time for action, advice badly needed

[timmyandjane 0]

I entered into the states early May from Ireland to visit my girlfriend of 4 years. I have been here just over 1 month and a half. Cutting a long story short on Monday I proposed and she accepted! We are both ecstatic and delighted, however as we are at the beginning of a long visa process we are completely confused ad worried that I will have to leave if everything does not happen quickly. I have some questions and if anyone could help us out we would really appreciate it. We are planning to have a small wedding around 8th July.

1. As I am from Ireland when I entered into Texas I entered using the VWP and received 90 days to stay here. Do we have enough time to get everything done without me having to leave?

2. How long does this process normally take?

3. Is a lawyer necessary?

I have many more questions but for now any answers or recomendations to squash my rising panic would be much appreciated,

Sincerly,

Timmy

[Dogwood_Poet 16]

You should have plenty of time to plan a wedding and start the process on your visa, however, you will have to go back home and wait for the process to unwind. Since you have been seeing your girlfriend for 4 years, it will be hard to prove you did not plan to get married once you got here, so it would be better to go a regular CR1 visa and go home and use the few months it takes to do all the paperwork to get everything ready for your move to the states.

As for getting a lawyer, most people here (including myself) have done everything themselves and perhaps even got everything done FASTER than with a lawyer.

So plan on going home by the end of your 90 days and you will be with your new bride again in 4 to 6 months if everything goes smoothly.

CONGRATULATIONS ON YOUR ENGAGEMENT!!!

[Harpa Timsah 13,258]

You should have plenty of time to plan a wedding and start the process on your visa, however, you will have to go back home and wait for the process to unwind. Since you have been seeing your girlfriend for 4 years, it will be hard to prove you did not plan to get married once you got here, so it would be better to go a regular CR1 visa and go home and use the few months it takes to do all the paperwork to get everything ready for your move to the states.

As for getting a lawyer, most people here (including myself) have done everything themselves and perhaps even got everything done FASTER than with a lawyer.

So plan on going home by the end of your 90 days and you will be with your new bride again in 4 to 6 months if everything goes smoothly.

CONGRATULATIONS ON YOUR ENGAGEMENT!!!

No, he will not "have" to go home, as he is eligible to adjust status here, if he so chooses.

It seems to me that people on this forum are really over paranoid about "Intent." You are right that someone cannot use a tourist visa to come here and get married, but if he did not intend to get married, he has done nothing wrong and is eligible to adjust status. Let's say he came to visit his girlfriend a year ago, when they had been dating for 3 years, and he went home then... What makes this "intent" different? He was eligible to enter the country a year ago as well as a few months ago.

I challenge someone to provide concrete proof of what factors, if any, the government uses for "proof of intent" to deny AOS.

[trailmix 77]

I agree that you should be able to just adjust status - as long as you had no immigrant intent when you entered the country (ie: you did not misrepresent yourself when you entered).

You might want to read the guide for that here.

I'm not sure what the current wait time is for adjustment of status, i'm sure someone else will chime in with that. When you apply for an adjustment of status you will also apply for an EAD (employment authorization document) and AP (advance parole). Until you receive your advance parole or your greencard, whichever arrives first - you cannot leave the U.S.

Congratulations on your engagement

Edited June 23, 2010 by trailmix

[timmyandjane 0]

It is reassuring to hear that I don'Y not have to go home, panic set in very quickly after reading the first post. There seems to be alot of confusion in regards to AOS and and intent of marriage. In my case, I was not intending to getting married when I entered. We are just having an incredible summer and we both shared a magical moment, basically everything just felt right However as there is unclarity in general, it seems to me that AOS from VWP is definitely based on each independent case and therefore getting a lawyer is the best way to go.

