Mrs.Hull210

My husband Entered the USA on Visa Waiver and we got married. He then returned to his home country of England and continued to come back to the USA for visits, and was never given any problems coming and going. Our original plan was for me to move to England with him in a few years when both of my kids were a bit older, but while he was here I had some serious medical issues arise, and he decided not to go back so he could be here with me while I get treatment. All our plans changed in one Dr.'s visit... we decided to file AOS for him, and guess what, our interview was yesterday and we were APPROVED!!!
I personally agree with those who said to stay and adjust your status since you are already here. It's legal, and as long as you understand you can not leave the country until after your receive your AP card (if you choose to file for it) you should have no problem. And as stated before, you will not be interrogated about what your intentions were when you entered now that you are already here. I know from experience as nothing in our interview yesterday was asked of why he choose to stay, or why we married while he was here on VWP. Good luck!

Congrats! Well wishes for a good interview. 

I have no idea how one's sister witnesses the non-consummation of one's marriage. Perhaps she was in the bed with them every night making sure no hanky panky took place? This witness is bogus at best.
Wanting immigration benefits (a GC or citizenship) that one is entitled to is never a matter of shame. If she divorced and filed with a divorce waiver and was granted a 10-yr GC and wanted to then try bring her whole family here, so what?
It seems the ex husband thinks that divorce = no GC. Simply not true. I think the ex is suffering from "I thought I gave my spouse a green card and now I can take it back-itis". It is a serious brain infection whereby US citizen spouses believe they have some sort of immigration power.
Treatment options include:
- telling them to go away
- laughing in their face
- ignoring them
- going on with your own life
Apply treatment liberally.

Okay OP has clearly stated that they both have current Leases for Studio apartments which means:
1) They can not sleep in different rooms. If you aren't aware what a studio apartment is, please google it.
2) Neither can leave their studio apartments until mid 2017 to move into an actual 2 bedroom together for his medical reasons.
Okay, now my opinion. I have never seen a case like this, but that doesn't mean you can't get approved. If you have strong evidence to show the CO, which it sounds like you do, then go for it. I myself have a friend who's husband suffers from a mild sleep apnea that causes loud snoring. It took her years to learn to sleep next to him in the same room, and that's what Dr.'s called MILD, so I can't even imagine what you both are going through with a Severe case of whichever disorder he has! Thankfully, my friend was a stay at home wife so she could catch up on sleep during the day while he was at work with no problem. I see how that is not an option for you, and that makes sense to me why the 2 residences in the mean time.
I wish you both all the luck in the world, and I hope you will come back and let us know how your journey goes

Okay OP has clearly stated that they both have current Leases for Studio apartments which means:
1) They can not sleep in different rooms. If you aren't aware what a studio apartment is, please google it.
2) Neither can leave their studio apartments until mid 2017 to move into an actual 2 bedroom together for his medical reasons.
Okay, now my opinion. I have never seen a case like this, but that doesn't mean you can't get approved. If you have strong evidence to show the CO, which it sounds like you do, then go for it. I myself have a friend who's husband suffers from a mild sleep apnea that causes loud snoring. It took her years to learn to sleep next to him in the same room, and that's what Dr.'s called MILD, so I can't even imagine what you both are going through with a Severe case of whichever disorder he has! Thankfully, my friend was a stay at home wife so she could catch up on sleep during the day while he was at work with no problem. I see how that is not an option for you, and that makes sense to me why the 2 residences in the mean time.
I wish you both all the luck in the world, and I hope you will come back and let us know how your journey goes

Okay OP has clearly stated that they both have current Leases for Studio apartments which means:
1) They can not sleep in different rooms. If you aren't aware what a studio apartment is, please google it.
2) Neither can leave their studio apartments until mid 2017 to move into an actual 2 bedroom together for his medical reasons.
Okay, now my opinion. I have never seen a case like this, but that doesn't mean you can't get approved. If you have strong evidence to show the CO, which it sounds like you do, then go for it. I myself have a friend who's husband suffers from a mild sleep apnea that causes loud snoring. It took her years to learn to sleep next to him in the same room, and that's what Dr.'s called MILD, so I can't even imagine what you both are going through with a Severe case of whichever disorder he has! Thankfully, my friend was a stay at home wife so she could catch up on sleep during the day while he was at work with no problem. I see how that is not an option for you, and that makes sense to me why the 2 residences in the mean time.
I wish you both all the luck in the world, and I hope you will come back and let us know how your journey goes

Okay OP has clearly stated that they both have current Leases for Studio apartments which means:
1) They can not sleep in different rooms. If you aren't aware what a studio apartment is, please google it.
2) Neither can leave their studio apartments until mid 2017 to move into an actual 2 bedroom together for his medical reasons.
Okay, now my opinion. I have never seen a case like this, but that doesn't mean you can't get approved. If you have strong evidence to show the CO, which it sounds like you do, then go for it. I myself have a friend who's husband suffers from a mild sleep apnea that causes loud snoring. It took her years to learn to sleep next to him in the same room, and that's what Dr.'s called MILD, so I can't even imagine what you both are going through with a Severe case of whichever disorder he has! Thankfully, my friend was a stay at home wife so she could catch up on sleep during the day while he was at work with no problem. I see how that is not an option for you, and that makes sense to me why the 2 residences in the mean time.
I wish you both all the luck in the world, and I hope you will come back and let us know how your journey goes

