In USA and married with my american girl

[thereyougo 0]

Hi how are you?

Im portuguese and im under the visa waiver program ,my girl is 19 years old(same age as me),shes american ,im portuguese and i arrived in USA around 70 days ago and we got married 2 days ago ,i didnt knew it was sooo hard for me now to stay in USA,so what do i do now?I cant be far from my girl as i love her so much...

Please help me ,i understand i gotta fill those papers now and tell them i didnt planed to be married like i didnt ,it happened ,any help from you guys?

Im desperate and scared i might be far from my girl.

Any information will be really thankfull to us ,thanks

Edited October 28, 2008 by thereyougo

[Hydey 0]

When you entered the USA last, did you have intent to marry and to stay?

[thereyougo 0]

no ,i came to USA to spend a liltle holidays as i just finished high school and i always had the dream to see USA and i came up meeting my girl ,i had no idea i would feel in love like im failing and when i realised everything went fast and we married now and i just got in the internet yesterday to stay longer in USA and now i see all these documents and problems that mght appear ,i dont want to leave USA because my girl is in college now and i love her so much ,i can stay here without working but i see she either needs a X$ income to also fill another paper(1 of the documets they ask I something)or we get a sponsor ,let me know what we can do so i can be in USA longer and stay with my baby

[Penguin_ie 5,986]

You will need to gather evidence that you intended to return home- things like a letter from your employer in Portugal stating when you were expected back, enrolment in university, foreign bank account, lease of your apartment in Portugal etc etc.

In terms of the money issue, if your wife does not make enough money, you will need a co-sponsor, such as one of her parents, family member or a good friend who is willing to support you should you be unable to do it yourself.

[Jon&Lindsey 0]

You will need to gather evidence that you intended to return home- things like a letter from your employer in Portugal stating when you were expected back, enrolment in university, foreign bank account, lease of your apartment in Portugal etc etc.

In terms of the money issue, if your wife does not make enough money, you will need a co-sponsor, such as one of her parents, family member or a good friend who is willing to support you should you be unable to do it yourself.

I agree. Anyone who adjusts from the VWP needs to be prepared to defend their intention at the interview, as entry with intent to stay and adjust is visa fraud. Adjusting from VWP is not without risks, there are cases of people being denied and sent back, so gathering evidence of your lack of intention to stay and that your marriage is bona fide is really important.

Ideally, try to file for AOS (see my sig for the forms needed) before your VWP expires, so you do not have any time 'out of status' (having said that, we didn't file for 5 months as we had to save up money, and now I am approved for my GC). As soon as you have submitted your AOS, you are in 'AOS-pending' status, so are legally here until they make a decision. Once you have submitted it, DO NOT LEAVE the US until you have the GC in hand - leaving without AP will mean that your application is abandoned, and even with AP, there is no guarantee you will be allowed back into the US. If you decide to leave and apply for a spousal visa instead of doing AOS now, make sure you leave before your VWP expires, as if you have any overstay, you will not be able to return on the VWP to visit your wife while your spousal visa is being processed.

I know it's stressful and a lot of work, but the sooner you can decide what to do and file the necessary forms, the better. Best of luck!

[sk28 1]

I agree. Anyone who adjusts from the VWP needs to be prepared to defend their intention at the interview, as entry with intent to stay and adjust is visa fraud. Adjusting from VWP is not without risks, there are cases of people being denied and sent back, so gathering evidence of your lack of intention to stay and that your marriage is bona fide is really important. .

Can you show us those cases.

[thereyougo 0]

Thanks forthe answers ,i was taking my drivers lessons in Portugal and i take a break from it as came to USA to be in a lilttle holidays ,so i think i can ask my parents to go there and ask for a proof of what im stating..do portuguese documents need to be translated?

Also i have a portuguese bank account ,but no bills or apartment lease because im just 19years old and i just graduated from high scool ,my diploma is any good translated as well?

