Ambie

I was told that if my Brit came to America and we were married there while he was on the visa waiver program, he would eventually have to leave and conduct his physical/interview in London. However, I was going through various personal experiences today and it sounded like he wouldn't have to leave, and we'd just have to file for adjustment of status (since the K-3 is to bring a spouse into America, but he'd already be here!). Is this true?

I have a few questions about the visa waiver program too. I was under the impression that it was for 90 days maximum, but I've heard 6 months from other people. Which is it? Also, if the visa waiver expires while we're still waiting for the AoS to be completed, will he have to leave and stay in England until it's approved?

Finally, for a relatively uncomplicated situation (no children, no criminal convictions, and one prior marriage a month from final termination), would it be worth hiring an attorney to prepare and file the documents for us? They look to be rather pricey but I don't want to make a mistake and end up having my fiancé deported.

Many thanks in advance to anyone who can help us out. :)

Raymond

Hi there
I am a Brit who is in the same position as your husband to be.
I am intending to visit my lady in Cali (as i am also on the visa waiver program) and go to Vegas and get married.
I must admit, like yourself i am not sure about the proceedure for filing for adjustment of status while i am there as a "tourist". Please if you find out anything let me know

Many thanks

Ray

tbiller

Ray - please see my reply to your original post. Filing for AOS after you have entered the USA on the VWP with the intention of marrying and staying breaks the terms of the VWP and is ILLEGAL under US law. Doing this can get you deported and banned for up to ten years.
Apologies if this sounds overly dramatic. Search this forum for the phrase "ten-foot-pole" if you need any further convincing.
Absolutely correct.
Yes he may already be there but in using the VWP to enter with the intention of marrying you and remaining to file for AOS he has already broken US immigration law. You can't apply the K3 after-the-fact. Not a very good idea. At all. Carries enormous risk.

Tim

Quiller

The VWP requirements are here: http://www.immigration.gov/graphics/...spect/vwpp.htm

If you've filled in one of those green cards before, you'll remember the bit where you agree not to try to adjust your status while you're there :/

Does anyone know if there will be a problem with using the VWP to stay 88 days with a fiancée? Will the examining officer have a fit and send me home? How can I convince them that I'll be leaving within the 90 days?

Quiller

Tim, what about using the VWP to enter, marrying a month or so later, filing for K3, and leaving within the VWP 90 days?

I assume there's nothing wrong with the actual marriage while on the VWP? Is it just the intention to stay that upsets them?

tbiller

They have absolute authority to refuse you entry if they aren't convinced you have a compelling reason to leave. You could take a letter from your employer that states explictly when you are expected back. Take a copy of the lease agreement/mortgage on your property. There's other stuff you can show as well but these two seem the most compelling to me.

Offer these if proof you will actually leave is requested. Only tell the ex-off that you are visiting your fiancé if they ask you if you are visiting your fiancé. Otherwise you are on an extended vacation aren't you?

Are you going to tell the ex-off that you plan to stay for 88 days?

What is the date on your return ticket?

Tim

tbiller

That would be OK. Your spouse would file the I-130 for you after you were married and then file the I-129f/K3 when they receive the I-130 file receipt. Chances are you could still be in-country for the K3 filing. But you would still need to leave within the VWP time-limit as stamped on your passport. Then you'd get notice of the I-129f approval when back in the UK and attend interview there. Just make sure you review the documentation requirements for both the I-1xx submissions and take those necessary with you to the USA. If nothing else, they could prove to the ex-off at your port of entry that you do intend to leave to complete the paperwork in the UK
Nothing at all. I was married in the USA visiting on a VWP. Yes, the intention to stay is the deal-breaker here.

Tim

Ambie

Thanks a lot for the answers, I really appreciate it.

Quiller

I appreciate the replies too, the process is rather daunting..

Is it OK for me to work remotely for my UK employer while in the US on the VWP?

Also, should I inform them of any change of address while I'm on the VWP?

tbiller

You'd have to ask them. They may have a policy for this. I mean, have others gone away for three months vacation and stayed employed and worked remotely?

I think the process is more daunting if you try to avoid it.

Those are tricky questions. I would say that I think that working while in the USA on the visa waiver is also a no-no.

But then I've done this myself on two occasions, except in mitigation I'll state that both times I was actually employed by the UK office of a US company that sent me to the States for a weeks training. And when asked by the ex-off at POE if my stay was personal or business always answered both, as I tagged holidays onto both visits.