alien Registration number? And since I'm part of the vwa I don't have a Nonimmigrant Visa Number or a consulate where my visa was issued.. do I write VWA online for the consulate and the application number I was recieved as the visa number? Don't want to make stupid mistakes and stress out when time has come to fill the papers out for real!

[Deputy Purple 1,294]

We meet last year when I (Emmet) did my studies in San Francisco, Jonathan then came with me for four months to argentina and europe for my finals.

Since you didn't answer the question the first time another member asked:

Both Emmet & Jonathan seem to me male names, are you a same sex couple?

If you are then you need to understand the the US Federal Government doesn't recognize same sex marriages and therefore won't issue immigration benefits based on a same sex marriage.

[Emmet+Jonathan 1]

Since you didn't answer the question the first time another member asked:

Both Emmet & Jonathan seem to me male names, are you a same sex couple?

If you are then you need to understand the the US Federal Government doesn't recognize same sex marriages and therefore won't issue immigration benefits based on a same sex marriage.

I am female, Jonathan male. I assumed that was understood since the conversation was kept going.

[Deputy Purple 1,294]

I am female, Jonathan male. I assumed that was understood since the conversation was kept going.

Okay, thanks for the answer. FWIW, nothing should be assumed due to lack of answers. There have been many instances where posters ignored questions they didn't want to answer or simply missed the question in their reading. Generally if someone is asking a specific question when replying to your thread it's because that information is needed to be sure you're getting the best possible advice.

For the forms required for AOS, anywhere is asks for an Alien registration Number just put in N/A as it doesn't apply to your case.

[Emmet+Jonathan 1]

Okay, thanks for the answer. FWIW, nothing should be assumed due to lack of answers. There have been many instances where posters ignored questions they didn't want to answer or simply missed the question in their reading. Generally if someone is asking a specific question when replying to your thread it's because that information is needed to be sure you're getting the best possible advice.

For the forms required for AOS, anywhere is asks for an Alien registration Number just put in N/A as it doesn't apply to your case.

ok, thanks!