Feels like a complicated case ????- help needed

[Helpneeded88]

New here so please bear with me ????. Sorry it's very long.
I was widowed in December 2016 and turned to the internet for support. We had two kids. I met my current husband on a mutual ******** group for a TV series we both love.
I flew out to meet him from Spain to the states in December 2017. I then flew out practically every other month and introduced the children to him also. He was at that time a permanent resident. In February 2018 he applied for citizenship. Attended an interview - no answer. We continued visiting and he proposed and we didn't really care about the outcome of his application etc we just loved each other and wanted to be married. We married in December 2018. More visits in 2019 and then finally we came for 6 weeks in the summer (we did the same thing last summer) June 2019. We were fully prepared and intending to go back and continue the wait for him to receive an answer from uscis. However while here on holiday he saw movement on his case and we decided to stay a little longer than the 6 weeks, in August he got notification of approval. We decided to stay and adjust status. The children went to school on the 28th August. We were still within the esta vwp 90 days. On September 15th we went out of status, on September 25th my husband was naturalized. We are making the applications now for myself and my two children.
I'm wondering if the 90 day intent rule is an issue? If the case is considered complex and we should get a lawyer? It's just so so expensive. Would be grateful for any advice.

[Enub4]

I don't see much problem with you (spouse) but I don't know how to process your children. I hope someone else can give you more information. Good luck.

[Spaniard88]

New here so please bear with me ????. Sorry it's very long.
I was widowed in December 2016 and turned to the internet for support. We had two kids. I met my current husband on a mutual ******** group for a TV series we both love.
I flew out to meet him from Spain to the states in December 2017. I then flew out practically every other month and introduced the children to him also. He was at that time a permanent resident. In February 2018 he applied for citizenship. Attended an interview - no answer. We continued visiting and he proposed and we didn't really care about the outcome of his application etc we just loved each other and wanted to be married. We married in December 2018. More visits in 2019 and then finally we came for 6 weeks in the summer (we did the same thing last summer) June 2019. We were fully prepared and intending to go back and continue the wait for him to receive an answer from uscis. However while here on holiday he saw movement on his case and we decided to stay a little longer than the 6 weeks, in August he got notification of approval. We decided to stay and adjust status. The children went to school on the 28th August. We were still within the esta vwp 90 days. On September 15th we went out of status, on September 25th my husband was naturalized. We are making the applications now for myself and my two children.
I'm wondering if the 90 day intent rule is an issue? If the case is considered complex and we should get a lawyer? It's just so so expensive. Would be grateful for any advice.

Maybe at least have a consultation session with a lawyer, so that they can tell you whether is complex or not to do. I would check Hyatt Legal Plans, if your husband is working many employers offer it and with a monthly payment (like $9) you have free consultations with many lawyers enrolled in the plan. They will not do your entire process, but at least you can figure out if the case is straightforward or not.

[Mike E]

1. You entered the USA on an esta and now intend to immigrate. You have a high burden of proof to show that your intention was otherwise when you entered the USA.

2. You overstayed your authorized stay and didn’t file for AOS before your authorized stay expired.

You need to hire an immigration lawyer.

[robec]

New here so please bear with me ????. Sorry it's very long.
I was widowed in December 2016 and turned to the internet for support. We had two kids. I met my current husband on a mutual ******** group for a TV series we both love.
I flew out to meet him from Spain to the states in December 2017. I then flew out practically every other month and introduced the children to him also. He was at that time a permanent resident. In February 2018 he applied for citizenship. Attended an interview - no answer. We continued visiting and he proposed and we didn't really care about the outcome of his application etc we just loved each other and wanted to be married. We married in December 2018. More visits in 2019 and then finally we came for 6 weeks in the summer (we did the same thing last summer) June 2019. We were fully prepared and intending to go back and continue the wait for him to receive an answer from uscis. However while here on holiday he saw movement on his case and we decided to stay a little longer than the 6 weeks, in August he got notification of approval. We decided to stay and adjust status. The children went to school on the 28th August. We were still within the esta vwp 90 days. On September 15th we went out of status, on September 25th my husband was naturalized. We are making the applications now for myself and my two children.
I'm wondering if the 90 day intent rule is an issue? If the case is considered complex and we should get a lawyer? It's just so so expensive. Would be grateful for any advice.

