StolenIdol

I am a UK citizen, and my fiancee is a USA citizen. We had planned for me to visit early on after christmas on the Visa waiver and get married spontaniously, however, a relative of hers has suddenly launched piles of different visas onto us, and we are both very, very stressed as most of them mean over a year apart!

What we wanted was for us to be able to file the application and for me to remain with her in the US. Her father is to support us financially, for he is fairly well-off, and he has a free place for us to stay.

All we want is to be together as soon as we can, and not have to seperate - if we have to seperate, it would be much less hard if I could go out to visit, but from what I read this is impossible

I really need help from anybody who can offer it, I am feeling utterly beaten by the system.

I am also woried about this post coming back to haunt me should I ever get interviewed too! x.x

ian-mstm

Feel free to ignore whatever visa suggestions her family member has thrown at you.

If what you have written is how you want to proceed... there's only one real course of action - a K-1 visa. This will allow you to enter the US, marry your fiancee, and then stay in the US to adjust your status to that of a permanent resident. The visa is valid for 6 months, and you must marry within 90 days of entering the US.

It will take about 4 - 6 months (maybe more, maybe less) for the initial paperwork to get processed, but once you have the visa in your passport you're all set.

Your US fiancee must start the process by filing form I-129F. It is available from www.uscis.gov.

By the way, you *can* visit her in the US. There's no restriction about that. Just be sure to bring evidence that shows your ties to the UK.

Ian

Just Jenney

It never ceases to amaze me how people don't realize that words PLAN and SPONTANEOUS are antonyms. "We are planning to spontaneously marry" is a truly oxymoronic statement.

~ Jenney

StolenIdol

Thanks for your time, Ian. It is greatly appreciated.

So, the K-1 application is what we use to apply for me to marry her and stay in the US? I do believe we read about that, but currently we are not sure if she has sufficient finances - on paper - to support us, but her father has said he will sponsor me/ us and allow me/us to live in a property he owns without rent.

Also, if I were to visit during processing, I would bring - for example - written information from my boss which states that he/she expects my return, pay slips, and bank statements? I am currently back from a 3-month visit to the US so I am not paying a mortgage or anything, I am staying with my father, who does pay a mortgage.

I am worried that after the months of processing, we will be denied on the financial matters, or that I will be turned away if I try to visit in the meantime.

Is it normal to be this nervous? :/

ian-mstm

You can't really get married spontaneously if you've already reported your intent to the world a month or so in advance!

Let me just add here, that it is illegal to enter the US with the intent to marry *AND* remain to adjust your status. Some people will offer other opinions and advise you to seek the advice of an attorney, but I'm right... and attorneys are expensive.

Ian

StolenIdol

Alright. I just meant that was what we thought was possible, I guess.

Also, another thing; When I arrive at my port of entry and the officer asks my purpose of visit, do I say that I am visiting a friend, or my fiancee? I am rather worried about being denied entry, to be honest; it would be a crushing blow to our morale

StolenIdol

I posted something else a little while ago, but it does not appear to have went through;

I am fairly sure she does not have the financial ability - on paper - to support me/us, but her father has agreed to sponsor me/us, and allow us to live in property owned by him free of rent. My only ties to the UK would be a job and family - what can I do to bolster this, to make myself less of a risk, because I really am not going to break the law :/

scrubbedexpat099

Take a letter from your employer statng your time off and when you are due back.

No problem marrying in the US on the VWP, staying is another issue.

StolenIdol

What issues arise with staying?

Poppy girl

The isssue is as explianed above and that is you have already admitted that you are going to enter the US on the VWP and get married its against the law to do so if pre-empted, which is what you are doing, thus if you get caught telling porkies you will be banished,gone,finito...if you really love her that much do it the right way get the K1 at least you will not be looking over your shoulder and risk being removed.

Rete

The others are correct in pointing out that spontaneous and planning are not two words that can be used in the same sentence, particularly in your case. By posting on a public forum that you were planning on doing this you have given the USCIS a weapon to use against you if they saw it, found your name and address and you did as you planned. Will this happen? Most probably not but then I'm not the one to have to make that decision on which my life is based. Just for the record, coming to the US, marrying on the spur of the moment, remaining to file your adjustment of status paperwork can and is done daily by hundreds of people. The problem is the intent when entering the US. That having been said, there are options you both can choose:

1. K-1 Fiancee Visa. Your USC fiancee files the I-129F at the service center governing her living jurisdication. While that is approved it is sent to the National Visa Center and then onto the US Consulate in London where you will accumulate documentation, i.e. long form birth certificate, police clearance, have a medical, etc. and then interview at the Consulate for the K-1. Upon receipt of the K-1 you are free to enter the US within 6 months for the express purpose of marrying. You must marry within 90 days after entry. As for the affidavit of support, you fiancee needs to complete one regardless of her financial situation. Her father would complete another one.

2. Marry on the VWP, visit for the allowed time, and return to the UK to wait for the I-130 to be approved and then complete the immediate relative visa process at the US Consulate in London.

In either scenario, you will not be living together. You can visit, bringing proof of your ties back home, so that the agent at the POE will hopefully let you in. There is no guarantee of this, however. If there is no guarantee even if you were not engaged.