Okay OP has clearly stated that they both have current Leases for Studio apartments which means:
1) They can not sleep in different rooms. If you aren't aware what a studio apartment is, please google it.
2) Neither can leave their studio apartments until mid 2017 to move into an actual 2 bedroom together for his medical reasons.
Okay, now my opinion. I have never seen a case like this, but that doesn't mean you can't get approved. If you have strong evidence to show the CO, which it sounds like you do, then go for it. I myself have a friend who's husband suffers from a mild sleep apnea that causes loud snoring. It took her years to learn to sleep next to him in the same room, and that's what Dr.'s called MILD, so I can't even imagine what you both are going through with a Severe case of whichever disorder he has! Thankfully, my friend was a stay at home wife so she could catch up on sleep during the day while he was at work with no problem. I see how that is not an option for you, and that makes sense to me why the 2 residences in the mean time.
I wish you both all the luck in the world, and I hope you will come back and let us know how your journey goes

Okay OP has clearly stated that they both have current Leases for Studio apartments which means:
1) They can not sleep in different rooms. If you aren't aware what a studio apartment is, please google it.
2) Neither can leave their studio apartments until mid 2017 to move into an actual 2 bedroom together for his medical reasons.
Okay, now my opinion. I have never seen a case like this, but that doesn't mean you can't get approved. If you have strong evidence to show the CO, which it sounds like you do, then go for it. I myself have a friend who's husband suffers from a mild sleep apnea that causes loud snoring. It took her years to learn to sleep next to him in the same room, and that's what Dr.'s called MILD, so I can't even imagine what you both are going through with a Severe case of whichever disorder he has! Thankfully, my friend was a stay at home wife so she could catch up on sleep during the day while he was at work with no problem. I see how that is not an option for you, and that makes sense to me why the 2 residences in the mean time.
I wish you both all the luck in the world, and I hope you will come back and let us know how your journey goes

Okay OP has clearly stated that they both have current Leases for Studio apartments which means:
1) They can not sleep in different rooms. If you aren't aware what a studio apartment is, please google it.
2) Neither can leave their studio apartments until mid 2017 to move into an actual 2 bedroom together for his medical reasons.
Okay, now my opinion. I have never seen a case like this, but that doesn't mean you can't get approved. If you have strong evidence to show the CO, which it sounds like you do, then go for it. I myself have a friend who's husband suffers from a mild sleep apnea that causes loud snoring. It took her years to learn to sleep next to him in the same room, and that's what Dr.'s called MILD, so I can't even imagine what you both are going through with a Severe case of whichever disorder he has! Thankfully, my friend was a stay at home wife so she could catch up on sleep during the day while he was at work with no problem. I see how that is not an option for you, and that makes sense to me why the 2 residences in the mean time.
I wish you both all the luck in the world, and I hope you will come back and let us know how your journey goes

Are you serious? You are concerned about the lack of periods in the OP's posts? Not everyone who comes to the US from another country is an English whiz, and I feel your post was not only very rude, but also very unnecessary.
OP, you are in a terrible situation. Please take the advice of those who are actually here to help, get all your important documents and belongings to a safe place. Know that your status will be safe, and although you are in fear of losing your schooling and job, you can overcome those obstacles. I wish you all the best.

Are you serious? You are concerned about the lack of periods in the OP's posts? Not everyone who comes to the US from another country is an English whiz, and I feel your post was not only very rude, but also very unnecessary.
OP, you are in a terrible situation. Please take the advice of those who are actually here to help, get all your important documents and belongings to a safe place. Know that your status will be safe, and although you are in fear of losing your schooling and job, you can overcome those obstacles. I wish you all the best.

As stated by other posters above, have your spouse file the I-130 and you file the I-485 together. Have your medical done before sending it off so it is included in your package as well as with all the other necessary documents. Read the guides provided to prevent leaving anything out and having your case stalled.
You do not need to leave the country, although you were given incorrect information about how to properly AOS, you are here now and you can do the concurrent filing. Yes others will call fraud, but they aren't USCIS, and border control are the ones that have to deny entry if they feel you were committing fraud. Your AOS can not be denied on your intentions when you entered. Do not leave the USA until you have properly filed your forms, and apply for AP (advance parole) if you plan on traveling while your AOS is pending.
Good Luck

As stated by other posters above, have your spouse file the I-130 and you file the I-485 together. Have your medical done before sending it off so it is included in your package as well as with all the other necessary documents. Read the guides provided to prevent leaving anything out and having your case stalled.
You do not need to leave the country, although you were given incorrect information about how to properly AOS, you are here now and you can do the concurrent filing. Yes others will call fraud, but they aren't USCIS, and border control are the ones that have to deny entry if they feel you were committing fraud. Your AOS can not be denied on your intentions when you entered. Do not leave the USA until you have properly filed your forms, and apply for AP (advance parole) if you plan on traveling while your AOS is pending.
Good Luck

My husband entered on VWP multiple times from England to the US, we married our very first visit and he continued to come for visits after. On his last visit, I had some medical conditions worsen and we decided he would need to stay. We went the AOS route without any problems. If you follow the guides provided on this site, you will be fine. Just know that as stated before, he will need to remain in the US while your case is pending, so I strongly suggest also applying for EAD and AP which will allow him to work and travel while you wait for the actual interview for Green Card. As of today, my husband is a 10 year GC holder, and never were we slapped with any accusations of committing fraud by USCIS.
Good Luck!

