now married...what's next

P

pgarrett

Registered Users (C)
Can anyone answer what we do next. My husband is from the UK and I am a US Citizen. We married 3 months ago, our lawyer applied for a Spouse Visa at the same time as he did for our I-129F Fiance Petition. We got notification that our Fiance Petition was approved....but we had already married here in the USA. The lawyer sent the I-130 Spouse Petition off immediately. We took our honeymoon and returned to the US. No one asked anything at the port of entry. My husband's passport was stamped as if he had came in with 90 day visitiors visa......
Now that Visa is ready to expire and we still have nothing else in our hands. Does he have leave the country (to renew his 90 day visitors visa) and try to come back in on another 90 day visitors visa or do we just wait until we get something on the new I-130 Petition....the one that states we are married and waiting for whatever.....
Confused to say the least!
We also read that if you left the country while you were in the middle of applying for any visa, you voided that application and had to start over....
Help!!
 
You should have applied work permit (I-765), advance paroll and I-485 (AOS) together along with I-130 at the Local INS office. Once you file I-130 for your spouse as a citizen, the spouse can stay as long as you don't hear from INS about the resolution.

I would say, no worry.
 
now married....what's next (again)

Thank you for your help. We are with an attorney. But we are not sure we are getting the correct answers. He did apply for the I-130 (which replaced the orginal application for the I-129F of which was approved but we had already married. He withdrew the application upon our wedding day and filed the I-130). We left the country and came back through entry using the Visitors 90 day visa. It is dated that we have to return in three weeks. Are you saying we just ignore that deadline and wait? And what are we waiting for next??
Thank you again
PG
 
Easiest thing to do is for him to go to Canada for the weekend, and then return back to the States on the visa waiver which will give him another 90 days. This shouldn't cause any issues, since he is a British citizen...they will never question you at the port of entry. I have friends (brits and aussies) who do this all the time.

In parallel to this, ensure that the lawyer has applied and is working through the correct channels to make his stay legal.
 
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