Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

Marrying my U.S boyfriend

Marrying my U.S boyfriend

Old Apr 13th 2008, 4:20 pm
  #1  
Banned
Thread Starter
 
Joined: Apr 2008
Posts: 113
bubbe2005 has a brilliant futurebubbe2005 has a brilliant futurebubbe2005 has a brilliant futurebubbe2005 has a brilliant futurebubbe2005 has a brilliant futurebubbe2005 has a brilliant futurebubbe2005 has a brilliant future
Default Marrying my U.S boyfriend

My American boyfriend wants to marry me, I am BRITISH.

I am going there for 3 months under the visa waiver program and I will be living with him.

There are 2 routes that we both can follow.

1st route: Get married, but then I cannot apply for a AOS I have to return back to the UK while he applies for the spouse visa for me to come back and be with him, I know this can take up to a year.

2nd route: He will apply for the fiance visa, if and when granted I go there and get married to him within the 90 day time limit and apply for AOS, followed by EAD so I can work and support him. Again I know that this can take up to a year.

My intention and I'm sure there have been other people in my current situation is this, within my 3 month stay I am want to marry him, I want to apply for a AOS, followed by a EAD so I can work.

Any advise would be helpful.
bubbe2005 is offline  
Old Apr 13th 2008, 4:26 pm
  #2  
I'm off to find a spanner
 
sime303's Avatar
 
Joined: Feb 2008
Location: Maine
Posts: 2,867
sime303 has a reputation beyond reputesime303 has a reputation beyond reputesime303 has a reputation beyond reputesime303 has a reputation beyond reputesime303 has a reputation beyond reputesime303 has a reputation beyond reputesime303 has a reputation beyond reputesime303 has a reputation beyond reputesime303 has a reputation beyond reputesime303 has a reputation beyond reputesime303 has a reputation beyond repute
Default Re: Marrying my U.S boyfriend

From personal experience I would say get him to start the paperwork now whilst you gather up all the necessary paperwork over there and get the ball rolling. Come over for a visit with him and don't mention you are visiting your boyfriend on the VWP but you are visiting a friend. Then return home and finish the process and it should be all legal and in my case it took me about a year.

If you try to play the system in any way you will get caught, just do it legally and be patient.

Whatever you do, do not overstay on the VWP. Not even for a day.

Last edited by sime303; Apr 13th 2008 at 4:29 pm.
sime303 is offline  
Old Apr 13th 2008, 4:27 pm
  #3  
Ray
 
Ray's Avatar
 
Joined: Mar 2003
Posts: 68,280
Ray has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond repute
Default Re: Marrying my U.S boyfriend

Originally Posted by bubbe2005
My American boyfriend wants to marry me, I am BRITISH.

I am going there for 3 months under the visa waiver program and I will be living with him..
No !! you will be visiting him....

There are 2 routes that we both can follow.

.
1. and 2. sound good ...
Ray is offline  
Old Apr 13th 2008, 4:32 pm
  #4  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Marrying my U.S boyfriend

Originally Posted by bubbe2005
I will be living with him.
No, you will be visiting with him. When dealing with immigration, terminology is *everything*.


My intention ... is this, within my 3 month stay I am want to marry him, I want to apply for a AOS, followed by a EAD so I can work.
It is illegal to enter the US with the intent to marry and stay to adjust status.

A little "short-term pain for long-term gain" is prudent here... have your fiance file the I-129F now to start the K-1 ball rolling. Come for your *visit* and during the time you're here... things are already in the works.

Perhaps a moderator can move this thread to the marriage-based forum.

Ian
ian-mstm is offline  
Old Apr 13th 2008, 4:53 pm
  #5  
Banned
Thread Starter
 
Joined: Apr 2008
Posts: 113
bubbe2005 has a brilliant futurebubbe2005 has a brilliant futurebubbe2005 has a brilliant futurebubbe2005 has a brilliant futurebubbe2005 has a brilliant futurebubbe2005 has a brilliant futurebubbe2005 has a brilliant future
Default Re: Marrying my U.S boyfriend

Originally Posted by bubbe2005
My American boyfriend wants to marry me, I am BRITISH.

I am going there for 3 months under the visa waiver program and I will be living with him.

There are 2 routes that we both can follow.

1st route: Get married, but then I cannot apply for a AOS I have to return back to the UK while he applies for the spouse visa for me to come back and be with him, I know this can take up to a year.

