My husband and I were married on Friday the 12th. We were going to leave on vacation in England on Thursday. We were reading on another website that we should stay and file an AOS. We are supposed to leave but now we don't know if we should go. We have tried to talk with several attorneys unfortunately they were either not knowledgeable or weren't in the office and haven't returned phone calls. Please help us. We only have a short amount of time to figure this out.

We need more information. How did the foreigner arrive in the U.S.?

If you entered the USA on a K-1, or other type of visitor's visa other than K-3, then leaving the USA without AP (I-131) is considered to be abandoning the AOS process.

You need AP document in hand before leaving the country.

FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.7

NEED More info Yours: http://www.visajourney.com/timeline/profile.php?id=34916

What visa did you come on?? have you filed for AOS + AP? you say you got married on Friday the 12th... sept/Oct ?????

Kez

We got married last friday Oct 12th, He came in on a multi entry I94 he came in for what was a vacation before we headed to England where he was going to stay. and I was going to come back by myself. He has been here since the 2nd of September. Any other information you need?

If you leave to go to England now then you will have to file for a spousal visa K3/CR1 before he will be allowed to return to the US and you will be apart for a good few months while that is processed... if he stays in the US then he can file for AOS + I-130 and remain here with you while it is being processed...

I would recommend you have a chat with a immigration lawyer to make sure there is nothing in your case that could cause you problems during AOS... Also have a read of the guide here on VJ it will let you know what forms and evidence you will need to File for AOS....

http://www.visajourney.com/forums/index.ph...page=i130guide2

Hope this helps

Kez

Well, let's see; you are now married, your husband has multiple entry visa but you have NOT as of yet filed for change in status. The prudent thing is to file for change of status concurrent with advanced parole (AP you should receive withing 90 days) then travel with the AP. Now, the only other option is a risky one.....do not say anything about your marriage, take your trip to England and reenter with the multiple visa, THEN apply for AOS. However, later on you may be asked about it in the AOS interview.

One questions which should be asked here, is did your husband enter the US on this occasion with intentions to get married? Or was it a spur of the moment decision during this trip?

Sorry, should also have asked which visa your husband arrived on (as I can't see it mentioned here): K1, K3, visitors visa etc

If you could fill in your timeline it would be helpful

hi and good luck to eveyone!!!

He came in on a I94 multi entry visa. When he got here it was only for vacation until we went to England, where he would stay and i would return to the states. We were origionally intending on filing for the K1 visa, when we decided to get married, we were going to file for a K3 instead. It wasn't until he noticed on another site that this might be an option.
We have some proof to that. We had so many things planned to do durning my trip there. We had tickets to a football game, hotel reservations in Blackpool not to mention the Airline tickets themselves. all of them prepaid.

We have contacted an attorney. John Lee Carrico Esq. We have a phone interview tomorrow. if anyone else has tried this and had issues or been denied please let us know. Thank you for taking the time to read, and reply.

I did AOS from a Visa Wavier Program we also had a spur of the moment marriage.... I had no issues and was not even asked about intent at entry.... but you are doing the right thing by having a chat with an immigration lawyer...

Kez

What you are talking about is really no big deal. Provided that he entered without the intention of getting married.

You can file the I-130 and the I-485 concurrently. You can also file for the interim benefits with the I-484, which would be EAD (employment authorization) and AP (Advance Parole) for no additional cost. Until he receives the interim benefits he can not work or travel outside to the US.

This has been done lots and if you look around VJ you will find several people who has adjusted from the Visa Waiver Program or other Visa programs without any issues.

Thank you so much for your help. We will officially call off our Trip to the UK. and Start our paperwork. we don't have alot of time before his I-94 expires on Nov 9th. If you have any other suggestions please let me know.

It is not really a requirement to have this filed before the expiration of the I-94.

Best thing to do would be to spend some time on the guides here on VJ as that there is al ot of really good information there and then of you are unsure of something ask, either by PMing a moderator or some one you have seen giving good advice or just posting in a forum.

otherwise, relax, enjoy marriage and the immigration process, it can be a real pain in the a$$. but to be with your loved on is worth it.

With respect,

John