Marriage under the VWP, what will happen?
#1
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Ok so here's the story: I am from England and my girlfriend is from New Jersey, USA. We have been officialy dating since October of 2007 and at the moment i am over visiting her for the summer. I have been here since May 29th 2008 on the visa waiver programme and i am due to leave August 27th. I am extremely close with my girlfriend and her family and we know that one day we want to marry, but we never discussed when. Her Dad was very sick this summer so the plan was for me to come and accross and look after him, he could hardly walk and was waiting for a liver transplant. Sadly, 3 weeks into my trip he passed away. Everything has been hectic since and i have been consoling my girlfriend. However, with this happening, my girlfriend and i have decided to be married. We want to get married while i am here, we are both in a lot of depression and as cheesy as it sounds we really need to be together. Her mother is all for this and said she will say and/or sign any papers that are necessary for me to stay here permanantly, or sponsor me if needed. She has a very well paid job. I do not wish to return home at all, i would only collect the clothes and items i have left, but if it would make things easier for me to never leave, then so be it. I can live without those small clothes and items, and i would be able to take care of things like bank accounts from over here on the phone eventually. If my girlfriend and i were to be married now... how would i be able to stay here with her? And how would i be able to apply for adjustment of status. I've seen a lot of posts saying this is a no go but some inspiring ones that say it can happen. What will happening if we go ahead with this and what do we have to do to remain together physically? We do not want to leave each other at all. She needs me here. Her family needs me here with their bereavement too.
Any help would be greatly appreciated,
Kind Regards,
Simon
P.S -- For additional information. I have visited here 3 times previous but for very short stays, 10 days in November, 14 days in January and 15 days in February. She has visitied England for a 14 day stay back in April too.
Any help would be greatly appreciated,
Kind Regards,
Simon
P.S -- For additional information. I have visited here 3 times previous but for very short stays, 10 days in November, 14 days in January and 15 days in February. She has visitied England for a 14 day stay back in April too.
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#4
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Looks good to go, then. Search for AOS in this forum -- you will find that there are additional risks to this method but it is a well-trod path. File as soon as your married, and marry as soon as possible. No trips out of the US for any reason whatsoever until you have a green card in your hand.
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#5
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If my girlfriend and i were to be married now... how would i be able to stay here with her? And how would i be able to apply for adjustment of status. I've seen a lot of posts saying this is a no go but some inspiring ones that say it can happen. What will happening if we go ahead with this and what do we have to do to remain together physically?
If you have done all this reading, what do YOU think are the next steps? You surely must have run across them (we do get tired of typing the same things over & it's better to have you say what your understanding is).
Have you met with an immigration attorney yet? Why not?
That's probably the best step for you unless you are prepared to do a lot of research over the next several weeks. It sounds like you have other pressing items on the agenda.
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#6
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Simon a similar thing happened in my situation. Cut along story short I entered on a VWP, no intent to stay ( let alone marry), ended up overstaying the VWP and getting married. I successfully adjusted my status, with 2 year green card in hand in the space of 3 months once I had the process underway. Yes it carried extra difficulties due to my overstay and I also had some very old criminal convictions BUT it was doable. If you do go this path then there are some problems that can occur, and of course each case is different - HOWEVER providing you had NO INTENT to stay when you entered on the VWP and you can PROVE - then you 'should' have relatively few problems ( though if they do occur they can be quite major) I would suggest that if you are going to do this then you can make it a bit of a less fraught process by actually getting married AND submitting the forms BEFORE your VWP expires. A quick consult with an immigration brief would help you decide what course to take. Feel free to pm me
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#7
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Ian
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#8
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The OP has posted numerous threads on Visa Journey and I believe that this is where he may have got conflicting information from.
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#10
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Simon,
I just wanted to send my condolences to you.
I hope you find a journey that works out for you. All I would say is get married because you want to, and not just so you can be together.
I just wanted to send my condolences to you.
I hope you find a journey that works out for you. All I would say is get married because you want to, and not just so you can be together.
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#11
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I have all sorts of sympathy for your situation, but if you "are both in a lot of depression" then you definitely should *NOT* get married let alone think about immigration. Marriage and immigration are two *completely* life altering situations and, from what you've written, neither of you are fully conscious of what you're doing.
Ian
Ian
Regards,
Simon
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#13
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There are a number of attachments that go along with the forms you mention. Be careful, be thorough and best wishes.
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#15
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Don't think we've ever had anyone who was ballsy enough to peep in the envelope. But once you're in Gitmo, there's little contact with the outside world anyway.
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