Just got married.....confused on what to do next

[Dreamfyre 2]

I (US citizen) just married my husband (UK citizen) on November 4th.  He is here on an ESTA.  His I94 runs out on 12/1.  I know we need to file the 1-130 immediately.  We had a consultation with a lawyer and it seems like he said we could file the other forms at a layer date.  Is this correct?  

 

Thanks,

J

[Crazy Cat 41,888]

What is your goal?  If his intent is to remain in the US and adjust status, the I-130, alone, does nothing.  Unless he files a proper I-485 package, he will be removeable after the expiration of his authorized stay. 

Be aware of the limitation when adjusting status.  He will not be able to work or leave the US for up to 8 months.

Edited November 16, 2023 by Crazy Cat

[SalishSea 17,837]

6 minutes ago, Dreamfyre said:

I (US citizen) just married my husband (UK citizen) on November 4th.  He is here on an ESTA.  His I94 runs out on 12/1.  I know we need to file the 1-130 immediately.  We had a consultation with a lawyer and it seems like he said we could file the other forms at a layer date.  Is this correct?  

 

Thanks,

J

I’d steer clear of that lawyer.  A properly filed I-130 doesn’t offer any period of authorized stay.

 

Like the Cat said, it will be a very long process, and you’ll want to carefully consider that.

[Crazy Cat 41,888]

An I-130, alone, confers no immigration rights or right to remain in the US. 

[SalishSea 17,837]

Just now, Crazy Cat said:

An I-130, alone, confers no immigration rights or right to remain in the US. 

Nor does marriage to a USC.

[Crazy Cat 41,888]

Just now, SalishSea said:

Nor does marriage to a USC.

Good point.

[Chancy 6,241]

5 minutes ago, Dreamfyre said:

He is here on an ESTA.  His I94 runs out on 12/1.  I know we need to file the 1-130 immediately.

 

Does your husband intend to remain in the US and not return to the UK until he gets a green card?  Or is he planning to return to the UK first to settle his personal stuff there before moving to the US permanently?

 

If you both intend for him to remain in the US until getting a GC, there's no significant benefit to filing the I-130 separately from the rest of the Adjustment of Status forms.  Just file the I-130 and I-485 concurrently by mail, along with the required supporting documents, as well as the (optional but recommended) I-765 and I-131 forms.  As mentioned above, filing the I-130 by itself would not allow your husband to legally stay in the US.

 

If your husband wants to return to the UK soon, then there's no need to file the I-130 immediately.  Better to submit the I-130 the day after he leaves the US, to reduce the risk that USCIS will get confused about whether your husband is applying for a GC or a spouse visa.

 

[Dreamfyre 2]

Okay.....so file the ENTIRE packet all at once?  Do I file all supporting documents now?  We just got married so we haven't had time for him to get a driver's license or be put on my bank account or life insurance.  We're having an issue right now (we live in a very small town and I don't think people around here know what to do in this situation) trying to establish his legal presence to get him an ID card to he able to do those things.  I guess that's what I'm confused on.  Do I need to file all of that evidence now?  Like I said...we JUST got married and haven't had time to get all this done.  

 

Ultimate goal is for him to remain in  the US and get a gc.  

[Crazy Cat 41,888]

1 hour ago, Dreamfyre said:

Okay.....so file the ENTIRE packet all at once?  Do I file all supporting documents now?  We just got married so we haven't had time for him to get a driver's license or be put on my bank account or life insurance.  We're having an issue right now (we live in a very small town and I don't think people around here know what to do in this situation) trying to establish his legal presence to get him an ID card to he able to do those things.  I guess that's what I'm confused on.  Do I need to file all of that evidence now?  Like I said...we JUST got married and haven't had time to get all this done.  

 

Ultimate goal is for him to remain in  the US and get a gc.  

 

Start here: This will lead you through the process.  Get those packages submitted asap.

 

 

Edited November 17, 2023 by Crazy Cat

[Marieke H 2,512]

46 minutes ago, Dreamfyre said:

We just got married so we haven't had time for him to get a driver's license or be put on my bank account or life insurance.  We're having an issue right now (we live in a very small town and I don't think people around here know what to do in this situation) trying to establish his legal presence to get him an ID card to he able to do those things. 

Depending on which state you are in, he likely won't be able to get a driver's license or state ID until he has his EAD or green card. His "legal presence" is not established at the state level, but at the federal level. This is a huge downside of adjustment of status; he will be in limbo for many months just waiting. 

 

Focus on what you do have. His current form of ID is his passport; see if that's accepted to add him to your account, insurance, etc. Maybe include some wedding pictures. Really anything you can think of that shows that you are married and starting to comingle your finances. And then, while you are waiting, keep collecting more evidence that you can bring to your interview. They understand that newlyweds may not have a lot of shared finances yet, so you'll have a chance to add more at the interview. 

[Demise 1,289]

1 hour ago, Dreamfyre said:

Okay.....so file the ENTIRE packet all at once?  Do I file all supporting documents now?  We just got married so we haven't had time for him to get a driver's license or be put on my bank account or life insurance.  We're having an issue right now (we live in a very small town and I don't think people around here know what to do in this situation) trying to establish his legal presence to get him an ID card to he able to do those things.  I guess that's what I'm confused on.  Do I need to file all of that evidence now?  Like I said...we JUST got married and haven't had time to get all this done.  

 

Ultimate goal is for him to remain in  the US and get a gc.  

Just file now, your interview if they do one will probably be like 18 months away, plenty of time to get him added to the bank account, lease, get him a driver's license, get him working, put him on your taxes for this year, and jointly file for the next. Employment Authorization Card will probably take like 6 months and after that he'll have no trouble getting a social security number, US driver's license, working, and all the other stuff.

 

For the initial filing you don't need more than (all of the below being copies):

1. Proof of your citizenship (US passport, birth certificate, US passport card, consular report of birth abroad)

2. Proof of your marriage (marriage certificate)

3. Proof of his identity (UK passport ID page)

4. Proof of his legal entry into US (entry stamp and/or I-94)

5. His birth certificate

6. Divorce decrees or death certificates if either of you was previously married.

 

You can add other evidence if you want to front-load the application, but just to get the ball rolling you only need the above and then you can just bring any other evidence (joint bank account, joint taxes, joint insurance policies (health, vehicle, life, etc), birth certificates of any children, pictures together, and so on and so forth) to the interview. If you don't have the other evidence then you don't have them, file with what you have now

Edited November 17, 2023 by Demise

[Dreamfyre 2]

Thank you!!!!