Songbird

Hi Defoe,

Well I'm not going to give you life/relationship advice
a) because I don't think it will matter what anyone says to you at this stage
and
b) you never asked for it (not that that's ever stopped me sticking my 2 cents in before , but hey you're 20, in love and I know how that goes LOL )

So having said that what I read from your post is ( and correct me if I am wrong )

1 ) You are here on the VWP visiting your g/friend who is a united states citizen (USC) correct?
2 ) You have not overstayed that VWP period - (you have been here approx 2 weeks?)
3 ) You have now decided that you want to marry your USC g/friend
4 ) Once married you want to stay here in the USA with her.
5 ) You want to know if it would be possible to do that

Well as has been said YES you most certainly can get married ( that's the easy part) it's the 'can I stay here once married?' part that could/may be a problem Which is the reason you have been advised to have a one-off sit down chat with a qualified, competent immigration lawyer. Not only can they advise you of the best way to proceed that works for you and your girlfriend, but they will also have (from yourself) all the details necessary to enable them to give you that advice.

In THEORY, providing;
a ) When you came to the US on the VWP you did not come with the intention to stay i.e. you did NOT abuse the VWP
b ) There is a USC ( doesn't have to be your g/friend, one of her family members or friends will do) who is prepared to sign an Affidavit of Support ( in brief a contract with the US govt saying they will support you financially should that be required - and is earning or has assets to the stated required amount)
c ) you can pass the required medical
d ) you have the funds to submit the application and cover the cost of the medical (ball park figure of about $2k give or take depending upon the medical costs)
e ) You can have your wedding, medical, obtain documentation from the UK needed for your application, submit all your forms ideally BEFORE your VWP expires
f ) You are prepared to be 'landlocked' in the US until such time as USCIS processes your Advance Parole, which could be anytime from whatever to whenever months from the date they receive your AOS submission
g ) You ( or someone has) the $$$$'s to support yourself until you are able to work (and that doesn't mean until you can get a job ) that means until USCIS issues you with authorization that ALLOWS you to work (EAD) Again this could be whatever to whenever months (that's not an actual USCIS requirement ... just my one bit of 'lifestyle advice' for you to think about )
and lastly but most importantly
H ) USCIS accept your submission, find it all in order, it all goes smooth at your interview and they grant your application for AOS

then yes if USCIS say you can stay then you can stay

If however, for whatever reason, your application is denied then as you entered on the VWP you have NO right of appeal whatsoever, you don't get to argue your case before an immigration judge, you will be subject to immediate removal from the US, married or not. As to the chances of that happening well, from what I've read, for some people who went this path (all the other issues aside) then it was relatively straightforward. For others not so, there were issues / complications and they did find themselves having to leave. Each case is different, and needs to be assessed individually hence the 'must have' one-off consult with a lawyer. You may have issues that make your situation more complicated. I have no idea. For example, the VWP /marriage/AOS aside there could be other issues that further complicate your case such as :
b ) you have a criminal record (and yes include cautions in that).
c ) you have past immigration issues involving overstays / abuses

You are being directed to talk with a lawyer because they really would be the best person to assess YOUR individual circumstances. You don't have to engage their services to handle your case (unless you do have some issues then you would be advised to ) but at the very least you should consult with one to get their qualified opinion.

good luck

Jerseygirl

Defoe...there are a couple of problems that spring to mind that you may not have considered. If you don't go down the correct route and find yourself 'landlocked' in the US as Songbird pointed out...what if there is an emergency back home? If one of your immediate family are seriously ill...or worse...what would you do? If you leave to be by their side you will probably not be allowed back into the US.

Another thing to consider is healthcare. You said your travel insurance covered your recent medical expenses but if you decide to stay here you will no longer be covered because you will no longer be a tourist. You have asthma...do you have any idea how much another attack will cost you? We are probably talking thousands of dollars if you are taken to the ER again. There is no 'free at the point of service' NHS system here...or NHS prescriptions.

Poppy girl

I am living proof I married on the VWP and stayed.

I would not reccomend it many sleepless night and lots of anxiety.

defoe

Song Bird thank you so much for your advice you have given me a nice deep breather (which is rare for an astmatic person) Your comments have gave me a glimmer of hope and I appreciate them I will look into it closely and everyone elses, thank you for taking time to write all that LOL LOL LOL (come on guys im 20 cut me some slack LOL is just a habbit I could teach you guys more? LMFAO, PMSL, ROFL, there good but theres swear words in them Ok I am 20 and I dont drink anyway so Im not breaking any laws!

