xaanaa

I do thank everyone... I believe that marrying and adjusting status would be better off for our family yet there are a number of scary possibilites >. I obviously do not want him to be banned and never be in his childs life : ( it is not feasible for me to go to the UK because of my young daughter. I am going to contact an attorney to see what they think.. I think the whole K1/3 is a hard thing for everyone to go through and the process should be so much quicker as its so unfair to keep loved ones and families apart : (

You should speak to an attorney before you proceed.

Your husbands adjustment of status is based upon his marriage to you. Not upon his intent to immigrate. Confusing comment?

You'll file a stack of papers with the government to begin the process. The form on top of the stack is the I485 - you might want to go to uscis.gov, have a look at the form, and read the attached instructions for it. When you send in your papers, you don't include proof of his intent to return to the UK. You include other documentation as explained on the form.

At your interview, you need to be prepared for the possibility the officer will question your husbands intent at entry. The primary focus of the interview though will be proving to the officer that your marriage is bonafide. You will need to carry proof, on that day, of both.

You can't just go over to the UK and just get married. You'll need a visa from them for that. You can go over there and visit but not marry him during that visit without such a visa.

For the foreign born spouse, one of the pitfalls of marrying in the US and filing for adjustment is that they can't return to their birth country without risking being denied re-entry until the paperwork process is complete. There are often 'details' at home that need cleared up before someone can move to another continent. Your fiance seems to have more details than the average bear. These details might be in your favor insofar as proving he didn't have immigrant intent when he last crossed the border, but they are still troublesome.

Speak with an attorney and then make the best decisions for your life as a married couple. Don't let him forget to make the best decisions for himself also. I've been married to a man from the UK for a couple of years now. He did have a life before he met me - memories of home and family back there. Don't let your man have any regrets about leaving home suddenly.

I know it is a hard decision to make really as it means that when he left to come visit me he said see you in a few months to his family and friends and now it could be see you in about 6 months before he can get back there most likely if we decide to get married. That will be hard for him I think because it was so sudden and there are so many things to deal with back there and I know he helps his parents out alot and i think they would feel the crunch as well with him gone so quickly. Also all his money is tied up there except what he has in the bank that he has debit card for which is tough... It really is so many things to think about~!~! Thanks so much everyone....

Definitely see a lawyer. You have a few strikes against you on this - no job. living with parents (contract or no, they're still his parents, not a landlord), and multiple visits. These things will stand against you.

Thanks.. I guess we may have to go the K1 route or K3 if I go to the UK with him for a few weeks.. I wish I could take my child with me as I would just go there and marry him as then stay until the k3 goes thru... there are always obstacles I guess no matter which route to take... I know we did not have the intent to marry when he came in this time but I guess making someone believe you is scary... I just really did not want to go thru a pregnancy and everything by myself. I guess with the timelines the way they are I can hope he will be here for the birth ....

He has not got a job as he took early retirement from his job so he could travel for a year. He plans on going back and starting a firm with his friend renovating houses. He has rent to pay to his parents as owning a house is crazy on the coast where he lives. All his stuff is still there and he still has bank accounts, credit cards, share schemes etc that he would need to return to sort out if he did stay and marry. He is worried that because he still lives with his parents that he has not tie on that aspect although he has got a contract with them that expires in September. I have seen this as he brought it over this time as he has been here 4 times on the VWP so needed to show his ties to the uk when he entered last time.

Thanks again everyone

Would the fact that I was still married be enough to prove that we had no intent to marry or what else can I show to prove this to be the case. My SO is so upset as he does not want to leave and miss the first kick, birthing classes etc and is worried that the stress of all this will have a bad effect on our baby. All your help is fantastic and we just do not want to do anything wrong.

Personally...with a baby in the picture...I'd not take that risk..just my opinion....sure...I'd talk about it..be tempted...but i'd not risk being banned. Takes one bad day with an adjudicator to mess up and entire life..and not just his and hers...but now a baby to?? Not worth ANY risk....

