starting my journey any help will be great (merged threads)

[tiroloca 0]

Hello there....looking forward for some help

i visit my family every 4 year for holiday with my kids from australia but this time after few weeks i meet a wonderful person, neighbor of my parent, he is us citizen and we fall in love, i was suppose to stay 3 week but i decide to cancel my flight and stay the 3 months period i'm allowed in the waiver visa i arrive for spend more time together...passing the days we got so attache to think about soon i will have to go back to australia and be separate was hard and even painful the thought and i knew i will be not able to return before 3 or 4 year for that is what take me safe up for be able to travel for holiday to usa with my 2 kids and for sure this relation will end and we don't want that to happen....we decide to get married and start a life together here, we did a small party with his close friends and few of my family but i did not have idea what we decide to go into still now to we start to look information to change my visa for stay here with him....i married 1 week ago and i thought to change my status here will be kind of easy but is not and i'm starting to freak out with all the things i'm reading about the process and i was suppose to leave before the 18 of april and we start to think to will be impossible to prepare all the document they ask for fill the papers for change my status here in usa...for more we read i can found answer to few question we have about how to do this....like example my kids....they have the visa waiver too, they get benefit from my i-130 application or we need to fill one to each of them at the same time with my application and if they need to have done i-485 too, we just meet and we did not plan this and because of that we really don't have much or kind of nothing together to proof bona fide in our married....my friend start to sell my stuff in australia for us be able to use that money and his saving to get house together in the future but at the moment we don't even have a place together, he live in a room he rent in the house by the side of my parents house and i and my kids are staying in my parents house, at night went he come from work i go to him and we spend the night together but that not help with proving nothing about how real is our married....yes we going to move together as soon i sell all my stuff in australia and we found a house here but i don't think that will happen in the next 10 day to is what i have for fill the documents and proof bona fide....can any body please help or give us advise about what to do...thanks in advance.

[Georgia16 2,858]

Overstay is forgiven when married to a USC. You do need to provide proof of bona fide relationship as you say. Joint accounts, joint leases, joint whatever you can find.

The kids needs to adjust status too...

there is a forum for staying and adjusting I'll add the link for you.

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

And here is the guide you guys need to follow:

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

Was it okay with your children father that you stayed with them, otherwise you might get in trouble with that.

Edited April 8, 2016 by Georgia16

[tiroloca 0]

thanks a lot for you help....give me some peace to know we will not get in trouble for over stay.....and yes the dad of my kids are ok with it....they been living always with....in australia he see the kids twice a year, he work traveling and we live like 6 hour in plane from him and will not make difference if we live here

[Anh map 2,098]

Read the Guides here on VJ to learn the process.

You may need permission from the children's father for them to emigrate to the US.

You will need to give evidence of a bona fide relationship, not just an arrangement for immigration.

Your US spouse will need to give evidence of sufficient income to sponsor you and your children.

Your spouse will file the petitions to begin the process.

It won't be fast, and it is expensive. You won't be able to work for a few months.

Best of luck.

[Georgia16 2,858]

thanks a lot for you help....give me some peace to know we will not get in trouble for over stay.....and yes the dad of my kids are ok with it....they been living always with....in australia he see the kids twice a year, he work traveling and we live like 6 hour in plane from him and will not make difference if we live here

That's great!! ... See if you can get a written note from him stating it's okay just so you have it in case you'll need it in the future.

People in here are very helpful so feel free to ask questions if you are in doubt. As you can see in that forum you are not alone in that route you guys are taking. So relax and enjoy it you'll be fine

[Jack2107 46]

Let me get this right.. You met your parents neighbor and feel in loved and got married within a 3 month period??????

[tiroloca 0]

anh map....thanks for advice

jack2107.....yeap.....i been always this type of person to fall in love and fallow my heart....why to wait....life is just one....i meet the father of my girls and after 2 months we got married and we divorce after 8 year of married that was 4 year ago and i been alone still now....why to wait or risk our love not survive the distance....i'm realistic....i know i cant afford to travel often here or him going there and relation in distance for long period end soon or late and after 4 year i found love again why we should not be together....not body knows what tomorrow will bring....i believe people should live the moment between you have it there....how a old say said....don't left for tomorrow what can be done to day :-)

Edited April 8, 2016 by tiroloca

[Anh map 2,098]

The story is cute and fun, but you will need more evidence of a bona fide relationship.

in the US and lving apart after a spur of the moment decision to marry will look suspicious and likely to prompt extra scrutiny.

[JFH 12,191]

thanks a lot for you help....give me some peace to know we will not get in trouble for over stay.....and yes the dad of my kids are ok with it....they been living always with....in australia he see the kids twice a year, he work traveling and we live like 6 hour in plane from him and will not make difference if we live here

But you will probably need someone permission from him to take the children out of the country permanently. Does he know that you are planning to stay with your parent's neighbour and never return? That could mean he never sees his children again. In the UK, you have to get permission to take someone's child out of the country for good. I imagine it's a similar situation in Australia.

This neighbour needs to find a better job and a place for you all to live. You do realise you won't be able to work for several months? What about schooling for your children?

It's a very unusual story.

Edited April 8, 2016 by JFH

[tiroloca 0]

here i'm filing papers.....my husband have 2 job and don't have much time for this and like i'm not working we agree to me take care of the paperwork....is so confusing....thanks for advice....i will ask for a writing consent just to keep it in case....i been reading to my case with the type of visa i came in if you can call it visa to is visa waiver program is not allowed to do this after my 90 day is up....you said i can over stay and will be ok but not sure if can be done with the type of visa i arrive....do you know if have a way i can check if is ok i over stay with visa waiver??

[JFH 12,191]

It's never "OK" to overstay on any visa or the VWP. However, overstays are forgiven for spouses of US citizens.

You are still out of status after the 90 days so the sooner you file the better.

[aleful 1,905]

hi

I would advise waiting, if you decide to stay, or decide to return to your country, you need time, to file now looks very suspicious, you don't even live together

the best would be to return and your husband file the i130, but no one here can force you to leave, I'd wait a while

[tiroloca 0]

that depend what agreement you have went divorce....i have the sole decision were the kids and me live....he don't care much about it and he will have maybe more chance to see the kids here, he travel a lot to USA for work....and my new husband work 2 work that is not problem and im selling my car and all my stuff in australia and i have savings....we going to look for place to live soon together....the problem is now to we will start to apply and we don't have much yet for been just 2 month we know each other and just 1 week married and we have to apply in the next 10 days that is why we cant proof much but the plan is as soon i finish to sell everything there and give my house back to look for place here and start building our life together.

[Georgia16 2,858]

that depend what agreement you have went divorce....i have the sole decision were the kids and me live....he don't care much about it and he will have maybe more chance to see the kids here, he travel a lot to USA for work....and my new husband work 2 work that is not problem and im selling my car and all my stuff in australia and i have savings....we going to look for place to live soon together....the problem is now to we will start to apply and we don't have much yet for been just 2 month we know each other and just 1 week married and we have to apply in the next 10 days that is why we cant proof much but the plan is as soon i finish to sell everything there and give my house back to look for place here and start building our life together.

kay just to warn you it is very expensive and especially when you also have 2 kids.

[tiroloca 0]

i'm not yet out of status....i will be the 18 of this month that is why we are trying to fill before the 18 to avoid more trouble and that is why we are worried for we never thought will be that difficult and we need that much papers....i only hope they accept the application like that from here to the interview we will be ready living in our own place and have more stuff together to be able to proof our married is for real.