British Expats

British Expats (https://britishexpats.com/forum/)
-   Marriage Based Visas (https://britishexpats.com/forum/marriage-based-visas-35/)
-   -   Intro! (https://britishexpats.com/forum/marriage-based-visas-35/intro-747258/)

britinnola Feb 3rd 2012 12:49 pm

Intro!
 
Hi all!

This is my first post on BE and want to say hello and help!!

I'm a Brit, working in the Middle East and engaged to an American chap...I'm taking a career break for a short while and intend on staying in our home in New Orleans on a 90 day visa waiver.

Firstly, are there any British groups/scene in NOLA?
Secondly, can I marry my fiancee in the US on my current visa status or do I have to apply to marry him in the US?

Apologies for sounding naive, I'm very new to all this!

Thanks in advance for any help/advice! :)

penguinsix Feb 3rd 2012 12:55 pm

Re: Intro!
 
Hi

We will probably move this over to the marriage visa section later but wanted to at least say hello first.

Basically, you are not supposed to get married while on the Visa Waiver Program. In reality, it does happen, but there are people who have run into problems doing this when they seek a formal adjustment of status. If you just want to get married to be married, go ahead--head to Vegas. But if you are looking to get married to change your status and remain, then you should do some digging into the problems that might surround that. The folks in the marriage visa section have some good advice on that point.

As for Brits in NOLA, you can check meetup.com as that's a great resource. I'm sure some who are actually down there will write more in a bit once they wake up.

Welcome

ian-mstm Feb 3rd 2012 12:55 pm

Re: Intro!
 

Originally Posted by britinnola (Post 9881887)
Secondly, can I marry my fiancee in the US on my current visa status or do I have to apply to marry him in the US?

It is perfectly legal and okay to marry your guy in the US while you're on the VWP - which, by definition, means that you don't actually have a "current visa status" since you don't actually have a visa... if you see what I mean! :)

Ian

ian-mstm Feb 3rd 2012 12:58 pm

Re: Intro!
 

Originally Posted by penguinsix (Post 9881896)
Basically, you are not supposed to get married while on the Visa Waiver Program.

What? That's totally wrong. It is perfectly okay to marry while on the VWP.



... there are people who have run into problems doing this when they seek a formal adjustment of status.
Adjusting status is totally separate from getting married. Don't confuse the two!

Ian

paulpur Feb 3rd 2012 12:59 pm

Re: Intro!
 
no idea about the scene in New Orleans sorry, but as to your second point about being able to marry your beau in the US on the visa waiver program, yes you can, but this is where it gets dicey, you can marry but not have the intent to stay and adjust status on the vwp
so realistically , it may be better to marry and then apply for the cr-1 visa or apply for the k-1 visa beforehand and then get married in the US, however , if you arent planning on staying in the US it is perfectly fine and legal to marry on the vwp and then leave after your holiday/trip is done

ETA: you guys are way to quick for me, i didnt see you had answered already hehe

penguinsix Feb 3rd 2012 1:00 pm

Re: Intro!
 

Originally Posted by ian-mstm (Post 9881904)
What? That's totally wrong. It is perfectly okay to marry while on the VWP.



Adjusting status is totally separate from getting married. Don't confuse the two!

Ian

Yea, I was editing my post after seeing your first comment and realizing marriage for marriage's sake is cool, just the aos stuff is problematic.

britinnola Feb 3rd 2012 1:02 pm

Re: Intro!
 
Thank you for the welcome, much appreciated!

Thanks for the advice also....I've been researching the Immigration regs for the US and will consult an Immigration Lawyer when I return 'home' in a few weeks time; I want to do this the correct way....it's far easier getting a visa to live and work in Afghanistan (where I'm currently working) than it is for the US....oh well, it'll be worth it in the end! :)

Thank you, once again.

britinnola Feb 3rd 2012 1:04 pm

Re: Intro!
 
Paulpur et al,

Thank you! I will be staying for a couple of months then returning to AFG on a new assignment so blokey and I will begin the next step while I'm away.

Thank you so much, you've put my mind at ease.

paulpur Feb 3rd 2012 1:05 pm

Re: Intro!
 
you may want to check out the CR-1 , K-1 and the CR-1 vs K1 comparison wiki's on this site, hopefully those will help you to better understand the situation :)

http://britishexpats.com/wiki/CR-1

http://britishexpats.com/wiki/K1

http://britishexpats.com/wiki/Compar...ge-based_visas

ETA: just seen your new post, if you are getting married whilst here on your holiday and returning to AFG , then it will be the CR-1 visa you will be looking to read up on :)

ian-mstm Feb 3rd 2012 1:07 pm

Re: Intro!
 

Originally Posted by penguinsix (Post 9881907)
Yea, I was editing my post after seeing your first comment and realizing marriage for marriage's sake is cool, just the aos stuff is problematic.

:) No worries!

Ian

britinnola Feb 3rd 2012 1:11 pm

Re: Intro!
 
Thank you, Paulpur, you've been most helpful! :)

ian-mstm Feb 3rd 2012 1:11 pm

Re: Intro!
 

Originally Posted by britinnola (Post 9881911)
I've been researching the Immigration regs for the US and will consult an Immigration Lawyer when I return 'home' in a few weeks time...

Why? I'm willing to bet that your lawyer hasn't immigrated to the US, whereas pretty much everyone here has... and has genuine experience to back it up! Unless you have a criminal history or a previous US overstay, it's a fairly simple and straightforward process, albeit time consuming.



I want to do this the correct way...
Y'see... this is what I mean. There is more than one correct way! :)

Ian

britinnola Feb 3rd 2012 1:16 pm

Re: Intro!
 
Ian, I was advised to consult a Lawyer....we have a friend who is willing to help us for..ahem...free (I know, no such thing as a free lunch and all that!!) I'll listen to advice from you all too, I'm certainly not dismissing anything! :)

Thanks anyway, more food for thought ;)

paulpur Feb 3rd 2012 1:17 pm

Re: Intro!
 
you are very welcome :)

i agree with Ian, the forms may be a pain in the butt and time consuming, but once you learn a little about the process , it is fairly straightforwards and very doable yourself without a lawyer, unless there are other issues in your history that can complicate things lol..although, free legal help wouldnt hurt hehe
quite a few of us on here did the process ourselves and this place is also a great resource whilst going through the journey

britinnola Feb 3rd 2012 1:18 pm

Re: Intro!
 
Oh, and I have no criminal record (can't afford to with my job!) and have never overstayed in the US (sadly, work calls me back after a few weeks :( )


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