If we start the AOS before the VWP expires then he did not overstay correct? What happens if they do not believe we did not have the intent at the time of entry? If he does get sent back to the UK can we not still file a K3 and he came back? I am confused why he would be banned? I know what you mean though it is risky putting our lives, a unborn child and my child that thinks of him as her father already in the hands of one person that may not believe us. It is hard to be in their shoes as I know we did not intend to marry as stated before I thought my divorce was going to take ages at least another 4-5 months to sign then another 2 months to get finalized in the court but it ended up being so quick. and we also did not plan on having a child out of wedlock as old fashioned as it may sound I really want to be married before the child is born.

As others have said, plenty have done it this way with no problem at all. Some of us who didn't have the option of having partners visit under VWP are jealous that you can do it this way, but follow the advice of the other posters and you should be fine.

Thanks so much everyone. I know that we can prove our relationship is real. We had previously looked at the K1 process and we saw that we had lots of the primary evidence as he has been here 4 times in the last 9 months. We have phone bills from when we were apart. He has a bank account here that he opened a few months back on one of his visits so he would not get charged foreign bank fees. I guess I am carrying his child that will be some more proof lol. As far as showing no immigrant intent at the time he arrived 7 weeks ago would be i was still married at the time so i was not free to marry , he has all his money and stocks left in the UK. all his belongings except his stuff he brought with him is here. The only thing that worried me is he was not working yet was going to start up a business with his friend when he got back it was in discussion form at the time. Also he lived with his parents as the price for a flat is crazy, he did pay them rent though and I actually think he has a lease because he needed for Something else as well And the fact that we thought about the K1 at a later date. I did not plan on wanting to get married so soon as I wanted everyone to be here and not just go to the JP and do it. Yet I know I do not want to be apart from him How does the process work after you fill out the papers? Do you go to an interview at the local consulate?

Sorry for so much rambling but there are so many things to think about !!!

i meant all his belongings are there not here

As others have said, plenty have done it this way with no problem at all. Some of us who didn't have the option of having partners visit under VWP are jealous that you can do it this way, but follow the advice of the other posters and you should be fine.

Thanks so much everyone. I know that we can prove our relationship is real. We had previously looked at the K1 process and we saw that we had lots of the primary evidence as he has been here 4 times in the last 9 months. We have phone bills from when we were apart. He has a bank account here that he opened a few months back on one of his visits so he would not get charged foreign bank fees. I guess if I do find out I am carrying his child that willbe some more proof lol. As far as showing no immigrant intent at the time he arrived 7 weeks ago would be i was still married at the time so i was not free to marry , he has all his money and stocks left in the UK. all his belongings except his stuff he brought with him is here. The only thing that worried me is he was not working yet was going to start up a business with his friend when he got back it was in discussion form at the time. Also he lived with his parents as the price for a flat is crazy, he did pay them rent though and I actually think he has a lease because he needed for Something else as well And the fact that we thought about the K1 at a later date. I did not plan on wanting to get married so soon as I wanted everyone to be here and not just go to the JP and do it. Yet I know I do not want to be apart from him How does the process work after you fill out the papers? Do you go to an interview at the local consulate?

Sorry for so much rambling but there are so many things to think about !!!

The suggested time frame from USCIS is about 90 days after the dated receipt of the AP application. The AP application needs to accompany an AOS application for it to be considered. So, you need to marry, obtain the official marriage certificate, submit the I-130 petition for a family member (spouse), the AOS (adjustment of status from a non-immigrant to an immigrant) application and the AP (Advance Parole)application. You may also wish to submit an Employment Authorization (EAD) application at the same time as that will authorize your spouse to work once he receives the EAD. The applications are received by USCIS who sends back receipts acknowledging each application. The AP and the EAD take approximately 90 days to be processed.

The AP is used by the intending immigrant as permission to return to the US while the AOS is being processed. If he leaves prior to its receipt, then he will not be allowed back into the US. You basically have to start all the immigration process over from the beginning - with him outside of the US.

