PiKA 1776

Hi all,

Im a first time poster and was after a little bit of help. Im 24 year old University graduated, who has been in a relationship with my american girlfriend for 2 years (1 year i was in the US on a J-1 and the second she was in the UK). We are about to get married and i was wondering if i could have some help with my questions. Say, hypothetically, i entered the country on a VWP and after 60 days we got married, what process/forms would i have to go through in order to gain permanent residency and work authorization? what kind of costs would this is incur? Also is it worth hiring an immigration attorney or is it possible to do it ourselves? Any help you can give will be greatly appreciated.

PepsiChic

ok first, go read up on the "10 foot pole", you can search the forum here for it.

While your searching have a look at the K1 and CR1 visas.

To put it bluntly, do NOT got to the USA on the VWP with the intention to get married, stay and adjust status as it can land you a permenant ban from the country.

Instead either go for a K1 fiancee visa which takes 6-8 months on average to get, and the purpose of this visa is to allow you to enter the USA and get married and adjust status to become a permenant resident the legal way.

OR

look up the CR1 spouse visa, where you get married, in whatever country you can get married in, return to the UK and apply for the CR1 visa which takes 8-10 months to get but you are a permenant resident upon entry to the USA on that visa.

you either need to have a EAD - employment authorisation document or be a permenant resident to work. the EAD you can apply for once your here on the K1 and married, you apply for it when you apply for your permenant resident card (green card). or you can wait to get your green card.

PiKA 1776

Hey thanks for the advice. im having a little trouble finding the 'ten foot pole' article but i will. however for arguments sake, lets say i went down the VWP route (even though i doubt i will), what would i have to go through?

ddagmar

What will change by going the visitor visa/oopse changed my plan and want to just stay here rout?????
At the least, more money for fees. At the most, deportation.
Play the game by the rules and maybe they will let you stay in the game...maybe.

ian-mstm

What you are proposing is illegal. Full stop. End of story. Hint: "ten foot pole" = "something you wouldn't touch with one".


No one here is going to help you break the law... so don't even bother asking.

Ian

ian-mstm

Wrong... at the most, deportation and a permanent ban from the US.

That said, none of us should encourage people to break the law.

Ian

jeffreyhy

After entering the USA using the VWP, have a consultation with a US immigration attorney. After reviewing the facts of your situation the attorney will tell you what you would have to go through.

As others have told you, the subject is not appropriate for an internet discussion group.

Regards, JEff

SultanOfSwing

(My bold)

You return home, your USC spouse files the I-130 petition for an alien relative and then you apply for the CR-1 visa. On arrival in the USA with that visa, you are instantly a (conditional for 2 years) permanent resident with the right to work and can apply for a SSN, which you should receive withing 2 weeks of applying. Total time should be 8-10 months. Cost - quite a bit, filing fees are available in the forms section of the USCIC website (no way around the cost whatever route you choose )

Other than that I only recommend doing the K1 process.

Pepsi Chic already mentioned both but I wanted to add my own input.

kayk03055

Hi - I just got my Permanent Resident card today - after going down the VWP route (But please note there was no intention for us to get married - you have intent which could be dangerous). Unfortunately I had already submitted my AOS before finding this site and finding out the new rules (even though our attorney should have told us when we first started out ) so I got extremely nervous prior to my interview. So it was possible for me - but I'm not sure how frequent that happens.....

SultanOfSwing

What worked for you might not work for everyone. As Mr. Folinsky likes to say, 'your mileage may vary'.

Personally (and please do not take this as a dig at you) I'd prefer not to see anyone advising the VWP express as a valid way to gain PR status. I did it the right way, as did hundreds more of us on this site alone, there's no reason why everyone else can't also.

No offense intended to anyone here or elsewhere, just my 2d (see Chartreuse - I'm trying to get it to catch on )

kayk03055

We got an attorney - but search around and get their thoughts. I came over Sept 09 and my husband and I got married in November 09. Then we filed an application for an Adjustment of Status (AOS) - there were numerous forms we had to fill in. You also need to have a medical which takes time as you have to have your blood tested, take vaccinations etc. If you had to pay for an attorney you're looking at at least $3k. The partner attorney was helpful but once we signed to them we had this women helping us with filing and she made two mistakes which delayed the process. In March I had a biometrics appointment where they took finger prints etc. The end of April I got my Employment Authorization - so I've been out of work for 8 months. With that I got my social security and drivers permit. And then got the permanent resident stamp today.

Please note that I'm not supporting the idea of entering on a VWP and getting married - I just wanted to give you my experience.

SultanOfSwing

Check out my bold above. If you do the I-130/CR-1 or I-129F/K1 route you won't have to pay anywhere near that much. I think (including my N-400) on my journey to citizenship I may have just about hit $2k. Not remembering correctly but that's a ballpark figure. That extra grand can be put to better use

That's the tight-arse in me speaking now

jeffreyhy

kk,

Please note that intention to get married, or lack of such intention, is totally irrelevant.

Intention to immigrate is the only issue.

Regards, JEff

kayk03055

No I completely agree - if I knew there was a correct way I would have done it - that's why people should talk to many attorney's - we took the first one and it could have ended badly! So please don't think I am advising anyone here .

Just saw your update - damn our attorney screwed us over on payment!

SultanOfSwing

I concur. And in the original post, that intent was clearly stated. That, of course, is my opinion, which isn't worth much but I still think it works out cheaper to do it the right way anyway, and no lawyer required!