Married under VWP?? Please help??

[xaanaa]

I am wondering this. When my boyfriend entered the country on the VWP 2 months ago we had no intention to marry at that time.( we planned on filing for the k1 at a later date) I was in fact still married as my divorce was not final yet. I have just found out that I am carrying his child. I know the K1 takes forever and I do not want him to be away during this time as it is so stressful to be without him let alone without him , raising a 2 1/2 year old, working and pregnant. Can we marry and he stay here and adjust status so we do not have to be apart? If so do we file for AOS and EAD at the same time like we would have if we married on the K1? Thanks

[PraetorianXI]

Yes. He can stay and you can file for AOS/EAD.

[xaanaa]

so he will not have to go back to the UK and I file for K3? and we will not be committing visa fraud since the VWP is supposed to be a tourist visa only? I am afraid of breaking the rules so to speak... but i know i have a good case since when he did enter i was still married therefore it is pretty clear we had no intention of marrying at that point...

[PraetorianXI]

For as long as he entered with the intention to visit and not to get married and file for AOS. Then he will be fine.

He will file for AOS (I-130, I-485, g-325A, i-693, i-765, i-131 and I-864) and get his green card in about 5-8 months.

In the mean time (60-90 days) after he files for AOS (adjustment of status) he will get a work permit (EAD - I-765) that allows him to work while the AOS application is pending.