# Advice please



## gezvinda (Aug 28, 2011)

On an etended holiday to my boyfriend in Ohio - we decided to get married and did so about a month ago. we don't know what are next steps should be - we have been to get the relevant forms an I 130, I 864 etc... we have been told that I can legally file up to 3 months from the date of entry into the states. My 13 year old son is with me and we have enrolled him at the local school which he starts tomorrow. We are just not sure what the next steps are - We didn't really think it through and just went with the flow whilst we were in the smoky mountains. Just want to know the next steps if anyone could advise. Many thanks


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## Davis1 (Feb 20, 2009)

gezvinda said:


> On an etended holiday to my boyfriend in Ohio - we decided to get married and did so about a month ago. we don't know what are next steps should be - we have been to get the relevant forms an I 130, I 864 etc... we have been told that I can legally file up to 3 months from the date of entry into the states. My 13 year old son is with me and we have enrolled him at the local school which he starts tomorrow. We are just not sure what the next steps are - We didn't really think it through and just went with the flow whilst we were in the smoky mountains. Just want to know the next steps if anyone could advise. Many thanks


Go see an Aila Lawyer especially if you entered the USA on a visa waiver


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## Crawford (Jan 23, 2011)

gezvinda said:


> On an etended holiday to my boyfriend in Ohio - we decided to get married and did so about a month ago. we don't know what are next steps should be - we have been to get the relevant forms an I 130, I 864 etc... we have been told that I can legally file up to 3 months from the date of entry into the states. My 13 year old son is with me and we have enrolled him at the local school which he starts tomorrow. We are just not sure what the next steps are - We didn't really think it through and just went with the flow whilst we were in the smoky mountains. Just want to know the next steps if anyone could advise. Many thanks



Did you enter the US on the VWP (visa waiver program), marry and have now overstayed ? (you are only allowed up to 90 days on the visa waiver program).


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## gezvinda (Aug 28, 2011)

Crawford said:


> Did you enter the US on the VWP (visa waiver program), marry and have now overstayed ? (you are only allowed up to 90 days on the visa waiver program).


only entered on the waiver program - have 23 days left - didn't mean to get married - just thought we could do it from here - had a crap year and just wanted my son to start afresh in a new life is all - haave I messed up? 'couldn't bear the thought of leaving him here now - we are a family...


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## Davis1 (Feb 20, 2009)

gezvinda said:


> only entered on the waiver program - have 23 days left - didn't mean to get married - just thought we could do it from here - had a crap year and just wanted my son to start afresh in a new life is all - haave I messed up? 'couldn't bear the thought of leaving him here now - we are a family...


if it was me I would go home before the I-94 runs out 
and the US citizens files for a spouse visa ..you return with a green card already sorted 

Or take a chance ...some succeed... some dont


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## Crawford (Jan 23, 2011)

gezvinda said:


> only entered on the waiver program - have 23 days left - didn't mean to get married - just thought we could do it from here - had a crap year and just wanted my son to start afresh in a new life is all - haave I messed up? 'couldn't bear the thought of leaving him here now - we are a family...


It is perfectly legal to enter the US and marry on the VWP as long as you intend to leave the US following the marriage and then apply for your spouse visa.

However it is not legal to enter the US with the intention of marrying and then staying. The fact that you have stated that you wanted your son to start a new afresh in a new life raises the question that you DID have this intent. You have enrolled him in school - another intent of staying.

I would consider consulting an immigration attorney at this stage, since if your application fails you will be outside the time frame of your VWP and this could result in a 3 year ban from the US.

Your other alternative is to go back to the UK, and your husband applies for the spouse visa for you. You could continue to visit during the application.

Good luck


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## gezvinda (Aug 28, 2011)

Crawford said:


> It is perfectly legal to enter the US and marry on the VWP as long as you intend to leave the US following the marriage and then apply for your spouse visa.
> 
> However it is not legal to enter the US with the intention of marrying and then staying. The fact that you have stated that you wanted your son to start a new afresh in a new life raises the question that you DID have this intent. You have enrolled him in school - another intent of staying.
> 
> ...



We only enrolled him because we thought we could apply for us to stay whilst our application was being considered. I had intended to return to england but when I phoned immigration they said I was entitled to file here because i was under my 90 days limit, therefore I let my flight go. I'm really confused now. 

Obviously I really want to stay here with my husband but am now fearful that I will be sent home and banned from re-entering the US for three years. The application is going to take longer than the 23 days I have remaining - I thought as long as I filed I could stay to find out the outcome.


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## twostep (Apr 3, 2008)

gezvinda said:


> We only enrolled him because we thought we could apply for us to stay whilst our application was being considered. I had intended to return to england but when I phoned immigration they said I was entitled to file here because i was under my 90 days limit, therefore I let my flight go. I'm really confused now.
> 
> Obviously I really want to stay here with my husband but am now fearful that I will be sent home and banned from re-entering the US for three years. The application is going to take longer than the 23 days I have remaining - I thought as long as I filed I could stay to find out the outcome.



You can file for change of status as long as the marriage was truly spontaneous. 
Let me do some digging.
As far as your child is concerned. Do you have sole custody?


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## gezvinda (Aug 28, 2011)

twostep said:


> You can file for change of status as long as the marriage was truly spontaneous.
> Let me do some digging.
> As far as your child is concerned. Do you have sole custody?



It was spontaneous - was just intending to spend a couple of months with my boyfriend and let him get to know my son - Not sure whether I have sole custody but his father is perfectly fine about the situation - he has no problem with my son staying in the US


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## Davis1 (Feb 20, 2009)

gezvinda said:


> It was spontaneous - was just intending to spend a couple of months with my boyfriend and let him get to know my son - Not sure whether I have sole custody but his father is perfectly fine about the situation - he has no problem with my son staying in the US


you will need a written statement from the father giving his permission for his son to leave the UK permanently or a court order

things they may check on
your return ticket
they may phone your UK employer if any and family members 
any landlord you may have had 
they will want to know about your possession in the UK 
that you are saying you left behind


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## Crawford (Jan 23, 2011)

gezvinda said:


> We only enrolled him because we thought we could apply for us to stay whilst our application was being considered. I had intended to return to england but when I phoned immigration they said I was entitled to file here because i was under my 90 days limit, therefore I let my flight go. I'm really confused now.
> 
> Obviously I really want to stay here with my husband but am now fearful that I will be sent home and banned from re-entering the US for three years. The application is going to take longer than the 23 days I have remaining - I thought as long as I filed I could stay to find out the outcome.


Take a look at this article. This may help you in your decision. 

If you decide to go ahead with the application from the US then make sure you have all your i's dotted and your t's crossed.

Can I Get Married On a Tourist Visa to a US citizen? - VisaPro Immigration Articles


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## twostep (Apr 3, 2008)

USCIS - Green Card for an Immediate Relative of a U.S. Citizen
Get your documents out ASAP, do not overstay your I94, son has to be on I130 - I am working on confirmation of this statement.


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## twostep (Apr 3, 2008)

twostep said:


> USCIS - Green Card for an Immediate Relative of a U.S. Citizen
> Get your documents out ASAP, do not overstay your I94, son has to be on I130 - I am working on confirmation of this statement.


Son needs his I130 and fees have to be on seperate checks. 

Good luck!!!


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