yankee87

Hi,
I am new to this site and looked through but did not see an answer so I will just ask...

I just got engaged to my boyfriend who is a UK citizen and I am a US citizen. He is coming to visit in September for 2 weeks and we were jokingly chatting about going to Vegas and eloping, this is not a possibilty right? He would not intend to stay afterwards, cause right now our plans are for him to move here with K-1 Visa next summer-2010. Would that be illegal to elope and then have him go home and file for the spousal visa?

Thanks!
Britt

Noorah101

Hi Britt, Welcome to BE.

It's legal to get married while he's here on the VWP, yes. As long as he does not intent to remain here beyond the 90-day VWP limit.

Of course if you get married in Vegas in September, he no longer qualifies for the K-1 visa.

But you can get married in Vegas, have him return to the UK before the 90 days is up, and then do a spouse immigrant visa.

Rene

hobbes79

If the Vegas option is pursued, be sure the boyfriend brings plenty of proof of ties to the UK (mortgage, proof of employment, etc), just in case.

Folinskyinla

Hi:

If you get married in Vegas, and he returns, the path will then for you to file an I-130 [not I-129F] afterwards and then go through the IV process in London. If you want, after you get the receipt for the I-130 you can file an I-129F for a K-3 visa without additional expense. However, given the timing of current process there will probably be little advantage to the K-3 -- but who knows, it might be a good "insurance policy."

yankee87

Thank you so much for all your help!!!
So, there isn't much advantage to doing this?? Does the K-3 visa take longer? Also, will he still be able to visit once we are married on visitor visa while the I-130 is being processed?
Thanks
Britt

meauxna

In most cases now, the K-3 visa is not the better of the 2 options. It has the potential to reunite you in the US about a month sooner than the Immigrant Visa, but at a much higher cost ($$). It also has the potential to slow down your reunion.

There is nothing prohibiting a visit while there is a petition pending (it is legally allowed) but he's subject to all the same entry requirements as ever, so his result will depend on his circumstances, visit history etc.

Noorah101

The biggest advantage of doing the spouse Immigrant Visa over the K-1 Fiance Visa, is that when the spouse enters the USA using the immigrant visa, he becomes a US permanent resident right away (i.e., he gets his "green card" right away), with no further cost, paperwork, and time it takes for filing the Adjustment of Status, as with the K-1 visa.

Rene

lj2

Hey - Am I wrong in thinking that it is illegal to come in with the intention of getting married on the VWP? If it is, the OP should perhaps be told so. If not, then no worries!

Noorah101

You are wrong. It is perfectly legal to come to the USA on the VWP with the intention of getting married. They must also intend to leave before the 90 day VWP is up, and pursue the Immigrant Visa from abroad.

It is illegal to enter the USA on the VWP with the intention of getting married and staying in the USA to adjust status to permanent resident.

Rene

yankee87

Thank you all so much!! You are all so helpful and have given me alot to think about!!
Many thanks!!!
Britt