I hate sounding like an old battleax here, but you and your fiancee as still so young (20 and 23) and you have a lifetime to be together. Take the 6 months or so that it required to do it properly. You won't have to be looking over your shoulder or fear that your true intent will be made know at some point in the future.

Bluegrass Lass

As others have stated, if you enter the US with the to marry and remain, you are breaking the law. In order to enter the US with the intent to marry and remain here, your US fiancee needs to file for a K1 visa for you.

If you marry and try to remain, this will require you to probably tell some lies in order to gain entry into the US. These lies will come back to haunt you later. If you file for Adjustment of Status to become a Permanent Resident, and USCIS decides that you fraudulently entered the country, they can, and will, deport and ban you from re-entering the US. Because you would have entered the US on a Visa Waiver, you will not have the right to appeal this decision by USCIS.

If, on the other hand, you enter on the K1 fiance visa, you can marry, and remain here to adjust status with absolutely no issues.

If it's still your plan to marry during your visit here over Christmas, the K1 visa will no longer apply to you. Your wife would then need to file for a spousal visa - which is slightly different than a K1. There are 2 option available for this course, and depending on which you chose, you could feasibly enter the US with your green card in hand. This option will obviously require you to be separated while being husband and wife, while the K1 option you would be separated as fiances.

You can visit here while the K1 is being processed with no issues - my now husband did so several times. You can also visit while a spousal visa is being processed, but this may be slightly more tricky given you are married to a US citizen and obviously have intentions to immigrate (but it can be done).

Unfortunately, just by you suggesting that you have thought of going down this path, shows that you have intent, and can be used as proof of your intent to circumvent US immigration law. I know it's sad to be apart, but if you want to make sure that you start your new life with your new wife on the legal path with no fears/concerns, then you need to re-evaluate your thoughts.

A good portion of us on here have been through the whole process, so come back if you have any questions.

Good luck!

Deedee13

a word of caution from one that went thru a while of being financially dependent on somene.. Her father might be well off, but having to beg and borrow off that person can be a terrible experience, that and the pressure of the green card.. am I going to get it am i not... what happens if i dont..and then Not having your own recourses to back up on. Great that u can live for free, but that he will be feeding and clothing u, not a great start! Remember u have to go thru an interview and your going to raise some more eyebrows if she cant support u and u cant support urself and u came thru on the VWP!!! I would hate for it to cause a lot of stress for the newlyweds on top of what u are already going thru, getting to know one another etc etc.

Its tough over here, and its not cheap for some stuff.... basically medical etc. Have u got plans when u get here, a job? are u focussed on ur future or just the time frame after xmas. I dont want to burst ur bubble, but you might find that this really isnt it once ur in it! Then again u might be living the life u always wanted.. but u really need to do some research. Why was the relatives looking at visas and u not doing it urself... beleive me its something u should be doing.

Be careful.

Leonette

Just wanted to say hi and thank you to Rete, a dear old can/am friend from 1998 and to the rest of you offering help to StolenIdol.

He and his fiance are pretty special to me and I haven't kept up on all the immigration stuff for several years now..but my first thought was Rete and this forum. Really glad to see it still in full swing!

Even with all the changes that have taken place over the years, it still looks like the K1 is/might/could be the way to go.

Rete, good to see you're still cracking the whip and here to help! It is appreciated! Hope all is well with you and Jim!

Leonette and Claude

Can/Am K1 almuni 1998

meauxna

Seriously, what good would that do you? You're planning to ditch that boss/job when you come here.. now you want to hold that up as proof that you are NOT planning on staying?
I realize that it's natural to want to game the system.. who wants to wait around for boring paperwork? But you are slipping along the road to telling lies at the border, and that is never a good place to be.

You have started to ask about penalties, and you can look them up, but in general, the penalties for lying to immigration (accidentally, after you get off a 9 hour flight, or on purpose when filling in a form) are always much worse than whatever smaller thing you are trying to get around.

There are other good points in this thread that you should consider.. I think Deedee's point about being dependent on the father is very good, and Rete's point about your age and the relative amount of time apart we're talking....

It's tough to muddle through it all. But planning ahead will give you a measure of independence, growth and maturity that you will appreciate later on. You can come and visit for Xmas, perhaps have another visit later this spring and if you get organized, you can be moving here next summer when both of you are better prepared to take care of yourselves and start your new life together.

Here is one fact sheet from USCIS on the subject:

http://www.uscis.gov/files/article/A2.pdf

What if my fiancé(e) uses a different kind of visa, or enters as a visitor without visa, to come here so we can get married?

There could be serious consequences. Attempting to get a visa or enter the U.S. by saying one thing when you intend another may be considered immigration fraud, for which there are severe penalties. Those penalties include restricting a person’s ability to get immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to five years. It is not appropriate for your fiancé(e) to enter the U.S. as a visitor with the intent to marry you and remain to try to become a permanent resident. It is appropriate, however, to enter as a visitor to have the wedding in the U.S. and then return to a foreign residence for further processing for U.S. immigration as a spouse.
You should come prepared with proof of your clear intentions in this regard.