Have I got this Horribly Wrong.......

[leothelion]

My wife and I are about to submit all our paperwork for my green card - It's a straight forward application - US wife, UK husband, husband entered US as visitor a month ago on I-94.........Forms being submitted I-130, I-485, G-325's, I-864, I-693, I-765 and I-131 with all the supporting docs, photos and fees but I'm being told that I might be committing Visa Fraud with all problems that might ensue. Our circumstances are as follows:-

I met my wife three and a half years ago whilst working on a cruise ship in the Caribbean. We were both working for the Cruise Line concerned. I am a UK citizen and she is now a US Citizen having got her nationality about 18 months ago. I have been visting her in the US for the past three and half years in between contracts on the ship and I hold a C1/D Visa. We decided to get married in March this year and we got married in the USA in Florida. I then left the ship in March after the marriage on a Visa Waiver I-94 which allowed me to stay in the US for 90 days. We stayed together in Colorado for about two months and then I returned to my job on the Cruise Ship in May, thereby leaving the country. I completed a contract on the ship and left the ship and entered the US with a Visa Waiver I-94 given to me by the Immigration Authorites at the Port and flew straight up to Colorado. After a few weeks of being with my wife in Colorado we decided that it was time to settle down - she is six months pregnant - and we would go for my green card and that I would not return to the ship. I informed my company and started to get all the paperwork ready which we are submitting ourselves - without using a lawyer. We had an 'hours sit down' with an Immigration Lawyer and she seemed to think everything was a 'green light'

This has really got me worried. Can someone tell me if I have got this horribly wrong

[PraetorianXI]

You can not enter with a non-immigrant visa or visa waiver program with the INTENTION of immigrating... if you lie or do not disclose this at the POE you would find yourself in trouble.

Look at this:

30-60-90 rule

Suppose someone enters on a Non-Immigrant visa and after "x" days applies for AOS either through marriage, or any other family sponsorship.

If x < 30 = USCIS will accuse the applicant of committing fraud/misrepresentation and the burden of proof lies on the applicant
If 30 < x < 60 = USCIS may accuse the applicant of committing fraud/misrepresentation and the burden of proof lies with the applicant
If 60 < x < 90 = USCIS may accuse the applicant of committing fraud/misrepresentation but the burden of proof will lie with USCIS
If x > 90 = USCIS will most likely not accuse the applicant of committing fraud/misrepresentation

Credits to Triple Citizen

Now, I am not saying it CAN NOT be done... but you may find trouble proving that you had no intention in living in the US when you came in as a VISITOR... and that, based on what you say... was not the case...

Best thing you can do is... wait at least 90 days before filing for Adjusment of Status, but even then... be prepared for questioning.