bstes

Hi,

I think I have discovered that you can marry on a visa waiver in the united states.
I also read something about tourist adjustment, so when i enter the us, and if we marry while i'm there....and i file for status adjustment...do i still need to leave the country after the 90 days my visa waiver grants me if the status adjustment isn't approved yet...or can i just stay in the us.
Or do i still have to apply for a spouse visa and if so do i need to leave the country again or not?

Sorry for all the questions, but i'm really new to all of this.

Bart Stes,
madly in love with a US citizen

Muki

I first came on a visa waiver and when I wanted to stay was advised that an AOS could not be done. I had to either stay illegally , then the AOS could be filed or return home.

Pete F

Bart.. Rete gave you GOOD advice in your previous post..
Yes it is possible to marry on the visa waiver BUT assuming you get into the USA in the 1st place, if the INS suspect it wasnt a "spur of the moment" thing, you could, officially be removed and possibly subject to a Ban.. In effect, it would be visa waiver fraud.

Your best bet is to do things by the book. That way you dont risk the chance of being separated for longer than you want.
You can DCF as Rete says.. Do that.. It will be worth the wait..
Whatever you do, do NOT tell fibs to the INS... if you are found out.. you can be in deep doo doo..

The London Embassy web site DOES say that its possible to Marry on a Visa Waiver or Tourist Visa as long as you return to your country of Origin and file correctly for the appropriate visa.
HOWEVER.. you HAVE to take sufficient proof of your intending return to your country with you to show the INS at the Port of Entry. Even then, if they suspect immigrant intentions, they will turn you away, and you will have that entered in your passport and you will have then to file for a 601 waiver at a further $195 plus all the attendant worry that brings.

I think MANY will join with me a WARN you NOT to buck the system.. Its your choise.. but you have been warned.

Cheers..

Pete

Jadm

Muki wrote in message news:...
    > I first came on a visa waiver and when I wanted to stay was advised that
    > an AOS could not be done. I had to either stay illegally , then the AOS
    > could be filed or return home.

thats CRAP......my (now) UK husband came 3 times on the visa waiver to
visit, we married on the 3rd, he stayed and Adjusted his Status..that
was almost 2 yrs ago.....after we filed the AOS papers and he had his
medical (also file for a work visa) he got his temp. work visa THEN
was able to go get a SS#...after that he got a USA drivers liscence
and a job..all took 8 months total*

NC Penguin

Jadm: you said it. You and your husband's experience was almost 2 years ago. Since then, the US has experienced 9/11 and it's not so quick and easy as you describe.

In any case, should anyone succeed in knowingly mislead the INS or any gov body, they're going to have to continue to keep up that "white lie" forever 'cos if they're caught, they'll be punished.

So, the bottom line is, IMHO, it's not worth risking it.


NC Penguin

Finchd

Hi

I personally would do things by the book (the INS way.) Its not worth getting yourselves into any trouble with INS and by getting married ASAP and in the USA its not going to speed up the process. Its just gonna cause heartache and stress in the long run.

Oh yeah and bear in mind that if you go into the USA and Marry then return to the UK, your Partner will have the file the K3 forms (Spouse visa) . At the moment this statistically tends to take alot longer than the K1 visa (fiance visa). But I do not know why it does.

Go the K1 route but exactly by the book.

Good luck and remember we are all in the same boat.

Deex (also madly in love with a US Citz)

jeninifer

For what it's worth - my affluent Immigration Attorney does hundreds of cases a year for people in this situation.

When my fiance and I contacted her (well after 9/11) about possibly marrying while he was visitng she was very supportive and immediately took our case.

Philip and I went ahead and married and he has since gotten his SSN with work Authorization. Our AOS interview is scheduled for next Tuesday.

We initially went the route of the I-129-F through Nebraska and it was a DISASTER. If we would have waited for that thing to go through we'd still be living single in two different countries. From personal experience - I wouldn't suggest that to ANYONE.

Then again - we didn't try to cheat the system. We had many visits under our belt and we honestly did decide to go ahead and marry when Philip was here for a visit. His house was already sold and most of his belongings were already being shipped here.

All in all I think the route you take depends on the time and money you're able to put into it.

Best of luck!

salooni110

excuse my ignorance but how do u get a visa waiver?
is it only applicable for certain countries? i htink my k3 is goign to tkae forever , cuz my husband has a previous INS violation while he was here few years ago , and Im afraid that might come back to haunt him.....
thanks

Rete

Visa Waiver Program (VWP) is available only to citizens of certain countries, i.e. UK, Germany, Denmark, Holland, etc.

As for your husband's INS violation from years past, depends on what was written in his passport and whether he left voluntarily and if he used fraudulent documentation. Yes it might well come back to haunt him and require a waiver.

Rete

salooni110

he left voluntarily after seeing his friends (pakistanis) being detained and questioned for minor violations, and there was no troubling stamp on his passport, like overstay etc. He was on h1b visa and did not work for that company that sponsored him, we were married before his visa expired. Now the lawyer said we would have to wait until a k3 is rejected for watever reason then file a waiver.
i hope theres no need to reject him!

bstes

Hi again,

Me and my gf are gonna try and have a baby while i'm in the states. And no that's not to help us with my immigration...but because her age requires that if we wanna have babies we better start soon. But if she got pregnant while we were in the states would that help convince INS that we "supposedly" got married on a spur of the moment thing and that we weren't planning on marrying, but that I see it as my dutie as an expecting parent to try and remain with my gf....first by marying her then by applying for an AOS.

Believe me we are not trying to get my gf pregnant because it might help in our struggle, but because we both want to have babies and because we only have a couple of years left in which that is possible (she's 34).

thanks for the replies guys,

Bart Stes,
madly in love with a US citizen

Aliluv

I read a statistic somewhere that most people who adjust status do so on the VWP. I am wondering if anyone has any cusrrent statistics.

Ali

Rete

No it won't help. In fact one couple had to have a DNA test on the baby and father in order to prove to the Baltimore INS office that he was indeed the father of the child. As for 34 and only having a couple of years left ... well now enough "thought"

Bart, you were given the ins and outs of the whole thing. The choice is now up to you and her. Best of luck to you both and the baby, if you are successful.

Rete

bstes

Rete and others,

I thank you very much for all your help...I think I understand most of it...at least enough to make our decision...thanks very much for beign so helpful....i'll keep you posted on what we decide and how that goes.

Bart