NEW here - what have I gotten into

[jisduit 0]

Ok - I have a fiancee from UK - he has been here for over 2 years on an expired visitor visa - we spoke to an atty before he expired - saying we planned on getting married - and his comment - just dont go back

Well we are STILL waiting his decree absolute from UK in order for us to marry

Looks like we should get the "decree absolute" in the next month or so - and we will get married as soon as we get the paper work -

will getting married cause him to be deported >>

We have a 14 month old child that he stays home to care for while I work to support us

I havent called the atty - its been over two years since we talked to him - even though he has 1,000.00 from me

Im scared - I dont want to loose him - he is the most AWESOME MAN - I had to go clear across the "pond" to find him

any help/suggestions or comments ???

Thanks

[TracyLuis 0]

Once you get married, file for an Adjustment of Status for your husband. There appears to be no reason why he would be deported. If he leaves before his status is adjusted, however, that is a different story.

Check out the Ajustment of Status forum for all the details. It will provide a lot of answers for you.

And there are many knowledgeable people here who can provide much more detailed answers

Edited June 7, 2007 by TracyLuis

[YuAndDan 153]

Attorney is correct don't leave the USA.

Guide for your situation: http://www.visajourney.com/forums/index.ph...page=i130guide2

You can DIY just follow the guides carefully.

[Yodrak 7]

jisduit,

My comments:

- getting married will not cause him to be deported

- he should continue to take the attorney's advice to not go back

- you should contact the attorney again to update him on your circumstances and get advice for applying to adjust status.

Yodrak

Ok - I have a fiancee from UK - he has been here for over 2 years on an expired visitor visa - we spoke to an atty before he expired - saying we planned on getting married - and his comment - just dont go back

Well we are STILL waiting his decree absolute from UK in order for us to marry

Looks like we should get the "decree absolute" in the next month or so - and we will get married as soon as we get the paper work -

will getting married cause him to be deported >>

We have a 14 month old child that he stays home to care for while I work to support us

I havent called the atty - its been over two years since we talked to him - even though he has 1,000.00 from me

Im scared - I dont want to loose him - he is the most AWESOME MAN - I had to go clear across the "pond" to find him

any help/suggestions or comments ???

Thanks

Edited June 7, 2007 by Yodrak

[Dan J 277]

He can be deported at the moment, but once you marry and file for AOS. He can stay without any problem. Due to the overstay and entering on a tourist visa, you may have some issues with filing for AOS. But I think you should be able to overcome any problems. You may have to file addtional waviers.

This is assuming that when he entered on a tourist visa, the two of you had no intention to marry at that time.

[jisduit 0]

I can breath now =

Thanks

well we did intend to marry = but not officially until April 2006 -

I will contact the atty handeling our case - my fiance has NO DESIRE to return to UK - other then the weather in VA - he loves the US - especially the price for a budweiser !!!

[YuAndDan 153]

I remember a post a few months ago about someone who did not bother to adjust status, you are doing it right and marry and then adjust status ASAP.

Don't let this happen: http://www.visajourney.com/forums/index.ph...showtopic=47215

[Dan J 277]

I can breath now =

Thanks

well we did intend to marry = but not officially until April 2006 -

I will contact the atty handeling our case - my fiance has NO DESIRE to return to UK - other then the weather in VA - he loves the US - especially the price for a budweiser !!!

You may possibly run into issues. You will have to prove that your husband did not intend to marry and immigrate when he came here. Hopefully you still have copies of what his itinerary was suppose to be and his return ticket to the UK. I would definetly talk to your attorney to make sure you handle that right.

[Dr_LHA 3]

You will have to prove that your husband did not intend to marry and immigrate when he came here.

More correctly, you may be asked to prove this, it is not definite that they will. However I think in your case it is unlikely that they will ask as your fiancee entered the USA quite a while ago.

Edited June 7, 2007 by Dr_LHA