Thanks everyone so far,

Timmy

Edited June 23, 2010 by timmyandjane

[candyricardo 1]

Good Luck to you. We too decided to stay after a job offer I had received while on a travel nurse contract of three months. We were already married and my husband had entered several times between this time. No intent to stay, except when I accepted the full time position. Working 5-6 days a week, 12 hour shifts doesn't give much time to visit him in Mexico like I had been doing. It is my understanding that if you did not intend on this happening, and it was the spur of the moment, then you are well within your rights to file AOS from here and not leave to Ireland.

Good Luck!

[Harpa Timsah 13,258]

I am glad you have calmed down! I knew after the first post you'd panic, it's a normal reaction. I also want to say, purely personal opinion, that you don't need a lawyer. It makes things confusing and expensive. But this is OPINION only

You can look at my timeline, but I'd say plan on the process taking 5 months so you don't get disappointed, although I am hoping to be done in less than 4 (although I have been setting myself up for disappointment! lol) Some people seem to be done in less than 3, but I am not sure what visa they are adjusting from.

Congrats on getting engaged and being in love!

[Brother Hesekiel 2,235]

Hi Timmi!

Congratulations. You have described your situation very well and have 3 options:

1) You spend time with your finance and travel back home not later than the time allotted on your I-94. From there your fiance files a K-1 visa.

2) You get married while your I-94 is still valid and then return home. From there you file a CR-1 petition.

3) You get married while you are still in the US and file for Adjustment of Status (AOS).

Cost-wise, there is no big difference in all of the above.

Route #1 has the advantage that you don't have to get married in a hurry, but the disadvantage that you will have to go through AOS anyway, just later.

Route #2 has the advantage that you will enter the USA as a LPR (Green Card holder) next time you arrive, and don't have to do AOS (which sucks).

Route #3 has the advantage that you don't need to go home, but the disadvantage that you can't go home either until the AOS petition is wrapped up. So if your fish, cat, dog, or job are waiting for you to return, this is not an option.

[SF83 1]

If you are planning on AOS, make sure you file before the date your I94-W expires. Also you're gonna need documents, such as your original birth certificate etc. Would be a good idea to start getting everything together now as well as all of your evidence of being a genuine couple. You don't *need* an attorney, I hired one. The paperwork overwhelmed me. It cost us $3000 on top of the filings fees but in my eyes was well worth it to make sure I didn't screw it up.

[Bobby+Umit 161]

If you are planning on AOS, make sure you file before the date your I94-W expires. Also you're gonna need documents, such as your original birth certificate etc. Would be a good idea to start getting everything together now as well as all of your evidence of being a genuine couple. You don't *need* an attorney, I hired one. The paperwork overwhelmed me. It cost us $3000 on top of the filings fees but in my eyes was well worth it to make sure I didn't screw it up.

Concur - since the OP entered on the VWP, and there are have been some troubling reports of VWP AOSs getting denied filed after the initial 90 days, it would be to your advantage to do it prior.

Remember - with the VWP, you have no recourse if they deny your AOS, you would have to go home.

[timmyandjane 0]

Thanks everyone so far for your advice and help, I am now looking at all the forms and ready to take the required action.

If anyone has done this before could you tell me how much it aprox costs?

Sincerely,

Timmy

[Leigh Ann 8]

Thanks everyone so far for your advice and help, I am now looking at all the forms and ready to take the required action.

If anyone has done this before could you tell me how much it aprox costs?

Sincerely,

Timmy

$355 for the I-131 and $1010 for the I-485 (including the fee to pay for biometrics to be taken).

You'll also have to pay to see a civil surgeon to get your I-693 filled out. That ranges, I think, from ~$150-$300. Some of that depends on how many shots (if any) you need to get.

[SF83 1]

I had to pay around $800 for my Medical stuff. I couldn't get hold of my Immunization record so they had to do bloodwork to see what shots I needed.

[Leigh Ann 8]

I had to pay around $800 for my Medical stuff. I couldn't get hold of my Immunization record so they had to do bloodwork to see what shots I needed.

Yikes!

Same for my husband, but it ended up costing around $250. I guess it depends on the area/doctor.