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Subject: Re: Do I need to leave the US?! (I-130, I-485) Posted on: Sat, 21 Aug 2004 19:37:01 +0000 (UTC)

azguy wrote in message news:<34$250065$1614025$1093047546@britishexpats.com>...
> Hey all,
>
> Here's our story. I'll make it short.
>
> I met the person who is today my wife 3 years ago on my first-ever visit
> to the US. For almost a year we had a long distance relationship as I
> continued my business travels in South America and Europe. On Jan 2003 I
> came to the US and things happened.. and we happened to start living to-
> gether until today! (Joint-rentals, joint car insurances, bills, etc.) I
> never overstayed my I-94, as I kept coming in and out (*ALWAYS* stating
> that I am here to visit my US Citizen girlfriend. Never ever stated any-
> thing else and they didn't seem to have a problem with that).
>
> My last entry to the US was on July of last year, more than a year ago
> (during this time I applied for extension of stay... not really importa-
> nt right now).
>
> We got married last month in the US.
>
> I know the law says you are not to enter the US with the intentions to
> marry a US person. The thing is, last year when I entered the US for the
> last time - I absolutely didn't think we will end up getting married!
> Really! We were just having fun but didn't know it will end up being TH-
> IS serious :) SO, what happens next?
>
> Do I need to leave the country and go through the K-3 process? Or should
> we just file the I-130 petition and I-485 already and get it over with?
>
> Did I break the law by marrying my wife? Will I need to prove that I had
> no intentions to marry her upon my last entry to the US (again - more
> than a year ago!)?
>
> Any comment/suggestion will be appreciated and helpful to us.
>
> Thanks!
>
> AZ-GUY :-)

Don't leave the country. You can adjust status. Your spouse filkes
I-130 and you apply for greencard using AOS form I-485, attaching
other required documents. During AOS the interview, explain what you
explained. May be bring proof that you have had joint account,
insurance, etc for 3 years.