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Considering Marriage on VWP

Considering Marriage on VWP

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Old Jan 12th 2009, 9:34 pm
  #16  
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Default Re: Considering Marriage on VWP

Originally Posted by Isabel.S
I am a USC from Texas, my fiance is British, we had/have plans to marry in May. We planned on him coming over with a vwp and then marrying and filling for AOS. However just yesterday I was browsing online and saw that doign this can be seen as fraud. This is devastating because we already have everything set for our wedding and cannot go back unless we are willing to loose A LOT of money plus his family already has their tickets here booked. I have heard some people can get away with this by makign it seem spontaneous. Any success stories out there, horror stories? Please any suggestions. Are the officers really as harsh as everyone makes them out to be? they are only human after all.
Hi:

I suggest you assume responsibility for making your plans. It seems that it was YOU who made the plans to marry in May; it was YOU who planned for him to come over on VWP to get married; it is was you and your family who made the financial obligations and booked the tickets.

It was you who planned to take all the actions which happen to be in violation of the law. The DHS officers happen to be required to enforce the law.

Also, you might want to consider the law of criminal conspiracy and aid/abetting -- it is frightening. I hope you are not soliciting public advice on how to circumvent the law -- that is not nice.

It is not too late to start doing the legal way.
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Old Jan 12th 2009, 9:36 pm
  #17  
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Default Re: Considering Marriage on VWP

Originally Posted by Isabel.S
yeah I was posting while he had posted. sorry.
She.

Believe me, I know how confusing and difficult all this can be when you just want to be together. My husband and I will be celebrating our fifth wedding anniversary in February. Seems like it was just yesterday in some ways.


~SG
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Old Jan 12th 2009, 9:37 pm
  #18  
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Default Re: Considering Marriage on VWP

Originally Posted by Folinskyinla
Hi:

I suggest you assume responsibility for making your plans. It seems that it was YOU who made the plans to marry in May; it was YOU who planned for him to come over on VWP to get married; it is was you and your family who made the financial obligations and booked the tickets.

It was you who planned to take all the actions which happen to be in violation of the law. The DHS officers happen to be required to enforce the law.

Also, you might want to consider the law of criminal conspiracy and aid/abetting -- it is frightening. I hope you are not soliciting public advice on how to circumvent the law -- that is not nice.

It is not too late to start doing the legal way.
Jeez I feel like im already in trouble. =/

Okay please excuse my ignorance guys, i'm not very knowledgeable on all this.

I AM GOING TO DO IT THE LEGAL WAY

When I ask for the petition. Do I just go to the uscis office and aks for the paper. How long before the petition is accepted? I know someone earlier said it took 8-10 months AFTER the petition is approved but how long before it is actually approved. i hope im not to confusing
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Old Jan 12th 2009, 9:41 pm
  #19  
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Default Re: Considering Marriage on VWP

Originally Posted by Isabel.S
Jeez I feel like im already in trouble. =/

Okay please excuse my ignorance guys, i'm not very knowledgeable on all this.

I AM GOING TO DO IT THE LEGAL WAY

When I ask for the petition. Do I just go to the uscis office and aks for the paper. How long before the petition is accepted? I know someone earlier said it took 8-10 months AFTER the petition is approved but how long before it is actually approved. i hope im not to confusing
It's OK, you didn't know....and now you know, so that's a good thing.

You will need to file form I-130 and G-325A (one for each of you) in order to start the petition process. These forms can be found online at www.ucsis.gov, Immigration Forms. The initial filing fee is $355.

The entire process, from filing the I-130 to getting Immigrant Visa in hand, takes about 8 to 10 months. Break that up into a few months for each segment (Filing I-130...correspondence with NVC...Interview and Visa approval).

Yes, you can file the I-130 as soon as you are ready, while he's still here on the VWP. Just make sure he does not overstay.

Rene
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Old Jan 12th 2009, 9:43 pm
  #20  
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Default Re: Considering Marriage on VWP

For future reference, also look at Form I-864 and I-864P at the link I provided. You will have to qualify financially to be his Sponsor. If you don't earn enough income, or you don't have enough in assets, you'll need a joint sponsor. So that will be something to look into before the I-864 is due (after the I-130 is approved).

Rene
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Old Jan 12th 2009, 9:46 pm
  #21  
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Default Re: Considering Marriage on VWP

Originally Posted by Noorah101
It's OK, you didn't know....and now you know, so that's a good thing.

You will need to file form I-130 and G-325A (one for each of you) in order to start the petition process. These forms can be found online at www.ucsis.gov, Immigration Forms. The initial filing fee is $355.

The entire process, from filing the I-130 to getting Immigrant Visa in hand, takes about 8 to 10 months. Break that up into a few months for each segment (Filing I-130...correspondence with NVC...Interview and Visa approval).

