CONFUSED !! I-130 + I-485

[livingwell 0]

"If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US."

Ok I read this quote above on the guide for filing the I-130 for a spouse inside the US and am now very perplexed, I entered the US on a visitor waiver program from the UK , before I arrived I had filed a I-129f yet once I got here found out from USCIS that we could get married then simply file the I-130 and I-495 so cancelled the I-129F, the part I don't understand is I was under the impression I could stay here while the whole thing processes, and once the I-765 comes through I would be eligible to work ?? Is that not the case ??? Any help would be most appreciated

[Kez/JWolf 6]

Yes you can stay while the process is being completed..... and yes as soon as you have the EAD you can get a SSN and start work....

Kez

[elmcitymaven 9,712]

Yes you can stay while the process is being completed..... and yes as soon as you have the EAD you can get a SSN and start work....

Kez

Even if the OP had already filed an I-129f before entering via the VWP (as it looks like above, if I am reading this right)? Isn'tthere is imputed intent to immigrate if an I-129f has already been filed? I'm not the expert on this, but I'm genuinely curious as I *thought* I read in a recent post that intent would be assumed in such circumstances.

But again, I am a tad ignorant about this -- enlighten me!

[Kez/JWolf 6]

It does not matter what was filed before what is inportant is what the intent was when they entered the US.... if they entered with the intent of returning to their own country to complete the K1 but durring their stay they decided to just get married and remain within the US and do AOS then there should be no issues...

If they entered the US with the intent to remain and do AOS once married then it could be visa fraud (using the VWP to circumvent the immigration laws)...

If they get questioned about their intent at AOS interview it is up to them to prove they did not have intent on entry..... but yes the law does allow for you to enter with the intent of returning to your country to complete a visa already applied for but then for you to change your mind and remain...

Kez