elbee

My american partner and i have discussed marriage and I hope to move out to US later this year. I have also spoken to an attorney there who has given me the basics on 'how you do it'. She advised going in on the visa waiver, staying until i'm 'out of status', married and then filing the petition for the green card and work etc.
I have been reading horror stories online about the immigration interview and have scared myself.
I know there are tonnes of questions and she advised 99% are generic and are about your living arrangements and sharing your life together.

I am concerned that: my fiance has not met my family nor has he been to the UK - this is because they are not really that interested, our relationship has become strained. He cannot afford the flight ticket here.

The attorney suggested we take travel itineraries with both our names on - we have not been able to afford trips together yet, but I have my flight tickets when I went over there.

My fiance does not earn a huge amount but i am able to get a co sponsor, is that going to be ok?

We are going to get things like joint bank account and my name on the rent agreement when I move out there.

We may just be renting a room from a friend at first, is that going to be ok?

I'm hoping i'm just over worrying about small details, any info would be very much appreciated. My attorney seems reluctant to give out any info until i'm there

Saito

Your attorney doesn't seem very well informed from what I read. First, asking you to wait until you are out of status to file for AOS sounds like a very dangerous thing to me. But, more importantly, arriving to the US in a visa waiver with the intent of immigrating is a fraud on the Visa Waiver program. And when you arrive to the U.S. you will be asked if you intend to immigrate at the POE, and you will be refused unless you lie. Lying to immigration officers is not your best first step in the USA.

The VWP router to AOS is expensive, stressful, and above all, not legal if you arrive with the intent to stay. It exists to allow people that arrived to the US with no intent to stay to file for AOS if they have to stay for some reason.

Your best option is to file for a marriage visa, and come to the US knowing you have done everything the right way and legally. It will unfortunately take several months (around 6 if I read correctly the speed of the process lately - please correct me if I'm wrong).

Noorah101

The attorney is encouraging you to break the law. It is illegal to use the VWP with the intent to marry in the USA and remain in the USA to adjust status to permanent resident.

You will need to do the K-1 fiance visa.

If your USC fiance does not earn enough, he can use a Joint Sponsor, but the joint sponsor must be a USC or US PR, 18 or over, and living in the USA. You cannot be the joint sponsor.

Read our Wiki Guide on the K-1 fiance visa, and come back with any quesitons. I highly advise you NOT to do what this attorney has suggested.

Best Wishes,
Rene

Bill_S

Are you SURE that's what your lawyer recommended?

Are you SURE she's a lawyer, and not a consultant, notario, etc?

I'm NOT a lawyer, but it sounds like you received extremely poor advice. Search this site for information on the K1 fiancee visa - that's a much better path.

Bluegrass Lass

So let me get this straight. You are currently in the UK, your boyfriend is in the US. I assume you have actually met in person and that he is a US citizen? The lawyer you have consulted has told you to come over on the VWP, marry your boyfriend, and then go through the Adjustment of Status process to get your Permanent Residency?

What your lawyer has proposed is pretty much illegal. It is illegal under US immigration law to enter the US on the Visa Waiver Programme with the intention to remain in the US. This is referred to as immigration fraud. I won't deny that people do it all the time, and they do get away with it. However, it has become known that recently USCIS has been cracking down on people who do just what you propose.

So you have to ask yourself one question: do you feel lucky?

If you do not feel lucky, then you need to do one of two options:
1) The K1 fiance visa process. There is a wiki on the forum that explains the process. It's highly unlikely you'd be making that permanent move to the US this year, as it takes about 6-8 months for the visa process.

2) The Spousal Immigrant Visa option. You would enter on the VWP, marry your US citizen boyfriend, and then leave the country before your 90 days are up. Your husband then starts the I-130 Immigrant Visa process, which currently takes about 8-10months. Once the visa is approved, you enter the US and you are a Permanent Resident. There is also a wiki here that explains this process.

If you decide you do feel lucky, understand one thing: when you enter on the VWP you waive all your rights to an appeal. So if you marry, and file Adjstment of Status, and USCIS deems that you committed immigration fraud, they will deport you and ban you from the US for a period of time. You have no right to appeal this decision since you waived your right of appeal when entering on the VWP.

elbee

Yes she is an attorney and she has advised that she has files hundreds of petitions this way and been successful.