Yes, you can file the I-130 as soon as you are ready, while he's still here on the VWP. Just make sure he does not overstay.

Rene
hmm, ty. I was just wondering because well the reason I wanted all this to be rushed is because he lost his job and can't find another. He wanted to come to uni here and the more he spends in England the more time he spends idling around. School aside though I have a close friend that has said he would offer him a job when he comes. So we had planed on him coming getting married then getting that job and waiting till he was a resident to start school. This way at least he was making money.

Is it easier to go about it by him coming over with a working visa. then Aos? and our marriage be something kind of irrelevant at that point?
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Old Jan 12th 2009, 9:50 pm
  #22  
 
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Default Re: Considering Marriage on VWP

Originally Posted by Isabel.S
okay, lets say my fiance is coming over in may and we are going to spontaneously get married, And its going to be a simple courthouse wedding, he will have a return ticket as well as a open account with over 10,000pounds in England, AND a letter from his boss stating he intended to return back to England. If this happens. What will the Officers ask, and will they be alarmed that we have all this information available as if we intentionally TRIED to make it seem we married spontaneously

P.S. Thank you for your reply
Originally Posted by Isabel.S
hmm, ty. I was just wondering because well the reason I wanted all this to be rushed is because he lost his job and can't find another. He wanted to come to uni here and the more he spends in England the more time he spends idling around. School aside though I have a close friend that has said he would offer him a job when he comes. So we had planed on him coming getting married then getting that job and waiting till he was a resident to start school. This way at least he was making money.

Is it easier to go about it by him coming over with a working visa. then Aos? and our marriage be something kind of irrelevant at that point?

But your earlier post emplied he was working
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Old Jan 12th 2009, 9:53 pm
  #23  
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Default Re: Considering Marriage on VWP

Originally Posted by Poppy girl
But your earlier post emplied he was working
earlier i was lying =/ the whole earlier thing was lying. I thought that was obvious. (im not saying it in a mean way)
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Old Jan 12th 2009, 9:54 pm
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Default Re: Considering Marriage on VWP

Originally Posted by Isabel.S
earlier i was lying =/ the whole earlier thing was lying. I thought that was obvious. (im not saying it in a mean way)
That's OK I was just confused
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Old Jan 12th 2009, 9:55 pm
  #25  
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Default Re: Considering Marriage on VWP

Originally Posted by Isabel.S
Is it easier to go about it by him coming over with a working visa. then Aos? and our marriage be something kind of irrelevant at that point?
No, much tougher...marriage is the quick, cheap and easy route, relatively speaking.

School over here is rather expensive though.

Oh, and doing the VWP route, apart from being a bad idea, he wouldn't be work authorised for a while, so he would be putting your friend in a bit of a spot.
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Old Jan 12th 2009, 9:55 pm
  #26  
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Default Re: Considering Marriage on VWP

Originally Posted by Isabel.S
Is it easier to go about it by him coming over with a working visa. then Aos? and our marriage be something kind of irrelevant at that point?
No. The marriage route is by far the easier route.
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Old Jan 12th 2009, 9:58 pm
  #27  
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Default Re: Considering Marriage on VWP

A work visa will not help you. Work visas must be applied for the employer and the application date is April 1, 2009 for a start sometime in November. Your finance must be working in a field that qualifies for an H-1B and he must have the education to back up his qualifications for the job. Apparently he does not have the education has he is planning on seeking a degree via higher education in the US.

While I do honestly feel for you, the safest way is to get married as planned and then complete the I-130, mail it in, and have hubby return to the UK before his 90 days are up. He can visit again and/or you can visit him in the UK. Have him look for any type of employment in the UK while he waits. Do you care if he slings burgers for the time being? I don't think so. At least it will pay his plane fare.

Love's not easy and there are no easy solutions, unfortunately. I'm sorry.
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Old Jan 12th 2009, 10:00 pm
  #28  
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Default Re: Considering Marriage on VWP

wow okay, lets forget work visa then.

Another question (sorry) Once he leaves the country and the forms have been sent of to be processed he cant come back and visit me?
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Old Jan 12th 2009, 10:03 pm
  #29  
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Default Re: Considering Marriage on VWP

Originally Posted by Isabel.S
wow okay, lets forget work visa then.

Another question (sorry) Once he leaves the country and the forms have been sent of to be processed he cant come back and visit me?
I'm sure he can, so I've heard/read.
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Old Jan 12th 2009, 10:04 pm
  #30  
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Default Re: Considering Marriage on VWP

Someone told me i needed the 145 or I-45 something form. Ive been reading the uscis website. and from what you guys tell me I only need to use the I -130 and the biographical info for both of us. Sorry to be redundant about all this just wanna get it all sorted and clear.
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