Sima99

I asked a few questions a while ago about staying in the US permenantly
from the UK.
I was advised that marriage is the best bet and vegas was the easiest
place to do it.
Well we have our flights to Vegas booked and will be getting married in
the next week.
My 90 day visa runs out on April 30th but we will file the I-130 form
next week along with the G325-A form before my temporary visa expires.

So my questions are
1) Is it ok for me to stay in the US while our Applications are being
processed?
2) Is there anything else we need to file or is there anything i have
forgotten?

Sylvia Ottemoeller

"Sima99" <member37414@british_expats.com> wrote in message
news:31$295222$2232145$...

    > I asked a few questions a while ago about staying in the US permenantly
from the UK.
    > I was advised that marriage is the best bet and vegas was the easiest
place to do it.
    > Well we have our flights to Vegas booked and will be getting married in
the next week.
    > My 90 day visa runs out on April 30th but we will file the I-130 form
    > next week along with the G325-A form before my temporary visa expires.
    > So my questions are
    > 1) Is it ok for me to stay in the US while our Applications are being
    > processed?

If your spouse is a U.S. citizen, and you are in the U.S. (and you don't
have a problem of preconceived immigrant intent), you may file (at the
appropriate USCIS district office): Forms I-130 (spouse signs)/I-485 (you
sign) together with Forms I-765 and I-131 if you want to be able to work and
travel outside the U.S. during the pendency of the application.

If that is the case, you may stay in the U.S., and in fact you *should not*
depart even briefly until you get advance parole approved .

If your spouse is not a U.S. citizen, but merely a U.S. permanent resident,
your spouse may file Form I-130 at the appropriate USCIS Service Center,
asking to classify you in the category Family 2A. This filing gives you no
status in the U.S. whatsoever. You may not complete the permanent resident
process for about 5 to 6 years, and in the meantime, if you remain in the
U.S. you violate status and become subject to deportation and other
penalties.

An I-130 for the category Family 2A cannot provide the basis for a K-3 visa.
Only an immediate relative I-130 can do that.

    > 2) Is there anything else we need to file or is there anything i have
    > forgotten?

I don't think you have the complete picture yet. I suggest you look through
the family-based websites for awhile, and then ask some more questions.

Bob

    > I asked a few questions a while ago about staying in the US
    > permenantly from the UK.
    > I was advised that marriage is the best bet and vegas was the easiest
    > place to do it.
    > Well we have our flights to Vegas booked and will be getting married
    > in the next week.
    > My 90 day visa runs out on April 30th but we will file the I-130 form
    > next week along with the G325-A form before my temporary visa expires.
    > So my questions are
    > 1) Is it ok for me to stay in the US while our Applications are being
    > processed?
    > 2) Is there anything else we need to file or is there anything i have
    > forgotten?

It does sound like you had intent....and this being a public forum, who
knows who else is reading it.
Also, as the onus is on you to prove you didn't have intent, which, from
what you say, does sound very week, they might deny it, and if they did,
as you came on vwp, you would have no rights to appeal the decision.

Sima99

    > It does sound like you had intent....and this being a public forum,
    > who knows who else is reading it.
    > Also, as the onus is on you to prove you didn't have intent, which,
    > from what you say, does sound very week, they might deny it, and if
    > they did, as you came on vwp, you would have no rights to appeal the
    > decision.

I know it don't count for much but i can swear there was absolutely no
intent whatsoever

That is 100% truth
Also the truth is the fact that i honestly couldn't bear being apart
from her as she is the most amazing woman you are likely to meet.
this is my reason for wanting to marry her and stay with her for the
rest of my days.

I also had a very good job back in England with good pay and benifits
and pension.
There was no way when i left for a couple of weeks that i had any
thoughts of not going back.

Bob

    > I know it don't count for much but i can swear there was absolutely no
    > intent whatsoever
    > That is 100% truth
    > Also the truth is the fact that i honestly couldn't bear being apart
    > from her as she is the most amazing woman you are likely to meet.
    > this is my reason for wanting to marry her and stay with her for the
    > rest of my days.
    > I also had a very good job back in England with good pay and benifits
    > and pension.
    > There was no way when i left for a couple of weeks that i had any
    > thoughts of not going back.

proof of that would help, like a letter from your employer saying that
you were expected back to do such and such tasks for example.

Ray

    > I know it don't count for much but i can swear there was absolutely no
    > intent whatsoever
    > That is 100% truth
    > Also the truth is the fact that i honestly couldn't bear being apart
    > from her as she is the most amazing woman you are likely to meet.
    > this is my reason for wanting to marry her and stay with her for the
    > rest of my days.
    > I also had a very good job back in England with good pay and benifits
    > and pension.
    > There was no way when i left for a couple of weeks that i had any
    > thoughts of not going back.

You have to remember USCIS do not care or have any interest in how
loving or amazing you or your partner is .... they care not of
feelings...