My husband just received his 10 year Green Card after adjusting from VWP. As stated above, we never included a letter to explain that overstaying wasn't the intent, nor were we asked any questions about why he decided to stay at our interview.

Hello
I am sorry that your husband has been having a hard time establishing credit. Before my husband received a GC, (his AOS was still pending) I was able to add him to bank account without any trouble, and since he is now a PR with a social security number, I have the option to add him to one of my long standing credit card accounts with Capital One. We also went into a car dealership that specializes in helping people with NO/BAD credit, and they approved him for a vehicle. Maybe that is an option for you to try.
Wishing you lots of luck!

Sounds kinda like you are downing the guy for his decision, I don't agree with it, but that is no reason to throw snide remarks at him. I have seen way more deserving posts on here then this one. You seem a bit jealous of his hypothetical success, he may be a millionare or a middle class working man, you and I dont know. Either way he made a decision, right or wrong as it may be. He could have thought it would take 5 hours on hold to get an answer, as many posts here imply.

You do not need to prove any of that.
As the spouse of a US citizen, you are considered an Immediate Relative. There have been immigration court cases. Under US laws based on Matter of Battista and Matter of Cavazos, USCIS can not deny your adjustment for a green card based on immigrant intent when you entered the US.
Just file your paperwork and have a good life. Ignore anyone who is telling you what you are doing is wrong or illegal. It's not. You adjusting status if perfectly legal.

My husband Entered the USA on Visa Waiver and we got married. He then returned to his home country of England and continued to come back to the USA for visits, and was never given any problems coming and going. Our original plan was for me to move to England with him in a few years when both of my kids were a bit older, but while he was here I had some serious medical issues arise, and he decided not to go back so he could be here with me while I get treatment. All our plans changed in one Dr.'s visit... we decided to file AOS for him, and guess what, our interview was yesterday and we were APPROVED!!!
I personally agree with those who said to stay and adjust your status since you are already here. It's legal, and as long as you understand you can not leave the country until after your receive your AP card (if you choose to file for it) you should have no problem. And as stated before, you will not be interrogated about what your intentions were when you entered now that you are already here. I know from experience as nothing in our interview yesterday was asked of why he choose to stay, or why we married while he was here on VWP. Good luck!

My husband Entered the USA on Visa Waiver and we got married. He then returned to his home country of England and continued to come back to the USA for visits, and was never given any problems coming and going. Our original plan was for me to move to England with him in a few years when both of my kids were a bit older, but while he was here I had some serious medical issues arise, and he decided not to go back so he could be here with me while I get treatment. All our plans changed in one Dr.'s visit... we decided to file AOS for him, and guess what, our interview was yesterday and we were APPROVED!!!
I personally agree with those who said to stay and adjust your status since you are already here. It's legal, and as long as you understand you can not leave the country until after your receive your AP card (if you choose to file for it) you should have no problem. And as stated before, you will not be interrogated about what your intentions were when you entered now that you are already here. I know from experience as nothing in our interview yesterday was asked of why he choose to stay, or why we married while he was here on VWP. Good luck!

That may be the Approval letter We got that letter a day or two before the EAD was delivered, so it will come separate.

Your priority date seems like it would be close to mine, so I think you EAD shouldn't be too far from being approved. Sometimes the approvals don't go in order, they can be a bit crazy. If you haven't any updates about an RFE, I wouldn't worry. The I-130 and I-485 normally won't be updated just yet. Some will get interviews scheduled quicker than the rest of us, but that's because their local offices are not overloaded. So if your local office is a busy one, it's really on their time frame for when you will get an interview. Hope that helps

You should send both as you'll need the I-485 down the line anyway. It also doesn't hurt to submit an I-131 and an I-765 for both the Work Authorisation and Advance Parole. It doesn't cost anything to file them as part of your Adjustment of Status package.

I couldn't agree more. What's done is done. You have already gotten the marriage license, already gotten married, so there is nothing that can be done about any of that. Nobody here knows for sure what the officer you get is going to look at, what that officer may think based on your paperwork, that is going to be completely up to that individual. You have been given lots of information, some good, some I'm sure scary, but when it all comes to it, none of us are in charge of your case. So in all honesty it doesn't matter what any of us think your intentions were, it doesn't matter what issues we have with your case or don't have with your case. If you feel that your case may be difficult, please seek legal advice. If you can not afford to, you have two options, take your chances and apply, or wait until you can afford to hire yourselves a lawyer.