moving to the us
 

hi all,
me and my fiance would like to live in the us. from what we have seen, i can enter under the 90 day vwp, we can get married if we wish and then i can get a green card from there and will be allowed to stay in the us while this is being processed, how true is this?
otherwise we have seen we may have to be apart for 6 months while other visas are processed.

Re: moving to the us
 

If you enter with the intention of marrying a US citizen and applying for AOS but present yourself as a tourist, that is basically fraud, "misrepresentation to gain an immigration benefit". The 30/60 day rule applies on change of intent. 30-60 DAY AOS (ADJUSTMENT OF STATUS) RULE OF “PRECONCEIVED INTENT” - Avvo.com

However, on the VWP it is permitted (and only permitted) to adjust status on the basis of marriage to a US citizen.

Bear in mind you do have to go to an interview with USCIS after applying and they're supposed to ask the question as to what your intent was at the POE.

Re: moving to the us
 

Is your fiancee a US Citizen? Where is she living right now? Where are YOU physically right now?

It is illegal to enter the USA as a tourist if your intent is to remain and adjust status. If you are not currently in the USA, and your fiancee is a USC, you have 2 choices: K1 fiance visa, or get married and then do a spouse Immigrant visa.

Rene

Re: moving to the us
 

thank you so much for this, we are not intending to get married as yet, but are just wondering if this is an option, but say we decide we are ready within the 90 days, can we legally go to city hall, get married and then apply for AOS?

Re: moving to the us
 

Steve, you are correct that is illegal to represent yourself as a tourist if your intent is to adjust status. Period.

It's permitted, but not without harsh consequences if AOS is denied, so the OP needs to be aware of the risk before deciding.

Rene

Re: moving to the us
 

Is your fiancee s USC?

Rene

Re: moving to the us
 

sorry, yes, my fiance is a USC

Re: moving to the us
 

It is possible, as long as that was not your intent when you entered the USA. However, if USCIS thinks you had that intent, your AOS can be denied, and you face a ban from the USA.

Your train of thought is leading ME to think you have this plan in mind already. Especially since you're thread title says "moving", not "visiting".

I assume your fiancee lives in the UK, since you mention "we". Let's say you both come to the USA together and then decide to marry AND stay in the USA. Won't you have jobs, a home, a life back in the UK that you can't just abandon on a whim?

Rene

Re: moving to the us
 

The safest thing is to visit on the VWP, marry, then return home and take the visa application from there.

Re: moving to the us
 

I agree. Or, start the K1 fiancee visa process now. It sounds like the USC lives in the UK, so they wouldn't have to live apart.

Rene

Re: moving to the us
 

Rene, my fiance is currently living in the u.s, while i am here in the uk, so we are apart at the moment and would have to be apart while waiting the visa

Re: moving to the us
 

Thank you for clarifying. Why can you not visit each other during the visa process?

Rene

Re: moving to the us
 

would it be possible for me to visit the us while this paper work is going on?

Re: moving to the us
 

Yes.

Rene

Re: moving to the us
 

ok that's great, how does it go with the married while on esta and then AOS from there? is that legally possible at all?