my boyfriend came on the VWP

[Lex Specialis 38]

A Belgian national probably cannot adjust status in the US if he is here as a visitor under the Visa Waiver Program. After you get married, you could file for his I-130 while he is stateside, he can stay here as long as he is legally allowed (90 days max I believe) but he would need to go to Brussels or whatever local US consulate there is to get his passport stamped with an immigrant visa. If he were here on a student visa or another type of non-immigrant visa, that is a different thing. Although the statute (INA section 245 section ©(4)) seems to say it's ok for an alien to adjust status if he or she is here on the VWP can adjust status based on a US citizen spouse, it has been a contraversial issue and USCIS takes a different position. Here is a link to an article that might be helpful for you.

http://www.montaglaw.com/2012/03/11/visa-waiver-adjustment-no-love-in-the-city-of-brotherly-love/

[Moomin 292]

If you get married and start the immigration process, then take into consideration that

1 - han cannot visit back home until he either has greencard in hand or a temp. travel document. It takes around 3 months from receiving a receipt from USCIS after you've submitted the documents. If he leaves before greencard/travel document in hand - regardless of the situation - his application will be denied.

2 - the petition/application alone costs around 1400, not including the mandatory medical(and vaccinations if he's missing some), passport style pictures, travel to/from biometrics appointment/interview and other fees you might run into.

3 - Be prepared for the affidavit of support and what it requires. That'll most likely be the one form you'll spent the most time on. It's you as the USC who needs to fill this one out. All other documents are filled out by the non-USC.

4 - He cannot work until he has either greencard or work auth. On the bright side, if you submit the work application(and travel doc.) at the same time of I485(AOS) you don't have to pay for it - the fee for I765 and I131 is waived.

So - you guys need to get married first. Apply for marriage license, get married, get certified copy of the marriage certificate. Make copies of this one, probably around 5 while you're at it anyways. Gather his birth cert., translate it and gather all other documents needed. Find a USCIS approved civil surgeon in the area and get medical done(expect around 150-200 dollars for a full medical).

At this time you already have your supporting paperwork done for the I864(affidavit of support) so everything's ready to be submitted. I'm saying this because the faster you get in out there, the less of an unlawful stay he'll be in.

Read the guide on here (AOS from tourist visa) to see the full list of documents and the flowchart.

Edited March 24, 2013 by moomin

[Boiler 43,790]

He came here for the full 90 days so waiting another 90 days or so to get work authorisation or being able to visit home is probably no biggie.

Adjust status is really a question of assembling documents and filling in forms, most people here do it themselves.

This is the wrong part of the site for marriage guidance, perhaps a Mod can move those questions in to their own thread.

[Owen_London 65]

A Belgian national probably cannot adjust status in the US if he is here as a visitor under the Visa Waiver Program. After you get married, you could file for his I-130 while he is stateside, he can stay here as long as he is legally allowed (90 days max I believe) but he would need to go to Brussels or whatever local US consulate there is to get his passport stamped with an immigrant visa. If he were here on a student visa or another type of non-immigrant visa, that is a different thing. Although the statute (INA section 245 section ©(4)) seems to say it's ok for an alien to adjust status if he or she is here on the VWP can adjust status based on a US citizen spouse, it has been a contraversial issue and USCIS takes a different position. Here is a link to an article that might be helpful for you.

http://www.montaglaw.com/2012/03/11/visa-waiver-adjustment-no-love-in-the-city-of-brotherly-love/

I'm afraid you don't know what you're talking about, even if you talk like a lawyer.

There are lots of people on this site who have successfully adjusted status after entering under the VWP. The key is whether USCIS think the immigrant intended to marry and immigrate when entering the US, or decided to later.

[ValerieA 350]

A Belgian national probably cannot adjust status in the US if he is here as a visitor under the Visa Waiver Program. After you get married, you could file for his I-130 while he is stateside, he can stay here as long as he is legally allowed (90 days max I believe) but he would need to go to Brussels or whatever local US consulate there is to get his passport stamped with an immigrant visa. If he were here on a student visa or another type of non-immigrant visa, that is a different thing. Although the statute (INA section 245 section ©(4)) seems to say it's ok for an alien to adjust status if he or she is here on the VWP can adjust status based on a US citizen spouse, it has been a contraversial issue and USCIS takes a different position. Here is a link to an article that might be helpful for you.

http://www.montaglaw...brotherly-love/

Totally wrong. There is no issue with people from VWP adjusting status when they have a USC spouse. Many have done it, just read the all the stories on this site alone.

I'm afraid you don't know what you're talking about, even if you talk like a lawyer.

There are lots of people on this site who have successfully adjusted status after entering under the VWP. The key is whether USCIS think the immigrant intended to marry and immigrate when entering the US, or decided to later.

Yes, except intent is not the issue. The only issue is a bonafide marriage. Intent is assessed at the border when the visitor is entering the US. If they are allowed to enter, they were judged to have no intent. Although there have been some anecdotes of people being asked about intent at their interview, it is not used as a reason to deny. There must be other serious negative factors in the case for a denial.

[JohnR! 5,495]

first off its noones busniess how or when or what we do in our relationship two,its no read flag this was as random as any,if he never met me he never would have came here no need to all his former life is set,doesnt really need to go back, all i was asking was what is the proccess im not on a high, im in love huge difference, also he is from belgium,so besides i just wanted advice not a hole speal on this thanks but you didnt help

IMHO the other poster made a series of valid and very true comments. Nobody leaves their job and their entire life behind in such an unplanned spontaneous manner.

However, having said that what does anyone know? It appears you and your new husband were made for each other.

[Boiler 43,790]

No mention of job.

[ClydesdaleCouple 75]

Sorry you have to go through all these idiots who think they know everything. My hubby and I did exactly what you are wondering about. We've been married a year now and never looked back. Sometimes things are just right. Good luck on your journey, feel free to add me as were going through the process right now.

[ValerieA 350]

Edited because was on totally wrong topic, sorry

Edited March 26, 2013 by ValerieA