visa waiver out of status, married to us citizen about to file the papers, where do I start

[MorganSpice 0]

Hi everyone,

I dont really know if that is a right place to write, please guide me if it is not!

So that is my story:

I am Lithuanian citizen and I met my now husband who is U.S. citizen while I was on J-1 visa. He proposed on 2012 09 29, two days after I went back to Lithuania.

My at the time fiance came to visit me 2013 02 14 and stayed for about two months, I graduated university and went to spend the summer with him and his family, so I was in America 2013 06 10. After maybe a week of feeling sick, we found out I was already pregnant for about 3 months. there were no any other options as for me to stay in America and get married. So we got married 2013 07 28 at the time we did not have enough savings to start green card process, so here we are now! we have enough savings and are ready to file and finally get things started, I have over stayed my visa waiver for 5 months now. We are not wealthy enough yet to get a lawyer, so I am willing to do all the paper work myself, so I really really really need your help!

I found out that I can submit the forms and pay online, but I am confused how do all the attachments work then?

Is there maybe any information on what kind of attachments I need? Maybe step-by-step plan? how it all looks? I know there has to be a cover letters and as I understand everything has to be sent in one envelope? Just because I have overstayed my visa waiver is there any other forms to file? as far as I know I need I-30,I-864,I - 485, I-693, I-765, I-131, G -325A? I am also confused of the I -864 and I -693 prices?

I would appreciate all the answers or suggestions to our case! Our relationship and love is real, we just did not expect things to go so fast, but everything is for the better.

By the way our beautiful Daughter was born on 9th of November 2013

Thank You!

[KayDeeCee 4,891]

You do not file online. You mail it all to the Chicago Lockbox since you are filing the I-130 with the I-485 > http://www.uscis.gov/i-130-addresses

There are no fees for the I-864 and I-693. There are also no fees for the I-765 and I-131 when filed with a pending I-485.

Follow this guide > http://www.visajourney.com/content/i130guide2

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas - OP adjusting from VWP ~

Edited January 16, 2014 by Jay-Kay

[aussie_jason 195]

This is the guide you need to follow and pay special attention to the warning at the top: http://www.visajourney.com/content/i130guide2

Basically be prepared to prove that you did not arrive in the US on the VWP with the intent to marry.

[ValerieA 350]

Sigh. You do not have to prove lack of intent. It would be up to USCIS to prove intent, if they wanted to go that way, but intent can't be used as a reason to deny anyway, so what would be the point? By letting you enter the country they have already determined you didn't have intent.

Follow the guide Jay-Kay provided the link to, and good luck! Congrats on the marriage and the baby!

[MorganSpice 0]

Thank You everybody!

[ManCharsey 254]

Valerie as an add on to what you said..I hear people talk about USCIS questioning intent to marry and adjust status prior to arriving in the US. But what many people do not know is that under Law USCIS can NOT deny an adjustment of status under prior intent to adjust status. They can only do that under misrepresentation of facts or willful concealing of evidence..but that goes way beyond just prior intent to marry and adjust status. Misrepresentation of facts or willful concealing of evidence which is a subset of visa fraud usually means material evidence such as criminal history etc were concealed and not disclosed to immigration or lies were told such as an immigrant claiming to be married so as to ease the visa acquisition process and upon getting to the US marrying and trying to adjust status.

The last time the USCIS tried to deny based on preconceived intent it was squashed by a court in 1987 and it was made an immigration law that it could not be used anymore. If you want proof read the following case:

http://www.uscis.gov/sites/default/files/ilink/docView/INT/HTML/INT/0-0-0-65/0-0-0-4012.html

So USCIS rather scrutinizes the bonafide nature of the marriage to ensure that it was entered into on good faith. And as long as both parties are married on good faith, that is it. I just think it is way overdue for people throwing the preconceived intent advice around. It does NOT hold in immigration law. Any suggestions should be based on the bonafide nature of the marriage but NOT on pre-conceived intent as since 1987 by law USCIS can NOT deny base don't that and has never done so.

[ValerieA 350]

Thanks for the expansion, ManCharsey. You probably will want to copy a link to your post to your profile for quick access. Around this forum, we find ourselves explaining about intent not being a problem quite often, as I'm sure you've already realized!

[sbai2000 31]

Hi everyone,

I dont really know if that is a right place to write, please guide me if it is not!

So that is my story:

I am Lithuanian citizen and I met my now husband who is U.S. citizen while I was on J-1 visa. He proposed on 2012 09 29, two days after I went back to Lithuania.

My at the time fiance came to visit me 2013 02 14 and stayed for about two months, I graduated university and went to spend the summer with him and his family, so I was in America 2013 06 10. After maybe a week of feeling sick, we found out I was already pregnant for about 3 months. there were no any other options as for me to stay in America and get married. So we got married 2013 07 28 at the time we did not have enough savings to start green card process, so here we are now! we have enough savings and are ready to file and finally get things started, I have over stayed my visa waiver for 5 months now. We are not wealthy enough yet to get a lawyer, so I am willing to do all the paper work myself, so I really really really need your help!

I found out that I can submit the forms and pay online, but I am confused how do all the attachments work then?

Is there maybe any information on what kind of attachments I need? Maybe step-by-step plan? how it all looks? I know there has to be a cover letters and as I understand everything has to be sent in one envelope? Just because I have overstayed my visa waiver is there any other forms to file? as far as I know I need I-30,I-864,I - 485, I-693, I-765, I-131, G -325A? I am also confused of the I -864 and I -693 prices?

I would appreciate all the answers or suggestions to our case! Our relationship and love is real, we just did not expect things to go so fast, but everything is for the better.

By the way our beautiful Daughter was born on 9th of November 2013

Thank You!