Just got married!

[memphis_brit 0]

OK - have spent most of today exploring immigration rules and having a bit of a panic - would be really grateful if anybody could point me in the right direction for what i should be doing next!

I came to the US on a tourist visa 4 months ago. My Partner and I knew each other, i was intending to take a break from work following a divorce settlement, tour around, have some fun and then go home and find a new job. One thing has lead to another, we have got on far better than we ever thought we would and basically we just got married. This was never our intention four months ago - it was just one of those spontaneous things that seemed right.

Our plan is that we will live in the USA - my partner has two young children and works (she has a good job) and I have a small amount of money that i have been using for travelling (about 8k usd). Although i finished my job before i left the uk I have a long employment history and worked in the professional sector - finding a job in the US should not be a problem. We both assumed (first lesson - assumptions suck!) that it would just be a case of filling in a few bits of paper but having explored this site and a few others my head is now spinning!

So, if anyone is able to help, my question is this...

Is there anyway that we can remain married and that i can reside legally in the US whilst I apply for the appropriate visa. I have two months left on my tourist visa and we are able to support ourselves until i am able to work legally. Returning to the UK with my new family is a possibility but would be expensive and cause disruption for the children - this wouldnt be ideal for us. We are comfortable that we have done this for the right reasons (our conclusion is that this is a mid life crisis come early!) and i really dont want to leave for a few months while we try and progress this.

Really grateful for any assistance or information that you can offer!

[Silke 1]

Since you got married spontaneously and had no intentions of staying in the US when you entered the country, you can now file for AOS (adjustment of status).

In order to do so, you have to submit packages I-130 & I-485

Assembling the I-130 Package: Checklist

Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.): 1. Payment as required by USCIS. Use a money order so you can track the payment. If a personal check is allowed, use that instead.

2. Cover Letter. Should include a description of what your are petitioning for (I-130), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.

3. Form I-130: Petition for Alien Relative

4. Copy of the Full Birth certificate (front and back) for the US Citizen or a copy of ALL pages of the US Citizen's passport. This is used to establish citizenship.

5. A copy of petitioner's proof of naturalization. (If applicable)

6. A copy of petitioner's proof of permanent residency. (If applicable)

7. A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English)

8. A certified copy of your certified marriage certificate (again, translated if not in Engligh)

9. A certified official copy of the petitioner's and/or intending immigrant's divorce documents. (If one or both of you have been divorced before)

10. A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died)

11. G-325A (all four pages) filled out by the US Citizen signed and dated

12. One passport-type photo (see specification) of the US Citizen. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.

13. G-325A (all four pages) filled out by the foreign spouse signed and dated

14. One passport-type photo (see specification) of the foreign spouse. Write the full name of the beneficiary on the back. Place in a plastic bag and label the bag "Photo of (insert name) ". Attach the bag to a sheet of paper and place behind the corresponding G-325a.

15. Evidence of a bonafide marriage (see note below for what to include)

Note: Evidence of a Bonifide Marriage

The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:

1. Documentation showing joint ownership or property; or

2. A lease showing joint tenancy of a common residence; or

3. Documentation showing co-mingling of financialresources; or

4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or

5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or

6. Any other relevant documentation to establish that thereis an ongoing marital union.

Assembling the I-485 Package: Checklist

Forms and Documents (follow these assembly instructions. All supporting documents must be in English or be translated as noted here.): 1. Payment as required by USCIS. Be sure to include the payment for both the I-485 and the the fingerprinting fee*. Use a money order so you can track the payment. If a personal check is allowed, use that instead.

2. Cover Letter. Should include a description of what your are petitioning for (I-485), a table of contents (list everything in the packet). If you need additional room to explain your case, attach a separate sheet (list the attachment on the cover sheet). Make sure to sign and date the cover sheet.

3. Form I-485: Petition for Alien Relative

4. Copy of the non US Citizen Spouses Passport (biographical page as well as entry stamps).

5. Copy of the non US Citizen Spouses valid I-94 (front and back copies)

6. A copy of the intending immigrant's birth certificate and/or passport along with English translation. (If in any language other than English)

7. A certified copy of your marriage certificate. (If filing for your spouse)

8. A copy of the petitioner's and/or intending immigrant's divorce documents. (If filing for a spouse, and one or both of you have been divorced before)

9. A copy of a prior spouse's death certificate. (If filing for a spouse, and one or both have you were married before, and the prior spouse died)

10. Two passport-type photos (see specification) of the Non US Citizen Spouse. Write the full name on the back. Place in a plastic bag and label the bag "Photo of <Insert Name>". Attach the bag to a sheet of paper and place behind the corresponding G-325a.

11. G-325A (all four pages) filled out,signed and dated

12. I-693, Medical Examination of Aliens Seeking Adjustment of Status

13. I-864, Affidavit of Support (see poverty limits here)

>> Include any additional required supporting documentation

14. I-765, Application for Employment Authorization, if you want to work while your application is processed (optional)

>> Include any additional required supporting documentation or photos as well as payment per USCIS instructions.

15. I-131, Application for Travel Document, if you need to travel outside the United States while your application is processed (optional)

>> Include any additional required supporting documentation or photos as well as payment per USCIS instructions.

16. I-485 Supplement A, and penalty fee if applicable. See 8 CFR 245.10

17. I-601, Application for Waiver of Grounds of Excludability**, if applicable

* Fingerprint fee not needed for applicants under 14

** an I-601 is NO FEE, if, and ONLY if filed WITH an I-485. Later filing DOES require a fee. Whether to file an I-601 is an important decision -- like the J-1, consulation with an attorney is recommended.

[Silke 1]

You might want to post this question in the adjustment of status forum

[Dan J 277]

Yes you can skip right to filing for AoS/EAD/AP. You should receive your EAD in 3-4 months and then will be able to start working, maybe sooner if your lucky. Greencard will take some more time.

[Dr_LHA 3]

As others have said, there is no need for you to get a visa, you can remain in the USA on your tourist visa and file for AOS. As you came on a tourist visa, you will need to get a medical done with a USCIS appointed civil surgeon, as this is required for AOS. The reason I suggest this is that sometimes getting an appointment with such a surgeon is not always quick, I had to wait a months for my appointment.

After this there are various forms you need to fill out, which should all be put together in a single envelope and sent to USCIS via the Chicago Lockbox. The main forms are I-130 and I-485. Read the instructions on those to find out what other forms you need. If you wish to work, file I-765 at the same time.

Read the guides on this forum for help, use the search function, if you have any other questions, ask here.

The main advice is not to worry, what you have done is perfectly legal, don't let anyone tell you otherwise. Good luck with your marriage and new life in America.

[memphis_brit 0]

As others have said, there is no need for you to get a visa, you can remain in the USA on your tourist visa and file for AOS. As you came on a tourist visa, you will need to get a medical done with a USCIS appointed civil surgeon, as this is required for AOS. The reason I suggest this is that sometimes getting an appointment with such a surgeon is not always quick, I had to wait a months for my appointment.

After this there are various forms you need to fill out, which should all be put together in a single envelope and sent to USCIS via the Chicago Lockbox. The main forms are I-130 and I-485. Read the instructions on those to find out what other forms you need. If you wish to work, file I-765 at the same time.

Read the guides on this forum for help, use the search function, if you have any other questions, ask here.

The main advice is not to worry, what you have done is perfectly legal, don't let anyone tell you otherwise. Good luck with your marriage and new life in America.

Thank you all for such quick and informative responses! I now know where to start looking and will get some sleep tonight! Hope to see you all around on the forums over the next few months!