AngieT

Ian,
My partner is active military duty which I have stated numerous times. He gets deployed every few mths to Afghanistan & Iraq so I'm sorry if you feel I'm 'exaggerating' but it's hard enough being apart without the added worry of weather not he will actually make it home. So please don't patronise me saying I'm exaggerating what's happening!

pbrnmd

This is the best advice. Your fiance is ostensibly literate and capable, and his being active duty USAF will be anything from a non-issue to a substantial benefit.

I-130 from abroad vs I-130 with AOS (adjustment of status) on a non-USC visa holder (my case) maybe comparing apples and oranges. But it is very doable and your husband (once married) can begin working on setting up contacts, research and assisting with documentation etc.

This morning my wife and I were interviewed at Seattle USCIS office for AOS from F-1 visa to I-130 and I-485. We were approved and her passport (non USC) given 551 stamp (temp green card) before we left the office.

NOA or receipt of the I-130 was exactly 90 days ago (May 29). Interviewer was clearly aware of my military status (retired, lifer). Whether my military status actually shortened the length of time to the interview, I can't say. But the process was fairly quick and again, the USCIS interview clearly knew what I was and made comments that were positive to the interview.

Noorah101

The process you did was just an Adjustment of Status (AOS). The OP can't do this, as she's not in the USA on some kind of non-immigrant visa...so that doesn't apply to her scenario. She has no choice but to have her USC husband file an I-130 and do an Immigrant Visa process. Or, the K-1, if they want to wait to get married.

Congratulations! Actually, it's AOS from F-1 to Permanent Resident. The OP does not have this option...I'm just pointing that out again so the OP won't get confused.

I believe, though, that you sent in an I-130 along with the I-485 and other applications for AOS. This will be different from what the OP's husband will do, and the processing time is different. He is filing a stand-alone I-130, while your wife's case was actually dependent on her I-485 application...the I-130 was adjudicated at the same time so that the I-485 can be processed.

Rene

pbrnmd

Thanks Noorah!

ginstwin

Angie,

I understand your frustration with the system. I am still waiting for visa approval more than 5 months after the estimated time given by USCIS (totally different visa to yours , so dont worry!)

However i just wanted to comment that the forum members here dont make USCIS rules. They are trying to help you understand the process and they have all been there and done it.
One needs to take emotion out of it as "rules are rules" , which is basically what the people here are trying to do for you.

For what its worth in your situation i am extremely sympathetic and hope as people have suggested here that your fiancees superiors can investigate getting the process fast tracked, or at least get it underway.

You will not find a better and more informative forum anywhere and i have received fantastic advice on a variety of issues from the people here.

Be patient, listen to them all and hopefully you will find a way to get the visa process done as quickly and as efficiently as possible.

Noorah101

USCIS doesn't approve visas. Perhaps you are waiting for the petition approval?

Rene

ginstwin

Sorry Rene, you are correct.

AngieT

**UPDATE** looks like my other half being in the military may actually have paid off for once! He spoke with the legal team on base & also called the immigration military advice line, they all stated same that if we just go for the spouse visa once were married on average for active US military this is taking 5 mths to process.
We have decided we will marry in England as he already has the necessary visas etc. rather than chance me marrying on the visa waiver and it causing any problems down the line.
Hopefully we can get married soon if he gets leave and get the ball rolling!

ian-mstm

There won't be any "problems down the line" as a result of you marrying in the US on the VWP. It is allowed, and perfectly legal. That said, you seem to have settled on a course of action... so, good luck to you.

Ian

AngieT

My partner said the military had advised not to marry on the VWP as have to be honest about your intent when going through customs.
I mean if they outright asked me what is the reason for your visit to the US and I say getting married, I'd be scared they'd detain me or something for questioning?
I've just read a full thread on here warning against marrying on the VWP there seems to be so many conflicting views on this.
I wouldn't want to do anything that would adversely affect future visas I'd also be worried about being questioned as I'd have my young daughter with me.
That said I've scoured the Internet and can't find any federal law that says this is not allowed?

ian-mstm

You won't find any law that says it's not allowed... because it is allowed.

On that point, you need to understand how US law is written. A private person can do anything they want as long as there is no law specifically prohibiting it. The government, OTOH, can only do that which is specifically allowed by law.

Best of luck to you.

Ian

ginstwin

Angie

I think the confusion if there is any is this: Some people are travelling on VWP and getting married while in the USA and then overstaying past their I-94 90 day date.

They are then adjusting status .

The advice here is not to take that risk. It is possible that the people who have outstayed their I-94 will be arrested at interview, or just as possible will be given approval.

As you rightly say if you enter on your VWP and say you intend to marry you will not be allowed in at POE.

This whole situation with fiancee visas is completely inconsistent. I know someone who has entered the USA with the intention of getting married to someone he met last visit. They got married with a week left of their I-94 and their lawyer is supporting his request for an AOS. I have heard him say to others who have gone done the 2 alternative routes that they are foolish as its easy to adjust status, I think he may have a bit of a shock coming.Makes a complete farce of the K1 visa and the CR-1 immigration visa.

For what its worth i think you are doing exactly the correct thing.

halfmoon

The USCIS military advice line is manned by the same people as the legendary USCIS 'misinformation' line. The advice we got was shocking! You have already had great advice from some of the posters on this thread.

You can marry on the VWP, so long as you return home to complete the spousal visa process. When I went through the POE, I was asked the reason for my trip - I said that I was there to get married and have a short holiday. The official congratulated me and stamped me through. We married, had a holiday together and I went home as DH filed the I-130 petition.

It will take time, and being away from your loved one is awful. I figured that as a military couple, we were better prepared for the separation as we have already signed up for a lifetime of it

AngieT

Thanks guys,
I would prefer to have just gone over in Nov for thanksgiving and got married then but after reading some of the VWP horror stories it has frightened me!
The whole visa system seems incredibly inconsistent to put in mildly. A friend k went to school with out stayed his visa and got married but was still able to apply for AOS and stay in the country!

If I get married stateside on the VWP I fully intend to return to UK as I have house job etc here. I'm quite prepared to wait the required time for a spouse visa to come through as it will take me a while to sell my house etc.

I must say though I have gone back and forth to the US for the past few years and never specifically been asked 'what is the purpose of your visit?' I presume this is because it's usually male guards who would rather 'chat me up' than actually do their job! It always surprises me when people say they have had a grilling at POE as this has never been my experience, watch the ond time I bank on this they actually do grill me lol

Noorah101

This is not true. It's perfectly fine to enter the USA on the VWP with the intent to get married. It is not OK to have the intent to remain in the USA and adjust status to permanent resident. Of course the POE officer has the last word, but I'm just saying that having the intent to get married on the VWP does not automatically mean you won't be granted entry.

Rene