To me it sounds straight forward.... I also overstayed on my ESTA and as long as that was not your intention, then you should be fine. I applied for the I-485 about 10 days after my ESTA ended but they waive overstaying if you are married to a US citizen.

I don't have kids though and my husband is not a naturalized US citizen... maybe just consult with a lawyer just to be safe!

[Helpneeded88]

Yes it was not our intention. As far as I knew we could not file for an adjustment unless he was a citizen, which didn't happen until a week past my esta expiration, but we received approval earlier. He had his interview in June 2018 and not heard anything back at all until August 2019...we assumed we'd come for a holiday like usual and go home etc...it's just that when it changed, it changed our circumstances. Everything is so conflicting it's hard to know what to do.

[Eda]

In my opinion, you shouldn't have problem with your filing and the intent of a thing shouldn't be an issue if all what you state here are accurate. However, a one time consultation with an immigration attorney is highly recommended. That way it is cheap and you get more information and better you can make your decision afterwards. Good luck to you.

[Helpneeded88]

Maybe at least have a consultation session with a lawyer, so that they can tell you whether is complex or not to do. I would check Hyatt Legal Plans, if your husband is working many employers offer it and with a monthly payment (like $9) you have free consultations with many lawyers enrolled in the plan. They will not do your entire process, but at least you can figure out if the case is straightforward or not.

Thank you, my husband is self employed though

[Helpneeded88]

In my opinion, you shouldn't have problem with your filing and the intent of a thing shouldn't be an issue if all what you state here are accurate. However, a one time consultation with an immigration attorney is highly recommended. That way it is cheap and you get more information and better you can make your decision afterwards. Good luck to you.

Thank you. Yes it's completely accurate. I have copies of registering my eldest into high school in Spain for September 2019. It was to be her first year in high school. We chose all her subjects. We had no intention because we couldn't do anything unless he was made a citizen and also if they denied him then he would've come to Spain. I have ******** messages to my deceased husband's family from months ago telling them the same thing. That we didn't know if we would go to the states or if he would go to Spain. I'm just not sure how we prove non intent, this whole process is mighty complicated.

[Eda]

Thank you. Yes it's completely accurate. I have copies of registering my eldest into high school in Spain for September 2019. It was to be her first year in high school. We chose all her subjects. We had no intention because we couldn't do anything unless he was made a citizen and also if they denied him then he would've come to Spain. I have ******** messages to my deceased husband's family from months ago telling them the same thing. That we didn't know if we would go to the states or if he would go to Spain. I'm just not sure how we prove non intent, this whole process is mighty complicated.

To me me it looks good already for you.
With $50 you should be able to consult an immigration attorney for an hour or less. Just run him or her with all you've got and state your case. The attorney will evaluate your case and hopefully all work out for you. I think with proper internet search you should get a free online or telephone consultation with an attorney. Good luck again.

[robec]

Thank you. Yes it's completely accurate. I have copies of registering my eldest into high school in Spain for September 2019. It was to be her first year in high school. We chose all her subjects. We had no intention because we couldn't do anything unless he was made a citizen and also if they denied him then he would've come to Spain. I have ******** messages to my deceased husband's family from months ago telling them the same thing. That we didn't know if we would go to the states or if he would go to Spain. I'm just not sure how we prove non intent, this whole process is mighty complicated.

Like I said, I also entered on an ESTA and nobody asked me to prove intent..... my case is now ready for interview - which I hope to get in about a month. They might ask me at the interview but considering we are already this far along in the process I don't see any problems. The fact that your daughter was registered for high school in Spain is in my opinion great evidence that this is not what you planned. I did not use any lawyer but like I said, I don't have any kids. If you are worried I would just have a consultation with a lawyer to put your mind at ease... because this is a long process. It's quite stressful so if it would help I would do that.