Looking for advice on how to proceed

[slhudson 1]

I am a US citizen. I met my now husband in April of 2009 in England on holiday. I went back in August 2009. He came here in November 2009 and proposed marriage and I said yes. He came again in March 2010 and after he left, we discovered I was pregnant. He came again in May of 2010. Our intentions were to get married and file paperwork but life took over. We were married in September 2010 and our son was born in November 2010. The numbers...

He was admitted on May 24th 2010 on a 90 day visa waiver program

We were married on Sept 18th 2010

Son born November 10th 2010

He's been here all along, not having gone back since May of 2010.

We're finally in a position to have the money to file paperwork and I'd like to know what advice people have as to where to go from here. I am the wage earner and he's been a stay at home dad. I have a child from a previous marriage whom my husband also looks after while I work. It would be spiritually crushing cruelty of the cruelest kind to separate my youngest son from his father as well as financially crushing for me to seek childcare in the event of deportation. I have in part put off this whole proceeding for those reasons but we're at the point where we're talking about expanding our family and he'd like to work and let me stay home.

I'm thinking of filing the I 130 to start.

Edited February 26, 2012 by slhudson

[Ryan H 3,834]

Moved from AOS/family based visa to AOS/work, student, or tourist visa forum; OP's husband entered US on VWP.

To start the process, you would concurrently file an I-130 and I-485.

[jdh 103]

I am a US citizen. I met my now husband in April of 2009 in England on holiday. I went back in August 2009. He came here in November 2009 and proposed marriage and I said yes. He came again in March 2010 and after he left, we discovered I was pregnant. He came again in May of 2010. Our intentions were to get married and file paperwork but life took over. We were married in September 2010 and our son was born in November 2010. The numbers...

He was admitted on May 24th 2010 on a 90 day visa waiver program

We were married on Sept 18th 2010

Son born November 10th 2010

He's been here all along, not having gone back since May of 2010.

We're finally in a position to have the money to file paperwork and I'd like to know what advice people have as to where to go from here. I am the wage earner and he's been a stay at home dad. I have a child from a previous marriage whom my husband also looks after while I work. It would be spiritually crushing cruelty of the cruelest kind to separate my youngest son from his father as well as financially crushing for me to seek childcare in the event of deportation. I have in part put off this whole proceeding for those reasons but we're at the point where we're talking about expanding our family and he'd like to work and let me stay home.

I'm thinking of filing the I 130 to start.

I don't see much difference in your situation and a lot of others in here.

He would be considered overstay, but since you are a US citizen they should forgive that...

The only question would be if he moved here in may with the intent of staying...that could pose a problem.

Aside from that you should just file everything at once, concurrently. I-130, I-485, I-765 - the whole shebang.

[slhudson 1]

Moved from AOS/family based visa to AOS/work, student, or tourist visa forum; OP's husband entered US on VWP.

To start the process, you would concurrently file an I-130 and I-485.

My concern is with the I-485. My husband falls under Section 10-D of the instructions which states the following are ineligible to file form I 485 "Your authorized stay expired before you filed this application

My fear is if I concurrently file, we'll be notified of removal proceedings and that is my greatest fear.

[Harpa Timsah 13,258]

My concern is with the I-485. My husband falls under Section 10-D of the instructions which states the following are ineligible to file form I 485 "Your authorized stay expired before you filed this application

My fear is if I concurrently file, we'll be notified of removal proceedings and that is my greatest fear.

Please don't fear. Overstay is irrelevant/forgiven for spouses of US Citizens who adjust in-country. If you read further you will find that it says overstay is a problem "unless an immediate relative of a USC."

Follow this guide: http://www.visajourney.com/content/i130guide2

Your situation is really the sort of thing concurrent filing was invented for. He won't be deported. File ASAP, relax, and good luck.

Edit: If you chase the I-130 spousal visa path, your husband will have to leave the country for his interview and doing so will trigger a ban to reentry that will require a separate waiver, more time, and $$. Adjusting in-country will require no such thing. FIling a I-130 by itself does not give any status, but the pending I-485 will cause him to enter a new period of authorized stay. The concurrent path, for you, is the one with the least amount of hassle, not the most.

Edited February 26, 2012 by Harpa Timsah

[Ryan H 3,834]

Edit: If you chase the I-130 spousal visa path, your husband will have to leave the country for his interview and doing so will trigger a ban to reentry that will require a separate waiver, more time, and $$. Adjusting in-country will require no such thing. FIling a I-130 by itself does not give any status, but the pending I-485 will cause him to enter a new period of authorized stay. The concurrent path, for you, is the one with the least amount of hassle, not the most.

OP, I ditto this and would add the following, your husband must not leave the US while the AOS is pending or the ban will be triggered.

[slhudson 1]

Excellent, thank you so much! File tomorrow, I'll keep a record. Wish us luck!

[Ines1987 3]

Excellent, thank you so much! File tomorrow, I'll keep a record. Wish us luck!

Make sure to read the guides etc before you send everything off. If you forget any of the required paperwork or evidence, you'll get a request for further evidence that will slow you down. So make sure to go through everything and double (or triple) check before you send it off...

good luck