Thank you for allowing me to assist you. If there is a delay in my reply, I am helping others but WILL reply to you asap. Thanks for your patience....the visa waiver has no I-94
number. the reason being is that you promised to leave within 90 days. you need to leave and then have him file a K-3 spouse visa
for you. If you stay here you risk being deported. In the last year the visa waiver applicants who have tried to change status in the u.s. and went against their promise have been denied and put in deportation
proceedings. So if you continue with the attempt to change your status that is a big possibility that is what will happen in your case. They are not being lenient with visa waiver people any more. Just two weeks ago I had a client from France ordered deported who came in under the visa waiver and filed to change his status based on marriage to a u.s. citizen. So I would urge you to leave and do things the proper way.
To get you the k-3 after you leave he would need to file the I-130 and once he gets the receipt, he files form I-129F along with the I-130 receipt. Then the National Visa Center (NVC) will collect fees, I-864 affidavit of support, and then will send file to consulate for your interview. This option takes less time because you do not have to wait for the I-130 to be approved and don't have to wait for the green card to be approved before you can come.
once you re-enter the U.S. on the K-3 visa you will then need to file forms I-485 Adjustment of Status/green card and I-765 work authorization to obtain your green card.Once the forms are filed, it will take 30-90 days for you to get work authorization which you can use to go get your social security number and drivers license. The green card itself will take 6-8 months to obtain. If you need to travel after you have filed I-485 also file I-131 Advance Parole with all of these applications because if you travel after filing I-485 it is considered abandoned. I-131 allows you to return to resume processing the green card upon her return, as if you never left. Again, I-131 only needed if you want to travel during the green card process. If you will not be traveling, no need to file it.
Once the green card is issued it will be a 2 year conditional green card, the condition is that the marriage lasts 2 years from the date the green card was granted. 1yr and 9mos later (or 3 months before the green card expires) you need to file form I-751 to remove the condition, at which time it becomes a permanent green card. After marriage of 3 years and having your green card, you would be eligible for U.S. citizenship.
I would suggest you consult with a local attorney to discuss the details of your case. You can find one at www.ailalawyer.com and they can tell you their fees and you can decide if it is reasonable. Each attorney has their own fee.I hope this helps.
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