PepsiChic

Im not sure if you mean "partner" as in same sex relationship or not? Im also not sure if that makes a difference to visas - will have to research this.

you can get married in 1 of two ways really, you can get your USC to file a I-129F petition and follow the K-1 Fiancee Visa route, where you apply for a visa while your in the uk, go the usa, and then get married. this can take 7-10 months.

or, you go over on the Visa Wavier, get married, come back and apply for a spouse visa which i think is a CR-1 or IR-1 (someone who did this can give you better info on it).

Its illegal to go to the USA with the intent to remain without the correct visa. So you cannot go to USA on a visa wavier, get married and stay, you have to return to the UK to get your visa to go back and live there.

As for evidence of relationship,it doesnt matter if he hasnt flown to the uk and seen you here, as long as you have met (i think its gotta be in the last 2 years)

get copies of your flight itineraries, boarding passes, photographs of you both together, letters from friends and his family saying they've met you both together as a couple. hotel receipts.

If your planning on marrying there then getting the visa,evidence can include booking confirmations for the wedding venue, reception, receipts for the rings, flowers, cake etc Copies of the invitations. photos of the wedding (make sure photos are of you both together) (dont travel outside the USA for a honeymoon). Get joint car insurance, health insurance,bank accounts etc

If your planning on the K-1 visa route, then intent to marry letter with rough details on what you are hopefully planning on doing for the wedding (ie. what month you hope to marry in, what state, what guests etc)

As for renting a room at your friends, gett him/her to write up some kinda contract or notarized statement about you and your fiance living there together, for how long, how much etc.

Whether you do the spouse of fiance visa you will need an Affidavit of support, your fiance will be the petitioner i believe however if he does not meet the 125% poverty guideline you can have a joint sponsor which can be friend or family who is a US citizen and makes the required amount.

The interview isnt as scary as it sounds, the questions are just to make sure that you are in a real relationship (ie. not marrying just to get a green card)

Have a look at the Wiki entries on the types of visa, the links are at the top of the page.

Bluegrass Lass

Well, there has been at least one (and possibly 2) members of this forum who entered on the VWP, and did just what the lawyer proposed, and were subsequently deported and banned from the US. So, I repeat: do you feel lucky?

Oh, and if you want to read up to get more info, what the lawyer is recommending is often called the "ten foot pole" question on this forum. I suggest you do a search for 'ten foot pole' and read the threads that come up.

elbee

Its not a same sex relationship as they are illegal in the state im moving to.

My friends parents have offered to be my co sponsor as my fiance doesnt earn enough I dont think.

I will speak again to the attorney to ask her about entering the USA.
When you say get letters from friends and his family saying they have met us as a couple, do you mean get general statements from them? Or letters as if they are writing to us as a couple?

Thanks for your help, some ofthe stories I have read have been awful, i've heard about people being watched and everything

elbee

I'm not disagreeing with you, i'm just stating what i know and what I have been advised

Noorah101

I'm sure she has, but that doesn't make it legal.

PepsiChic

I mean general statements saying that they have met you together as a couple with dates, and places on it, not letters to you.

As everyone here has said numerous times already, it is very much illegal to enter the USA to stay there and adjust status on the visa wavier, you must first get a visa to do so. My suggestion would be to do the K-1 route. so start reading on that. Read the wiki entry, and also do a search in this forum for K1 visas.

elbee

I have looked into getting visas before travel and looked at us marrying here in the UK and going the other way. Either way we still have to the immigration interview and that is scaring me more at the moment

Bluegrass Lass

Pepsi is giving you advice on pieces of evidence that could help for the K1 fiance visa process. For the K1, you have to provide a Statement of Intent from you and your b/f that you intend to get married w/in 90 days of entering on the K1 visa. You can also include a letter from friends/family that met with you both on certain dates, times, etc and that they can attest to you being a legitimate couple.

Anyone that is a US Legal Permanent Resident or US Citizen that is at leat 18 years old can be your joint sponsor, as long as they meet the income requirement for their household size - as spelled out in the I-864.

Noorah101

What scares you about the visa process? Even if you come on the VWP and stay in the USA, you're still dealing with Immigration, paperwork, etc....and on top of that, you will have done it the illegal way.

What specifically scares you about applying for the correct visa?

Rene