I understand you cant ask for immigration advice off people but is it ok for me to ask Poppy girl if it was easy, and what was her story (I presume your a girl with that name)

Just so everyone knows Im someone who goes by the book but Love makes you crazy, Im still wanting to go by the book but as a few people have said you can get married on the VWP if you had no intention to do so when you get the US...I didnt, now I do being here for 2 weeks.

jeffreyhy

So, your question is not about getting married is it? Your question is about immigrating to the USA. Why can you not say so explicitly?

If all of your questions are going to be as obtuse as the one that started this thread you are going to die of old age before you learn enough to immigrate!

Regards, JEff

Poppy girl

It wasn't so much as not easy it was just a terrible strain on our marriage I have posted on here as have others for many years, and to reiterate it all again would take pages lol...BUT if I had to do it again which I don't as I am now a US Citizen I would of done a K1 probably, the time apart will make you realize if you truly are meant to be together and will give you breathing space, if you are going to spend the rest of your lives together then a few months seperation won't do either of you any harm

jeffreyhy

You can get married in the USA "on the VWP", you can get married in the USA if you came here on any type of visa, you can get married in the USA if you swam the Rio Grande from Mexico, you can get married in the USA if you stowed away in a shipping container from China. How you get here is totally irrelevant - you can get married in the USA no matter how you managed to get into the USA and no matter what your intentions were when you arrived. All you have to do is be in the USA to get married in the USA.

Please stop talking about marriage if what you want to know about is immigration. This thread would be only half as long if you'd stay on the right topic.

Regards, JEff

bivlover

Hi Defoe

Well done for following your heart As far as I'm concerned it will get you far in life!

BUT

The above advice about getting clued up and understanding the rules is very important to your success!

I am planning to move to the USA and get married to a USC. The original plan was to get married when I was there on a VWP, but we got legal advice which stated very clearly that this was a bad idea.
As stated by others above, it is not technically against the rules, but it is frowned upon. What this lawyer said is that, when later applying for the visa to stay, many immigration officials see getting married (with the subsequent intention to immigrate) as a violation of the spirit of the VWP - which is intended for short visits only. Of course you are allowed to marry, but if you later apply to stay, they will question the fact that you married on a VWP, to a greater or lesser extent depending upon the whim of the immigration official.
Bottom line - a significant percentage of these cases get refused with deportation. There may be ways through it if you play your cards right - and I shall watch your journey with great interest (!)

The advice for us was to do the fiance visa instead, so here I remain in Lancashire, probably for several more months, while my partner is in California. It's harsh doing this but, for me, it's better than going for a risky strategy, and running the risk of being seperated for ever.

Best of luck

S Folinsky

Do you feel lucky?

Songbird

very true and apt.

Thing is Defoe while for some people it all works out fine.. for others it doesn't. The problem is you won't know what group you fall into until the dice is rolled, by which time if you are in the latter then you are in a world of trouble. I guess the question is are you prepared to gamble both your futures at this stage, and risk it, when by following another route you could have pretty much a guaranteed success? For the sake of say 6months apart you could save yourselves a lot of worry, hassle PLUS you would be able to plan and do it all properly (wedding, get some $$$'s behind you) If I was in your position ( heck if I could do my journey over again) I know what choice I would make. But at the end of the day it's your call to make.. think about it long and hard

Ray

Go for it ... I dont care

crosscountryrider

Hey,
every story and AOS is different. Nobody can tell you if you will make it or not.

I also adjusted from VWP but it's my story.

The only things which are important for you is to get a attorneys and listen to him/her. Secondly do not overstay even one day - file your AOS before 90- days are over. (90 days means 90 days and not three month.

If you want to take the gamble it's your and your partners decision.

If you ask the people here how to file AOS they will help you like anybody else.

The risks have been explained to you -it's now down to you and your fiancee what you want to do.

Good luck
CCR

ian-mstm

Prove it. Prove you didn't have the intent... because that's what you'll need to do when the officer asks.

Here... let me help you - you can't. It's as simple as that. You can NOT prove a negative. You can't prove you didn't intend to stay. Result = game over, and too bad for you!

Ian

fatbrit

The vast majority of visa waiver express cases surely go through without issue -- otherwise the boards would be buzzing with real tales of woe.

Poppy girl

bivlover;Hi Defoe

.
Bottom line - a significant percentage of these cases get refused with deportation. There may be ways through it if you play your cards right - and I shall watch your journey with great interest (!)

Nonsense, but he could be the one thats does not go through.