Concurrent filing advice

[MMLH 0]

Need some guidance here

Basic timeline:

Met online 2009 with ongoing relationship and number of visits to US

Planned marriage a few days prior to flight in 2013

Entered US under VWP 2013 with return flight 2 weeks later

Married 4 days after entering (was not asked purpose of visit at PoE)

Decided to extend trip and booked flights to leave on 89th day of VWP

Went to airport on said day but missed gate closure time and rebooked flights for the following day

Did not go to airport following day due to the emotional distress of leaving spouse again

(Still had vehicle payment, employment and bank account in home country)

Continued to live within US after expiration of VWP

Had child together in 2014

Continued to live in US

At no point during any of this have I seeked any kind of employment

Now have funds to file concurrently for I-130 and AoS but not for an immigration attorney

Concerns:

Main concern is accusation of visa fraud since we married just days after entry and marriage plans were pre-existing before entry but not disclosed at port of entry, however was not asked the purpose of the visit. I was asked the duration of my visit which at the time was 2 weeks however those plans changed after entry.

What are general opinions of this case? I know everybody fears denial and that combined with financial issues has been the reason we had put off the application for so long. Has anybody had a similar case?

[A'n'L 735]

Marrying on a VWP is perfectly legal. Your overstay will be forgiven since you are married to a USC.

Your case is not problematic, read carefully about the evidence of bona fide marriage you should supply - and you'll be OK.

Good luck!

[KayDeeCee 4,896]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~