Pulaski

What you intend is hardly relevant to what opinions the CBP immigration officers might think, with or without any input from you, or even directly contrary to anything you say, or try to explain or "prove". They go mostly by their own experience and known behavior patterns that they see again and again. .... And someone entering to the country to visit a pregnant fiancée presents a very high risk of staying and not leaving, and the CBP immigration officers' job is precisely to reduce the risk of that happening!
Sorry, I have no idea, that's not an immigration question.
You thought incorrect.
Your conceptions about what is "the proper way" are flawed.

stu_blue

They would not know anything about a baby. Esta is a holiday visa and visiting a gf while my k1 is going through would not flag any issues I wouldn't of thought.

How are they going to know she's even pregnant unless told.

stu_blue

Say I got married in a courthouse then knew my time working in the US on my E2 was up 4 weeks later? What would happen.

Would I apply straight for a green card?

Pulaski

You don't apply for a green card, you either apply to adjust status if you are staying, or you apply for a CR-1 if you are planning to leave and come back with a visa.

Pulaski

You have NO IDEA what questions you will be asked when you come back to visit, but you can expect "where are you staying?", "who are you staying with", "where did you meet them?", and "are you getting married", and depending on how you answer those questions, and how uncomfortable/ shifty you look while answering them, determines how far your tidy little plan skids utterly out of control! ..... And no I am not joking, and in fact I was asked EXACTLY those questions, in that order, the very first time I EVER visited the US.

I lived to tell the tale, thankfully didn't immediately get put back on the plane, and was able to laugh about it later, but trust me, don't ever approach US immigration and believe that you can keep your little story 100% on the tracks!

Noorah101

Applying to adjust status to permanent resident IS applying for a green card. The I-485 is a green card application.

To the OP, there is absolutely nothing wrong or odd about marrying and then filing AOS while on an E2 visa. But you won't be able to go back to the UK and work for a year if you do that, if this is something really important to you.

Rene

stu_blue

I've been over countless times and never been asked those questions. Lol.

I'll be staying in a hotel as far as they know.

Also another way is I'm staying with my gf with whom I'm applying for a K1 and have emails to prove it.

Or simply on holiday staying with a friend as I know several people who live near her.

Most immigration asked next to nothing in my experience. I take your point but I know what to and not to say

stu_blue

Yes I thought it was applying for a green card and was confused as to why the previous poster said it wasn't.

Yes I need to work for 12 months in the UK to get a good chunk of money together for my move over to the US.

So my E2 ends and I travel back your saying I can't apply for the i485 or cr 1?? Why couldn't I work in the uk while it's being processed??

What would you do in my situation.

Rete

ESTA is not a visa. The ESTA is a form you complete online and if approved it allows you to participate in the visa waiver program. You don't travel on an ESTA, per se, but on the ultimate VWP.

If your ESTA is denied, then you need to apply for a B visa to visit the US.

stu_blue

I have a valid Esta. yes your right it's the visa waiver program.

Rete

If you marry now while you are here on the E2, you have two options, your wife files the I-130 on your behalf and at the same time you file the I-485 for adjustment of status, I-765 for employment authorization and I-131 for advance parole to travel outside of the US while the AOS is pending so your petition is not abandoned.

OR

If you marry now while you are here on the E2, your wife files the I-130 to start the process for your CR-1 visa which can only be obtained outside of the US at a US Consulate/Embassy. In your case, the US Embassy in London and you leave the country (either before or after filing, doesn't matter) and continue on with your plan to work for a year in the UK to make a mountain of dosh for your family. When the get the CR-1 visa in your passport (altogether it will take 10 to 12 months to adjudicate. timelines may vary) and enter the US for the first time with it, you activate the visa and receive the I-551 paper green card stamp in your passport and the real card will be mailed to you. Viola ... you are then a permanent resident of the US and can live here and work here from day one.

Noorah101

Since you must return to work for a year in the UK, I would stick to either the K-1 or CR-1. Don't do AOS.

Rene

stu_blue

Yeah the K1 seems the best option for my situation. I think I will start it now and then that should be plenty of time to get it before our wedding date in October 2018.

scrubbedexpat099

Another vote for get married now.

DebzinUS

Maybe not from an immigration standpoint, but if you are not married at the time of the birth you will need to establish paternity. Most (if not all) states will not allow an mother to place a fathers name on the birth certificate without establishing paternity because of the child support implications. If you are married, there is no issue. You will need to check on the paternity laws in the state where the baby will be born.