Confused about what forms to file.

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I'm a USC. My husband is a UKC. He came to the US on the visa waiver program to attend a gaming convention with me. At the time, he was still married to his first wife and we had no intention of marrying while he was here. We were actually in the process of getting things together for his fiance visa. During his visit, his divorce came through and I became pregnant. We decided to go ahead and marry while he was here so there would be no legality issues with our child (child support and all that jazz). It was a pretty impromptu marriage, officiated by a family friend at said friend's house with only friend's wife, my mother and another family friend in attendance as witnesses. I wasn't even in a wedding dress. We have paperwork showing that I was pregnant before we got married (certificate of confirmed pregnancy from a doctor). I just gave birth to our daughter last Wednesday. Now we're confused on how to proceed.

I know we have to file the I-485 and we'll also have to file the Affidavit of Support saying that a friend is sponsoring him as I'm unable to work (awaiting SS disability) and don't meet the $20,000/yr financial requirement. Our friend is retired Army and makes enough from her retirement benefits and current employment to meet the sponsorship requirements. Since I'm unable to work, I really need him here to help me with day-to-day responsibilities as well as caring for our daughter. He's been here long enough to be barred for 10 years if he leaves. I've heard that couples in similar situations have had success with filing the I-485 while the spouse is still in the US. My question is, what all do we have to file? The I-485 and I-134 I'm aware of. But do we also have to file an I-130 or can we get by with paying just the $1010 for the I-485? I'm just trying to figure out how much money we have to get together for the filing fees. Are there any other forms that we need to file that I'm unaware of? The intent at this point is to keep him in the States, make it possible for him to gain work and eventually get his green card. He hasn't broken any laws or taken any work since being here and has no criminal history in the UK.

Any advice will be most appreciated.

[canadian_wife 1,831]

Hi, welcome to VJ

While obviously each case is different, many couples have successfully adjusted status when the immigrant came on the VWP. Also, many have successfully adjusted status when the immigrant had a substantial overstay. While no one can say for sure if this will happen to you, it has been done in the past.

Youll need to file the I-130 and the I-485 along with the supporting documents and relevant work/travel forms. Take a look at the guides to help you prepare the packets.

Good luck

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

[Kathryn41 3,205]

Moved from K-3 forum to AOS from Work, Student, and Tourist visas Forum

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Thanks for the clarification. Looks like we have a lot of paperwork in front of us but at least I know how much it's going to cost, now.

And my apologies for posting this in the wrong area. Confusion leads to more confusion, ya know?