RMC1000

Hi

I'm new to this site...so I hope I am in the right place!

I'm British and have been dating a girl from the US for over 2 years. We have been engaged for over a year now... serious health problems on my Fiancee's part have slowed our plans down.

I am currently living with her here in the US whilst I am on a 3 month visitor's visa and we would like to get married before she starts her next round of treatments.

Can anyone please advise the simplest means of us getting married and what documentation I will require.

It broke my heart the last time I had to leave her during her treatment and neither of us want to be apart from each other any longer.

My current "visa" runs out in a months time...... and given her current poor health.... I basically would like to know if getting married before this time means that I can stay with her legally.... without me being sent home.

I look forward to your reply.


Best regards



RMC

Simon&Vik

It sounds like you're here on the Visa Waiver Program. Not on an actual Visa.
Is this correct?

If you want to not leave, my best advise is to get an immigration lawyer.

RMC1000

Hi

Thnx for your reply.

Yes... I am here under the VWP.

As my Fiancee is again fighting Cancer for the 4th time... which may be her last... the last thing we want to do is be parted in a months time.

Simon&Vik

I cannot blame either of you for not wanting you to leave in her time of need.
HOWEVER, I've been told that it is not really "done" to "adjust status" (so you can legally stay) while here on VWP. I would talk to an immigration atty about what possibilities they see or would recommend. I wish you luck.

You could possibly find an atty via http://www.aila.org/

JubJub

Get married. Then file for AOS, using I-130/I-485. Your fiancee will also need to file an affidavit of support. To get married you generally need a passport or some other proof of age/identity. Certain states have waiting periods before a marriage license is granted, other states like Nevada you can do it straight away.

Once you are married you will eventually receive a marriage certificate, you need a copy of that to file AOS.

Waterpony

Hi,
Yes, I think that you are in the right place to find more information about marriage based visas, and yes, you MAY be able to adjust your status legally (note the word may). Please refer to the following link:
http://uscis.gov/graphics/howdoi/legpermres.htm

and also note the specific eligibility requirements:
http://uscis.gov/graphics/howdoi/LPReligibility.htm

Also, you may want to search this board for a specific discussions regarding adjustment of status from tourist visa or visa waiwer. If you can afford it, initial consultation with an immigration lawyer would not hurt.
Good luck!

Bluegrass Lass

First, let me say how sorry I am to hear of your situation, RMC. Well, you could face a very tough battle, but you have, in my opinion, a good chance of being able to remain and not be separated again.

It is not looked upon nicely to get married, and remain, while here under the VWP, but it does happen all the time. From some statistics I've come across, more people adjust status while under the VWP than coming over on a fiance or spousal visa. This means that you could go ahead and get married, but it could be tough to get your green card. The main reason it can be tough to get your GC when here under the VWP is because BCIS wants to ensure that you did not enter the US with the intention of marrying and remaining.

As Simon stated, I would suggest, at the bare minimum, to consult an immigration attorney. They could really outline all of your options. Given the extreme circumstances, and if the situation worsened after you entered the country, you may have a chance of adjusting successfully. I'm not a lawyer, and I'm not trying to give you advice, but I know folks have stayed & married under the VWP in the past with few to no problems.

Good luck,
Jamie