2nd route: He will apply for the fiance visa, if and when granted I go there and get married to him within the 90 day time limit and apply for AOS, followed by EAD so I can work and support him. Again I know that this can take up to a year.

My intention and I'm sure there have been other people in my current situation is this, within my 3 month stay I am want to marry him, I want to apply for a AOS, followed by a EAD so I can work.

Any advise would be helpful.
I've decided I will go there in september on VWP and get married in and around november time so it passes the 60 days (30-60-90) day rule, I will not mention to immigration boarder control that I will be living with him, I have family there anyway so I cant just say I will be staying with family.

I will appy for AOs just before the 90 days of the VWP, can I stay while I file for this??? yes or no???
bubbe2005 is offline  
Old Apr 13th 2008, 4:54 pm
  #6  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default Re: Marrying my U.S boyfriend

Originally Posted by bubbe2005
My American boyfriend wants to marry me, I am BRITISH.

I am going there for 3 months under the visa waiver program and I will be living with him.

There are 2 routes that we both can follow.

1st route: Get married, but then I cannot apply for a AOS I have to return back to the UK while he applies for the spouse visa for me to come back and be with him, I know this can take up to a year.

2nd route: He will apply for the fiance visa, if and when granted I go there and get married to him within the 90 day time limit and apply for AOS, followed by EAD so I can work and support him. Again I know that this can take up to a year.

My intention and I'm sure there have been other people in my current situation is this, within my 3 month stay I am want to marry him, I want to apply for a AOS, followed by a EAD so I can work.

Any advise would be helpful.
You say there are 2 routes you have discovered for moving to, marrying and staying with your US BF.

But you sum up with the intention to do a 3rd thing. What gives?
meauxna is offline  
Old Apr 13th 2008, 4:55 pm
  #7  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default Re: Marrying my U.S boyfriend

Originally Posted by bubbe2005
I've decided I will go there in september on VWP and get married in and around november time so it passes the 60 days (30-60-90) day rule, I will not mention to immigration boarder control that I will be living with him, I have family there anyway so I cant just say I will be staying with family.

I will appy for AOs just before the 90 days of the VWP, can I stay while I file for this??? yes or no???
Oh I see, by lying at the POE.
(google 'material misrepresentation')

Oh, and read this thread: A pending I-485 doesn't shield VWP overstays.

Good luck to you!
meauxna is offline  
Old Apr 13th 2008, 5:06 pm
  #8  
Ray
 
Ray's Avatar
 
Joined: Mar 2003
Posts: 68,280
Ray has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond repute
Default Re: Marrying my U.S boyfriend

Originally Posted by bubbe2005
I've decided I will go there in september on VWP and get married in and around november time so it passes the 60 days (30-60-90) day rule, I will not mention to immigration boarder control that I will be living with him, I have family there anyway so I cant just say I will be staying with family.

I will appy for AOs just before the 90 days of the VWP, can I stay while I file for this??? yes or no???
Whats the 30-60 -90 rule
Ray is offline  
Old Apr 13th 2008, 5:08 pm
  #9  
Homebody
 
Joined: Jan 2005
Location: HOME
Posts: 23,174
Elvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond repute
Default Re: Marrying my U.S boyfriend

Originally Posted by Ray
Whats the 30-60 -90 rule
Bless!!

I wonder whether the guys and gals at the POE know about it............ and if they do, do they care...
Elvira is offline  
Old Apr 13th 2008, 5:17 pm
  #10  
Banned
Thread Starter
 
Joined: Apr 2008
Posts: 113
bubbe2005 has a brilliant futurebubbe2005 has a brilliant futurebubbe2005 has a brilliant futurebubbe2005 has a brilliant futurebubbe2005 has a brilliant futurebubbe2005 has a brilliant futurebubbe2005 has a brilliant future
Default Re: Marrying my U.S boyfriend

Originally Posted by meauxna
Oh I see, by lying at the POE.
(google 'material misrepresentation')

Oh, and read this thread: A pending I-485 doesn't shield VWP overstays.