Is he incurs an overstay on his Visa Waiver they may not honour the AP when he tries to use it so it is good to make sure he retains a valid status in the US until he gets the AOS submitted. This may mean getting married as soon as possible rather than planning for something more formal.

ok so you all think we would be ok and they will not deport him since we can pretty much prove our intention was not to marry when he entered 2 mos ago

i mean we planned on someday getting married but not this soon but now i rather not be away from him...

OK here is the issue I have. Almost 2 months ago my boyfriend (from the UK) came to visit me under the VWP. Since he has arrived my divorce finalized and we decided we want to get married. We originally thought about doing the K1 but it is such a lengthy process and we are wanting not to be apart obviously can we get married since the "intention" at the time he came in was just to visit and not marry? what would the process be once we get married?

I have asked on another forum but you all see to know so much more about this stuff. Thanks so much!!!!

<BR>OK here is the issue I have. Almost 2 months ago my boyfriend (from the UK) came to visit me under the VWP. Since he has arrived my divorce finalized and we decided we want to get married. We originally thought about doing the K1 but it is such a lengthy process and we are wanting not to be apart obviously can we get married since the "intention" at the time he came in was just to visit and not marry? what would the process be once we get married?<BR>I have asked on another forum but you all see to know so much more about this stuff. Thanks so much!!!!<BR>

<BR><BR>Technically you can marry while he is here and technically he wont have to go back.  However, the burden of proof will be on you to prove the intention was NOT for marriage.  It will be looked at closely as possible visa fraud which is a crime.  He could be deported after marriage and banned from the US.  I for one would rather take the long wait..then to risk my husband being banned from the US.  Proving "intention" is next to impossible...I'd stay with the K1 route.  6-8 months out of your lives wont make a difference to you 5 years from now...but him being deported and banned WILL make a difference to you 5 years from now...I'd stay safe...k1...<BR>

I think the divorce becoming final after the entry, is pretty good evidence there was no intent to marry and adjust status because one party wasn't free to do so.

What the OP needs to consider though is that if they decide to adjust status, the foreign spouse needs to stay in the US until they have Advanced Parole. This may or may not be practical.

how long does advanced parole take?

OK here is the issue I have. Almost 2 months ago my boyfriend (from the UK) came to visit me under the VWP. Since he has arrived my divorce finalized and we decided we want to get married. We originally thought about doing the K1 but it is such a lengthy process and we are wanting not to be apart obviously can we get married since the "intention" at the time he came in was just to visit and not marry? what would the process be once we get married?

I have asked on another forum but you all see to know so much more about this stuff. Thanks so much!!!!

<BR>OK here is the issue I have. Almost 2 months ago my boyfriend (from the UK) came to visit me under the VWP. Since he has arrived my divorce finalized and we decided we want to get married. We originally thought about doing the K1 but it is such a lengthy process and we are wanting not to be apart obviously can we get married since the "intention" at the time he came in was just to visit and not marry? what would the process be once we get married?<BR>I have asked on another forum but you all see to know so much more about this stuff. Thanks so much!!!!<BR>

<BR><BR>Technically you can marry while he is here and technically he wont have to go back.  However, the burden of proof will be on you to prove the intention was NOT for marriage.  It will be looked at closely as possible visa fraud which is a crime.  He could be deported after marriage and banned from the US.  I for one would rather take the long wait..then to risk my husband being banned from the US.  Proving "intention" is next to impossible...I'd stay with the K1 route.  6-8 months out of your lives wont make a difference to you 5 years from now...but him being deported and banned WILL make a difference to you 5 years from now...I'd stay safe...k1...<BR>

I think i could prove intention quite easily as I was not free to marry at the time he came in as my divorce was still not finalized. I know that 6-8 months is not a big deal but as I may be pregnant it might be a big deal to both us if we indeed are (which we will find out soon enough)

OK here is the issue I have. Almost 2 months ago my boyfriend (from the UK) came to visit me under the VWP. Since he has arrived my divorce finalized and we decided we want to get married. We originally thought about doing the K1 but it is such a lengthy process and we are wanting not to be apart obviously can we get married since the "intention" at the time he came in was just to visit and not marry? what would the process be once we get married?

I have asked on another forum but you all see to know so much more about this stuff. Thanks so much!!!!