Just Married while on a Tourist Visa

[etozzato]

Hello,

I'm sure this question was already answered a lot of time, but I want to be sure the answers to be as precise as possible.

My GF (US and PT citizenship) and I (Italian citizenship) were living a wonderful life together in Europe, but her mom got really sick and she came to California while I remained in Italy to finish my university degree.

She visited me for her birthday in Italy and she got (non accidentally) pregnant. I came to California three months later to spent a little more that one month, on a tourist visa, planning to go back at the beginning of September and come back in January, but when I saw the big belly and felt my daughter moving inside her, I decided not to leave and we got married on 09/29/08.

So, I entered legally, but as a tourist and my waiver expires on 11/06/08:

I'm preparing forms:

I-130 Alien Relative;
I-864 Affidavit;
G-325 Biographic;

and I think I should also immediately apply for I-485 Adjust Status, but a
lot of what I read is confusing.. some people say that I have to leave no matter what and wait 4/6 months (yeah my baby is due in 4 months!), but it really sounds incredible to me... Some other people say I can stay but I can't leave the US for 6-24 months (not too bad).. How could a country like US deny my right to stay with my forming family? I'm sure there is something more to know!


thank you for your help!!!

[PraetorianXI]

First and foremost you have NO right... at all, not when dealing with requesting USCIS to grant you a benefit (permanent residency). I am just telling you this, so that you have the right mindset and save you a lot of frustration...

Second, yes you can stay and you need to file I-130, I-485 (to adjust your status), I-864, I-693, g-325A, I-131 and I-765... all of them together.

Start looking at those and come back with questions, plenty of people here to help.

[etozzato]

Thanks for your quick answer, I'm glad to know I can stay at least while my application is under investigation! From now on I'll try to be humble as I know I have no rights, but I know the Lord is on my side - blessing my path!

question #1

entering as a tourist and getting married to the US citizen I've been living with for a while before coming here. I read this can rise a suspect of fraud to USCIS, but I don't understand how my application may be affected.

question #2 form G-325, Biographic Information

it says:

Applicant's residence last five years. List present address first.

and then

Applicant's last address outside the United States of more than one year.

I'm currently on the lease of the apartment (since the marriage, some days ago), is this address to be given as last five years residence? And when it mentions outside the United States I should write my hometown address in Venice? It sounds obvious, but I'm not sure on the first part.

Some thing with employment: I've been working in italy as self employed: what should I write for Full Name and Address of Employer, myself?

question #3 form G-325, Biographic Information

I don't have an Alien Registration Number and I leave it blank, right?
even when it says in big letters Applicant: Be sure to put your name and Alien Registration Number in the box outlined by heavy border below. ?