Regarding the sponsor i already found one from the side of my girl ,but can any of my parents back in Portugal be also any good to sponsor?May i have and show them i have more then 1 sponsor?

What document i need to send them showing someone says they will sponsor me?What the sponsor needs to file?

Im going to apply and file the AOS ,but i dont understand much about filling them...any of you guys that already did this could maybe help me?

Thanks alot and i understand theres a risk that now im aware of but i didnt knew it and i didnt came to USA to marry or get into troubles ,i just love my girl that i meet her wille my stay now thats it.

[Lili 3]

All foreign documents need to be translated in English.

Your parents cannot be sponsors. Only a permanent resident or US citizen can be your sponsor.

Regarding help with the documents, I recommend reading the AOS guide and if you have any questions regarding I-130, come hang out on the specific subforum.

Sorry that I can't be of more help. But don't fear, someone will chime in!

[Jon&Lindsey 0]

I agree. Anyone who adjusts from the VWP needs to be prepared to defend their intention at the interview, as entry with intent to stay and adjust is visa fraud. Adjusting from VWP is not without risks, there are cases of people being denied and sent back, so gathering evidence of your lack of intention to stay and that your marriage is bona fide is really important. .

Can you show us those cases.

Google 'Momeni vs Chertoff' in the 9th circuit, or read threads on other immigration forums about AOS from VWP for other stories, inc one mentioned here somewhere too, where someone in Reno was apparently taken into custody and held for days before deportation. Sure, many people do this without difficulties and often intention doesn't even come up at the interview, but I think people considering this should know that it is not necessarily an entirely risk-free procedure and that the question of intention may come up, so they can make an educated decision about what to do.

thereyougo, yes, you need documents in Portuguese to be translated. I'm not sure how your high school diploma would help though, if you have already finished high school? I think the sponsor has to be a US citizen/GC holder, but not completely sure, maybe someone else can confirm.

[thereyougo 0]

I said my high school diploma so they could see i was doing school there ,another reason that was connected me to Portugal.

And thank you very much for all the answers ,been really usefull ,you guys are great persons ,wish you all the best

[Beautiful_years 0]

Sorry i cant be of help but just want to wish you luck as you go through the process and to say to those who responded thks as i too learnt a lot from their responses and would draw others attention to it if ever i see someone with same question or needs.

[canadian_wife 1,795]

Your diploma, in my opinion, does not tie you to Portugal as you're clearly finished school and had no reason to return to finish classes. Is this correct?

Did you know your gf before you came to the US? If not, you might have a time trying to defend your quick marriage to your girl.

Good luck!

[Jon&Lindsey 0]

Your diploma, in my opinion, does not tie you to Portugal as you're clearly finished school and had no reason to return to finish classes. Is this correct?

That's what I was thinking. You said you are done with school, so there is no reason for you to have to go back to the school or Portugal. You need to find evidence *currently* linking you to Portugal, meaning showing you intended to return there and not stay in the US. For example, if you were enrolled in a university, or *not* finished with school, this would show you intended to go back. Being done with school in Portugal is irrelevant for the AOS process.

[Chica Yeyé 41]

Complicated case, but not impossible.

and familiarize yourself with the process and requirements.

[thereyougo 0]

i was taking my drivers lessons in portugal i payed around 1000usd for that and i did not finished my drivers lessons neither i got my drivers lessons ,i also have a portuguese bank account, my portuguese cell phone number still,and i did not knew my girl before i came here,i have the flight ticket bak to portugal aswell,i got interviewed u know when i got in usa ,they asked me wat i was my propose and i said the real thing ,spend some holidays in usa as i was stressed in portugal and needed holidays...and if i knew her before come to usa wouldnt that mean i was itending to get in usa to marry with her?and again i married wiht her after that 2 months period that i already heard before that time things might get suspecious...well let me know as i also have many pics with my girl already before and now after we married...