Lynx

This is a story about a friend of ours (British), who graduated from university last month with a bachelors degree, aged 23, and his American girlfriend who is around 17/18, and gave birth a few months ago (fathered by someone else), whilst our friend was over there on a 3 month stay.

The two parties only know each other due to their parents being friends, as one of the American girls parents is originally from the UK. The British son and American daughter had never met until April /May 2012 when they all came over for a holiday (other than skyping occasionally). It was from then on that they started a relationship. He flew over to the USA in July for a couple of weeks, before heading back again in September for around 85 days, and returned back to the UK in early December. When he went to the USA in September, he did have a few problems getting in to the USA at immigration, as they questioned him on a few things, and why he had such little money on him for a long stay (though we believe he did work over there at some stage through a family friend and cash in hand).

We heard a couple of weeks ago that he plans to go back to America early March "for good", and get married to this American girl. Apparently, they don't want a proper big wedding, but just a quick 'I do' ceremony (a little like a Las Vegas wedding I guess). This has resulted in him selling all the personal items that he can (including his car) and quitting his job as a barman, as they need quite a substantial amount for this wedding, so it sounds like he is very serious about the situation, and that he is going to go through with it (they aren't even engaged at the minute). Surely it isn't that easy for a British citizen and an American to just get married, and that they are just living in a dream world?

He said something along the lines of because the girl can't come over to the UK because of her 3 month old baby (biological father causing issues / American girls dad not wanting her to emigrate), and the fact that getting a 'proper' visa would take too long, as he can't go that long without seeing her, that getting married was the only option. It sounds like he wants a quick pass into the country, rather than being with this girl for the rest of their lives (even though they may have feelings for one another now), especially as they have only known each other for a short period of time,

To anyone looking in from the outside (including myself and my family), we think he is being absolutely ridiculous, and he really will have nothing if his plan doesn't work. His parents have the attitude of 'it's his life, he can do what he wants' (no doubt they can see family visas flashing before their eyes, as they are all fans of the USA too). We could understand it if they had been in a relationship for a few years, but not such a small period of time.

From reading numerous posts on these forums over the past year, I believe he's going to run into quite a few problems - immigration on entry for a start, and again, proving the legitimacy of the relationship, but I'm no expert! Surely this isn't going to be as easy as they think?

I just wanted to see what you guys thought of the situation, and how likely he is to succeed / do you think he's likely to run into any problems? It would be interesting to see what those outside the situation think.

kimilseung

Entering the US with the intention to marry and remain is against the rules, he would be foolish to state this to anyone at immigration.

Entering to marry is legal, if you plan on leaving afterwards.

It is possible to adjust status after getting married (change of mind or spare of the moment decision) but evidence of selling up before leaving the UK may work against him, some evidence of a life in the UK might be wise.

If he plans on remaining illegal, well .... millions do it. A support network would be advised.

If he plans to adjust status then evidence of support is still needed. His wife or someone else will have to earn enough to pass this requirement as sponsor.

Michael

The proper way is to get a K-1 or CR-1 visa which takes about 8-10 months. During that time, he can visit using the vwp.

If he enters the US, gets married, remains in the US, and adjusts status, he risks denial due to intent or possibly even other issues and removal proceedings could commence.

ian-mstm

You're right... it's not going to be as easy as they think. Do yourself a favor... distance yourself from both of them; give them no advice whatsoever, and let them deal with whatever shit they get themselves into. They sound well suited to each other.

Ian

COSPhil

The advice so far is sound.

Nothing wrong with him wanting to live in the US and marry a United States citizen in principle.

To remain legal, he has three choices. All of these assume he is able to use the VWP. He stayed for 85 days, then he should consider staying out for 85 days (note this is not hard and fast, and the Border Protection officer may still refuse entry).

1. Enter on the Visa Waiver Program
This is, I presume, how he has entered the USA previously. Given he has already had one stay of 85 days he is likely to require a good explanation as to why he is coming for visit so quickly afterwards. Bear in mind, he is a visitor.