Good luck to you!
Hi I understand what it says right at the bottom of the page of this link

http://www.greencardlawyers.com/gree...United_States_

but while I file for the I-485 can i stay in the u.s whilst it gets processed or willi have to return back to the uk when my 90 days are up if thats the case, how will i return back to the u.s again, if the I-485 fails my boyfriend would have to be filing for a spousal visa correct?
bubbe2005 is offline  
Old Apr 13th 2008, 5:19 pm
  #11  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default Re: Marrying my U.S boyfriend

Originally Posted by bubbe2005
Hi I understand what it says right at the bottom of the page of this link

http://www.greencardlawyers.com/gree...United_States_

but while I file for the I-485 can i stay in the u.s whilst it gets processed or willi have to return back to the uk when my 90 days are up if thats the case, how will i return back to the u.s again, if the I-485 fails my boyfriend would have to be filing for a spousal visa correct?
But that is all in the past tense!

YOU are not inside the US and you are not married to a US citizen.
meauxna is offline  
Old Apr 13th 2008, 5:32 pm
  #12  
Lost in BE Cyberspace
 
Joined: Jun 2005
Location: Oz -> UK -> San Diego
Posts: 9,912
Ozzidoc has a reputation beyond reputeOzzidoc has a reputation beyond reputeOzzidoc has a reputation beyond reputeOzzidoc has a reputation beyond reputeOzzidoc has a reputation beyond reputeOzzidoc has a reputation beyond reputeOzzidoc has a reputation beyond reputeOzzidoc has a reputation beyond reputeOzzidoc has a reputation beyond reputeOzzidoc has a reputation beyond reputeOzzidoc has a reputation beyond repute
Default Re: Marrying my U.S boyfriend

Originally Posted by bubbe2005
I've decided I will go there in september on VWP and get married in and around november time so it passes the 60 days (30-60-90) day rule, I will not mention to immigration boarder control that I will be living with him, I have family there anyway so I cant just say I will be staying with family.

I will appy for AOs just before the 90 days of the VWP, can I stay while I file for this??? yes or no???
You wont be "living" him. You'll be "visiting" him or "staying" with him.
Ozzidoc is offline  
Old Apr 13th 2008, 5:34 pm
  #13  
Lost in BE Cyberspace
 
Joined: Jun 2005
Location: Oz -> UK -> San Diego
Posts: 9,912
Ozzidoc has a reputation beyond reputeOzzidoc has a reputation beyond reputeOzzidoc has a reputation beyond reputeOzzidoc has a reputation beyond reputeOzzidoc has a reputation beyond reputeOzzidoc has a reputation beyond reputeOzzidoc has a reputation beyond reputeOzzidoc has a reputation beyond reputeOzzidoc has a reputation beyond reputeOzzidoc has a reputation beyond reputeOzzidoc has a reputation beyond repute
Default Re: Marrying my U.S boyfriend

.
Ozzidoc is offline  
Old Apr 13th 2008, 5:48 pm
  #14  
BE Forum Addict
 
Emma M's Avatar
 
Joined: Dec 2007
Location: Kansas, USA
Posts: 2,620
Emma M has a reputation beyond reputeEmma M has a reputation beyond reputeEmma M has a reputation beyond reputeEmma M has a reputation beyond reputeEmma M has a reputation beyond reputeEmma M has a reputation beyond reputeEmma M has a reputation beyond reputeEmma M has a reputation beyond reputeEmma M has a reputation beyond reputeEmma M has a reputation beyond reputeEmma M has a reputation beyond repute
Default Re: Marrying my U.S boyfriend

Originally Posted by bubbe2005
My American boyfriend wants to marry me, I am BRITISH.

I am going there for 3 months under the visa waiver program and I will be living with him.

There are 2 routes that we both can follow.

1st route: Get married, but then I cannot apply for a AOS I have to return back to the UK while he applies for the spouse visa for me to come back and be with him, I know this can take up to a year.

2nd route: He will apply for the fiance visa, if and when granted I go there and get married to him within the 90 day time limit and apply for AOS, followed by EAD so I can work and support him. Again I know that this can take up to a year.

My intention and I'm sure there have been other people in my current situation is this, within my 3 month stay I am want to marry him, I want to apply for a AOS, followed by a EAD so I can work.

