Help, PLEASE!!!

[FreakyBot 0]

I met my husband (US citizen) through the internet, in July 2009. In February, 2010, he came to Portugal to visit me . Later, in May I decided to come to the USA, under the visa waiver program, since Portugal is in the list of visa waiver countries allowed in the USA. In July 2010, we got married in Chesterfield/Virginia and later that month, I returned to Portugal because, since i entered the country as a visitor, i cannot stay for a period superior to 3 months. In late September, i came back to the USA to visit my husband, under the same visa waiver program.

I wish to become a permanent LEGAL resident and not having to go back and forth every 3 months, because its extremely costly and naturally I want to stay with my husband. I have contacted USCIS immigration services and received mixed information. The person my husband talked to informed us, we had to file i- 130 and i-485 and that I can remain in the USA while it is being processed. (Petion for alien relative and application to register permanent residence) at the same time, even though i had entered the country under the visa waiver program. The second, informed me I cannot file for permanent forms i-130 and I-485, since i entered the country under the visa waiver program and that we may face legal punishment if our intentions were to circumvent the immigration process. So my question is, specifically, what do i have to do to become a legal immigrant. And besides the following forms, Petions for alien relative and application to register permanent residence, do I need to do anything else.

I have 6 specific questions that i need answered which the USCIS phone representative was unable to answer regarding the USCIS form I-485. (I have read all self help information) She emphasized I contact a community based legal representation group for help.

1. The information says "if you have entered the country legally (which I did under the visa waiver program) then I can file I-130 and I-485 at the same time. On Form I-485, on section 2 which block do I select? a, b, or h with which type of explanation?

2. At the airport I was interviewed by US Customs and Border agents at entry. In section 3 it asks were you interviewed by an immigration officer. Is that the same? Shall I answer "yes or no"?

3. Our intentions of marriage was NOT to circumvent any immigration laws. However, after being here for two months, we did decide we were so in love that we wanted to get married. I am now one month pregnant with his baby. I want to ensure we are not penalized. We want to do things the right way. How can we now ensure that everything is legitimate.

4. Is there a certain length of time I have to stay out of the USA before I can return between visits?

5. Can my husband submit I-130 now and submit I-485 in about a week or would that jeopardize my ability to stay in the USA while the I-485 is processed? Do you recommend we submit I-130 and I-485 together?

6. Can I file i 485 now and submit i 693 later?

TY in advance!

[alexa51030 1]

I think the most appropriate thing to do is for you to go back to Portugal and let your husband petition for you. That process could take about a year or less (depending on your country) to complete. He would have to file an I-130.

Another option would be you coming here and staying to do the process here. But i don't know how that one goes, if it's too complicated or more expensive. All i can tell you is that many people have done it and still do it. But I don't know what kind of repercussions you would have(with immigration) with this option or if you have to pay more than with the other option of your husband petitioning for your while abroad. I'm sure someone will answer this question soon.

Good luck on whatever you decide doing.

[Harpa Timsah 13,258]

You should post over here and you'll get a slew of answers. Hopefully a mod will move the post.

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Anyway, a person who enters on the VWP CAN adjust their status with the concurrent 130/485 petition if they did not have immigrant intent when they entered. (You say this applies to you). However, lately, some offices are denying people who filed after they OVERSTAYED their VWP. Meaning, if it has only been two months, you can file now and be okay (you must get it initially accepted/checks cashed) before you overstay. Then you would begin a new period of authorized stay and in fact would not be able to leave for 3-4 months. If you have only a month less on your VWP or less, then you better hurry up I recommend if you are going this route, you send them together and you must include your medical with the original submission (there is a chance they would accept and send you a notice to submit medical, but that is risky).

Option 2: You can file the petitions for the normal spousal visa (the petition is the 130 by itself which would lead to a CR-1 visa). The petition would work its way through USCIS and you would have an interview in Portugal. You can still visit the US like you have been while the petition is pending.

I think it really depends on how much time you have left on your VWP if you can pull of the AOS thing. Good luck.

(And to your #2 question you say yes, it's the same).

[FreakyBot 0]

Shalom! ;o) Thank you very much for the info! It's been extremely useful!!!

[Harpa Timsah 13,258]

Glad to help. I saw your post in the other forum. Now if we can get the mods to combine the threads... I'll send vibes their way to read my mind

[FreakyBot 0]

Thank you, again, for the advise and the tips ;o) I already had some answers! Now, I just hope I'll survive the amount of paperwork and waiting!

Glad to help. I saw your post in the other forum. Now if we can get the mods to combine the threads... I'll send vibes their way to read my mind