He can then Marry whilst in the USA on the Visa Waiver Program, and seek to Adjustment of Status.

However, the BIG risk here is that you may be refused and deported. He will need to show that there was a change of intent after entry. This would mean showing ties to the United Kingdom. It's difficult to invent these ties, but things like car ownership, being a student, having a job, owning or renting accommodation are decent examples.

- Follow a K1 Visa Route.
This will mean filing a I-129F petition with the USCIS (United States Citizenship and Immigration Service). The petitioner will be the United States Citizen. Once approved, this will lead to an application for a K1 Entry visa in London. Once approved, he can enter and must marry within 90 days (he would subsequently adjust status).

- Follow a CR1 Route
This is similar to the K1 route, except the pair are already married. To do this he would need to visit her in the USA, get married, and return to the UK. A similar process to the K1, except it is an immigrant visa (technically the K1 is non-immigrant until you Adjust Status) - therefore you have already adjusted status effectively (that's not the correct phrase but you get my jist).

If he enters, marries, and stays he will just be an illegal immigrant. I would STRONGLY advise against that.

civilservant

Agree with Ian, don't try to educate him, because if he cannot be bothered to do the research himself he wont thank you for it.

Noorah101

I suggest that if your friend has any immigration questions, he register on BE himself. Second or third hand advice always loses something in passing.

If he doesn't want to register and ask for advice, then I agree with Ian. Don't provide him any advice, and don't get involved in his immigration. He may or may not be successful. Let the chips fall where they may.

Rene

jeffreyhy

Very. Maybe. I also agree with Ian - stay out of it. At most, suggest that he have a consultation with a US immigration attorney to discuss what he wants to do and educate himself on the applicable immigration law. I don't recommend that he register here at BE - this issue has been discussed ad nauseum and the inevitable outcome is a debat over what should be done and what, as a practical matter, can be done. The many voices will just confuse him, he's better off hearing it all from one professional voice.

Regards, JEff

Pulaski

Please report back from time to time with progress updates - it promises to be an entertaining story!

Lynx

A little update on this story....

Our friend is flying out in a couple of weeks time on a one-way ticket, planning to have a quick 'I Do' ceremony, then stay in the USA forever. Thing is, they aren't even engaged at the minute. He's sold all of his items back in the UK, and quit his job.

We've heard that he is paying an agency to sort everything out, and they have told him when he enters the country he can't leave for 2 years otherwise he won't be able to get back into the country.

We asked what he was doing for a job whilst he was out there, and apparently he's getting cash in hand from a family friend.

We haven't heard anything about visas or interviews, so we assume this agency is doing everything, and that he's still entering on the VWP, but we aren't sure as he hasn't gone into detail.

Personally I can't see it working, and I feel he's going to have some trouble entering... but I could be surprised. What's everyone else's thoughts?

I will keep you all updated!

civilservant

The simple fact is that he probably will get through, especially if he booked a return ticket, unless he raises other red flags such as appearing nervous or having an inconsistent story.

The problem will come when he attempts to adjust. As for the agency, they are knowingly aiding and advising an illegal action, so that speaks volumes for them.

ian-mstm

I'm glad you posted this bit... because this is a perfect example of why people should never deal with visa agencies. Bad advice, incorrect advice, aiding and abetting, and conspiracy to defraud.


I suggest you find a new friend... this one is an idiot.


I think you should walk away from this. If it doesn't work out, too bad for him. If it does work out, posting that info might lead others to consider this very risky course of action.

Ian

Michael

By selling everything and quitting his job, he has probably made an adjustment of status more difficult. If asked by the adjudicating officer about his intent when entering the US, how will he explain that he didn't have any intent to remain if he did that?

sir_eccles

I believe there are ways to report such an agency to the government.

http://www.uscis.gov/portal/site/usc...0025e6a00aRCRD

slummymummy

One way ticket? How is he planning to explain that to the officer at the point of entry? Is he even aware that what he's planning to do is illegal? "yeah hi I'm here to get married and I'm staying for at least 2 years". Sorry sir that's not allowed on the VWP, bye.