Any advise would be helpful.
Seriously, you need to get some facts about all of this before you come over and say ANYTHING at POE!!
If you come over with the intent to remain and adjust status and POE have any suspicion of that, you will be denied entry.
Also, I just wanted to fill you in on a few details, sorry if they burst your bubble: I came over to the US on a 10 day visit to see my boyfriend, no intention to remain, no intention to marry, just a visit was all. We ended up getting married, I then took a 3 month career break from my job in the UK so I could go back to it after my 90 days were up on my VWP.
We came into a little money and decided to go through the whole AOS procedure, and I'm telling you now, you might think it is all romantic and everything to do something spontaneous like that, but try living on 1 income, no money because you cannot work until you get your EAD, missing family back home, nowhere to go, nothing to do, no car, no health insurance, missing your husband because he is at work, having no friends... really REALLY think about this all.
There are other ways of doing it where you might have to go a while without each other but when you do get together properly it will be so worth all that work you both put into it. My husband and I were in a long distance relationship for just over 2 years so I do know how it feels. Obviously it is your decision what you DO do, but if I knew what was ahead of me I know the decisions I would have made, living like this wouldn't have been it.
Also, if after all that, they deny you at the interview, you have no right to appeal. It is WELL dodgy doing things that way. I just wish someone had woke me up to it all and told me it all plain and simple before we decided to go down that route.
Emma M is offline  
Old Apr 13th 2008, 5:48 pm
  #15  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default Re: Marrying my U.S boyfriend

Originally Posted by Ozzidoc
You wont be "living" him. You'll be "visiting" him or "staying" with him.
No, she has made up her mind that she will be living here. Please don't help her with her lies to CBP.

Here are a couple more useful links for the OP to consider BEFORE she buys her tickets and gives the cat away.

Overview of the Visa Waiver Program (VWP)


Q: Who Is Eligible to Use the VWP?
A: To qualify for the VWP, you must:


* Intend to enter the United States for 90 days or less;
* Have a passport lawfully issued to you by a VWP country that is valid for six months beyond your intended visit;
* Be a national of the VWP country that issued your passport;
* Have been checked using an automated electronic database containing information about inadmissible aliens to the United States;
* Have a return trip ticket to any foreign destination other than a territory bordering on the United States or an adjacent island unless:

1. You are a resident of an adjacent island,
2. This requirement is waived by the Attorney General under regulations, or
3. You are a visitor for business who arrives aboard a private aircraft that maintains a valid agreement guaranteeing to transport you out of the United States, if you are found to be inadmissible or deportable;

* Present to the U.S. Customs and Border Protection (CBP) officer a completed and signed Form I-94W, Nonimmigrant Visa Waiver Arrival/Departure Form. ( Visa Waiver Program Applicant Responsibilities )
* Not pose a safety threat to the United States;
* Not have failed to comply with the conditions of any previous admission under the Visa Waiver Program;
* If arriving by air or sea, you must arrive aboard a carrier that signed an agreement, "signatory carrier", guaranteeing to transport you out of the United States if you are found to be inadmissible or deportable;
* Convince the examining CBP officer that you are clearly and beyond a doubt entitled to be admitted and that you are not inadmissible under section 212 of the Act. For reasons that would make you inadmissible, please see the Immigration and Nationality Act at INA § 212 (a);
* Waive any right to review or appeal a CBP officer's decision as to your admissibility, other than on the basis of an application for asylum or an application for withholding of removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and
* Waive any right to challenge your removal, other than on the basis of an application for asylum or an application for withholding of removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Q: What Are the Disadvantages of Using the VWP?
A: If you are admitted to the United States under the VWP, you may not change or extend your non-immigrant status. If your admission is denied, you have no right to administrative or judicial review, except as noted above. Likewise, if you are found to have violated the terms of your admission, you also forfeit the right to contest a removal order; therefore, before using the VWP, you should carefully consider your options.


What if my fiancé(e) uses a different kind of visa, or enters as a visitor without visa, to come here so we can get married?

There could be serious consequences.
Attempting to get a visa or enter the U.S. by saying one thing when you intend another may be considered immigration fraud, for which there are severe penalties. Those penalties include restricting a person’s ability to get immigration benefits, including permanent residence, as well as a possible fine of up to $10,000 and imprisonment of up to five years.
It is not appropriate for your fiancé(e) to enter the U.S. as a visitor with the intent to marry you and remain to try to become a permanent resident. It is appropriate, however, to enter as a visitor to have the wedding in the U.S. and then return to a foreign residence for further processing for U.S. immigration as a spouse.
You should come prepared with proof of your clear intentions in this regard.
meauxna is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.