Need advice on possibly adjusting status after visa overstay

[Callistora 6]

So me and my fiance, who is from Canada, just recently got engaged in the past week and plan to marry in a very small ceremony with probably just my parents sometime in July (nothing really planned), since neither of us are wedding people. He has until the end of August stamped in his passport. He entered with just the intentions to stay just a couple months, but the longer he stayed the harder it became to think of him leaving and now with me recently receiving a decent full time job and new plans to marry we want to look into adjusting his status here. The only issue is we have very little time to come up with enough money for both the I130 and I485 and possibly legal help as well to make the process easier and I'm just not sure I'll be able to save ~2000 bucks before end of August.

I thought about just filing the I130, since I know I can afford that one and likely won't need help with the application, and we aren't in a huge rush for a green card as long as he can continue to stay with me, but can he stay lawfully while I130 is pending? Or is that only for I485? Another option is to wait maybe 5 to 6 more months, he'll overstay about 3 months, and just hire a lawyer to handle everything. The reason I am leaning towards legal help is I worry about the evidence we have since we've only been living together for almost 4 months and we live with my parents (had to move back home after my Mom's heart surgery, which fiance was here for and helped me through last year). So nothing is in his name, although I plan to add him to my bank accounts once we marry.

Some background info on us, we met online, in a game. We've actually known each other for about 4 to 5 years but nothing became serious until 2.5 years ago, we met in person 6 months later and tried to visit each other every 6 months at least. We lack pictures however cause we just aren't those kinda people who take lots of pictures. We used skype everyday 8 hours+ (we just could never go very long without talking) however unless you save your conversations they eventually disappear so it only goes so far back. I have pictures from his time here so far at family gatherings and text messages fron the last 6 months but just not much from before that except some flight reservation since we used skype as our primary way of contact. I do have one letter I emailed him that talks about our first in person meeting, but there's some parts that are extremely personal, so I hesitate on that one.

Anyways sorry if it's all too much info, that's just how I am. Any advice on what we should do and how our case looks is much appreciated. I am a huge worrier and stress easily so I am terrified of this whole process.

[Transborderwife 4,666]

To ensure his safety both need to be filed together

[Callistora 6]

So is it better to wait to file together and have him overstay 3 to 4 months or file I130 while he's here lawfully so they can at least see we've begun the process.

[EM_Vandaveer 2,370]

File them together. I-130 does not give him authorized stay when filed, anyway. Concurrent filing does.

[A'n'L 735]

As said, it only makes sense to file it together. Spend some time reading on this forum, and you'll be better educated than most lawyers (=saves you that cost). File as soon as you can. Maybe someone can lend you some money?

[Callistora 6]

Will we run into any major problems if we file both a month or 2 after his stay is over? Or will his overstay be forgiven since he married a us citizen and filed?

No one to really borrow money from. My mom and stepdad has been putting money into getting his citizenship (been us resident for 15 years), his interview in 2 weeks.

[EM_Vandaveer 2,370]

You won't have problems by waiting a couple of months. Like you said, overstay is forgiven to spouses of USCs.

Edited June 14, 2016 by EM_Vandaveer

[KayDeeCee 4,892]

I-130 alone will not do anything for authorized stay in the US. That is just the USC petitioning for the spouse to show they are an eligible immigrant. The I-485 is the form for adjusting status within the US. Once that is filed, you enter a period of new authorized stay for the entire time your case is being processed.

And yes, once the green card is approved, overstay will not matter for the spouse of a USC.

[squareleg 69]

USCIS are wedding people...

He entered with just the intentions to stay just a couple months, but the longer he stayed the harder it became to think of him leaving.....this is violation of certain laws.....have them go to Canada and come through proper channels.

This forum is not to help break laws........

[Harpa Timsah 13,258]

USCIS are wedding people...

He entered with just the intentions to stay just a couple months, but the longer he stayed the harder it became to think of him leaving.....this is violation of certain laws.....have them go to Canada and come through proper channels.

This forum is not to help break laws........

You are incorrect. OP did nothing wrong.

[Callistora 6]

So because I have never ever wanted a wedding (the thought of being the center of attention terrifies me; being maid of honor at my sisters wedding was bad enough) that must mean I'm not being truthful? He hasn't even overstayed. The whole point of my thread was my worry that I won't be able to save enough money to file an I130 and I485 before he is suppose to leave so I was hoping to find out if him staying a couple extra months while I save money for it would be a huge problem.

Thanks for the responses by the way. I'm probably gonna start going back and looking through pictures, emails, texts and whatnot and start accumulating evidence. I think I may forget about a lawyer. My mom went through this process for her husband with a lawyer but their situation was more complicated since they both have kids, both were married before and he was here illegally (and working) for many years before marrying her. He's now pursuing citizenship after 10 years as a legal resident which he's excited about.

Edited June 14, 2016 by Callistora

[Dirty harry 25]

USCIS are wedding people...

He entered with just the intentions to stay just a couple months, but the longer he stayed the harder it became to think of him leaving.....this is violation of certain laws.....have them go to Canada and come through proper channels.

This forum is not to help break laws........

Which laws were violated?

Harry

[EM_Vandaveer 2,370]

USCIS are wedding people...

He entered with just the intentions to stay just a couple months, but the longer he stayed the harder it became to think of him leaving.....this is violation of certain laws.....have them go to Canada and come through proper channels.

This forum is not to help break laws........

They are not violating any law. It's perfectly legal for them to file for AOS.

[Russ&Caro 1,548]

USCIS are wedding people...

He entered with just the intentions to stay just a couple months, but the longer he stayed the harder it became to think of him leaving.....this is violation of certain laws.....have them go to Canada and come through proper channels.

This forum is not to help break laws........

You should probably refrain from giving immigration advice until you have a more comprehensive understanding of the process.

Also, as someone who has almost zero information in their profile, no timeline, and no country associated with the account, others should generally discount your advice until you address this profile information gap.

Edited June 14, 2016 by Russ&Caro

[umikoikaze 12]

USCIS are wedding people...

He entered with just the intentions to stay just a couple months, but the longer he stayed the harder it became to think of him leaving.....this is violation of certain laws.....have them go to Canada and come through proper channels.

This forum is not to help break laws........

Why does AOS exist in the first place if it's illegal to AOS from a non-immigrant visa? I'm sure if it was illegal, USCIS wouldn't have it as an option.

My advice is to try to file for AOS as soon as possible, but don't worry too much as overstay will be forgiven for spouses of US citizens. Good luck to you!