Help!!

[George-W-Bush 0]

Hello,

So last week i entered the US with my wife to visit her mother who is sick, now we are and seeing that her mother is going to need more help than first thought, we have discussed it and want to stay and set up home here in New Jersey.

I'm a British citizen and my wife is an American we have lived together in Barcelona(spain) for 9 months and got married just over 3 months ago in Edinburgh(UK), i entered the US on am old Visa Waiver that i've held for about 1 year(before i met my wife).

WHAT DO I DO NOW??? i've been all over the internet and found conflicting stories, Do i apply for for adjustment of status? Even though My wife is looking for work we have limited funds so really we cant afford a lawyer. Can anyone point us in the right direction.

Thanks in advance

[Harpa Timsah 13,258]

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

[together4evr 360]

Since you are married...did the immigration ask ou what you were going to do here? and what was your answer? Because if you said visiting wifes family then I'll believe that while you were visiting you felt it safer to stay due to hardship conditions. But you have to convince a CO that your motives were innocent. If you lied to the border police at any time, it is documented in the system and when you apply it will be found out and you can have a lifetime ban. So, did you lie that you were married? Did you lie about being married at any time to the government. Did you lie about who you would visit?

I always recommend people go back to there country and do things the right way. So you will not get a lifetime ban for misrepresntation on government forms or to a government offical

If you came here for a visit then I am sure you still kept your job and home back home so it should not be an issue.

[George-W-Bush 0]

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

Thank you Harper

[George-W-Bush 0]

Since you are married...did the immigration ask ou what you were going to do here? and what was your answer? Because if you said visiting wifes family then I'll believe that while you were visiting you felt it safer to stay due to hardship conditions. But you have to convince a CO that your motives were innocent. If you lied to the border police at any time, it is documented in the system and when you apply it will be found out and you can have a lifetime ban. So, did you lie that you were married? Did you lie about being married at any time to the government. Did you lie about who you would visit?

I always recommend people go back to there country and do things the right way. So you will not get a lifetime ban for misrepresntation on government forms or to a government offical

If you came here for a visit then I am sure you still kept your job and home back home so it should not be an issue.

Thanks for your advice, However i certainly haven't and don't intend to lie to anyone. WOW! in such a hostile environment perhaps a lawyer would be a worthwhile investment.

[together4evr 360]

If you did not lie to immigration then you have no worries.

You apply from USA

You will need to explain why you stayed.

But it sounds like a legitamite reason to take care of mom

I have a mom who is sick too so I understand the need.

If you were honest you should be ok.

Good Luck and prayers for your motherin law

[Moomin 292]

GeorgeWB,

It might seem hostile but it's meant as honest advise - and for a reason. You're getting conflicting answers when searching on the Internet for a solution because many have successfully adjusted their status from VWP. It is legal as long as you didn't have the intent to to it before buying your ticket or boarding your plane. There are many with your story where they suddenly changed their mind after a week or two of visiting. I'm betting most of them didn't feel bad about not going home and finishing things up at home before the big move. When that's the case, it seems a bit premeditated. It took me quite a few months to up-and-go and prepare to move overseas.

Having said that, there are circumstances where the circumstances change after arriving to the US. Some CBPs - when in doubt - won't hesitate to refuse you entry, or have you sign a sworn statement(or stamp your passport/visa) with you not being allowed to AOS. YOu don't have to prove that you entered US without intent to stay - CBP determined that when you were inspected. Since then, your situation changed and you'd like to AOS. It's legal. Just remember that you signed away your right for any appeal IF your AOS is denied. THat goes for everybody entering on VWP.

You were given a link on how to proceed. It's AOS from tourist visa, and the 2 basic forms are i-130 and i-485. Then ALL the supporting evidence, copies of whatever you'll need. The fees for work authorization(form i-765) and Advanced parole(form i-131) are waived when you submit them with the i-485.

The advise here is mostly given from members willing to guide you. But there are people making up excuses to take a shortcut. This forum consists of people who paid alot in both money and waiting during the process.

[George-W-Bush 0]

Thank you very much for your clear and honest advice. I should have mention that of course i would need to return home to Spain to sort my affairs(we have return flights in 1 month), however i have also read that once this application has be started its not a good idea to leave the US!?! I'm sorry and i understand completely my story sounds like a "likely one" but i can assure you im sat here at 1am on the internet very concerned that i may somehow be separated from my wife, she is Spanish resident but at the moment i just couldn't ask her to leave her mom.

My heart goes out to all those on here who are separated from there love ones, I never thought i would find myself in this situation.

Very worried before i even start

[Moomin 292]

You're welcome.

Well, if you file for adjustment of status from within the US, then it's not only a bad idea to leave while it's pending. It will be considered abandoned unless you have AP(Advanced Parole) in your hand at the time of leaving. The processing time of it is about 3 months, sometimes quicker.

To make it clear; you can leave the US anytime you'd like but the odds of being let in are about the same as winning the jackpot. Then you're back to square one.

[Penguin_ie 5,996]

**** Moving from AOS from Family visa to AOS from Tourist as OP came on the VWP ****

[belinda63 3,047]

Your original entry would probably be OK to adjust status from as you did not intend to remain, circumstances dictated a change in plans. If you leave and then come back to file AOS you would have the intent to immigrate when you arrived, this is not a good thing as it is seen as circumventing immigration laws.

You have two choices really, file for AOS now and wait a few months to receive your Advance Parole or return home and have your wife file for the CR-1. Or maybe your wife could make a quick trip back if their are things that can't wait until you receive your AP?

[Harpa Timsah 13,258]

Thank you very much for your clear and honest advice. I should have mention that of course i would need to return home to Spain to sort my affairs(we have return flights in 1 month),

If you file for Adjustment of Status, you cannot travel in one month, or your application will be abandoned and you will lose your fees and probably not be able to come back on any tourist visa because you have clear immigrant intent. So, your choices are as follows: 1. you can file for AOS, and wait until your travel permission is approved (will take 90 days) or 2. you can start the process for a spousal visa.

If you go with choice 2, you can continue to visit the US while it is processing, as long as you abide by the terms of your VWP. That process will take 8-12 months. Obviously, you will have to fly back and forth and spend around half of the time outside the US.

If you go with choice 1, you will have to stay here for a few months until you get travel permission. Technically, you are not forced to stay here, you can leave at any time, but if you leave before you have this permission, you will lose your fees and abandon your process, and probably won't be coming back to visit any time soon.

Some tough decisions to make, but your choice. Good luck.

[jdh 103]

Sorry about the circumstances of your move and I hope that your mom-in-law is doing ok.

Do not worry about your case too much. Just be careful to fill out all forms correctly. From what I have read, and I have been reading a lot, intent in most cases does not even come up. It is generally accepted and in the field manual that providing there are no other negatives intent should not be considered as reason for denial to your petition (for the spouse of a US citizen).

The border crossing guard had his or her opportunity to inspect you and your character and he approved you to enter the country. Your circumstances changed and now you want to AOS...no worries.

[bigdog 376]

I think you will be OK, but as you said maybe an attorney. Most of us here think they take your money for nothing, but you have an interesting case. Find a good and honest one if you need to.

[MDM24 1]

wouldn't it be faster for him to go back to his country and apply for CR-1 through consular processing since she has been living with him over there. I thought it would be faster than applying here in the US for CR1 anyway. (avoiding the 6month wait)