Hopeful

I entered the states on a visitors' visa waiver form (from the UK) and
my fiancee (a US citizen) has just sprung on me the surprise that she
wants to actually go get married next week in Vegas. She's booked the
church service, the plane tickets everything - I genuinely had no idea

We were planning to apply for a K1 visa in the next few months (we've
been engaged since January), but she wants to just go for it anyway...

I have some idea that we have to fill in some kind of forms to apply
for me to have legal resident status, but I'm not to sure how to go
about this, or what forms to apply with...

Also I'll assume that Immigration will want information on who I am
etc in addition to what I say on the form (I assume to actually prove
I am who I say I am)... how do they go about checking this, and what
do they check? eg, Do they check my UK bank accounts, tax details
etc... do they do more than this? Or less?

I'm also assuming there'll be an interview of some sort (as there
would be with a normal K1 visa application)... is this correct?

Thanks in advance for any help the group can provide...

John Doe

yes "Hopeful" you can expect any and everything. but no need to worry. All
you need to follow is what the requirements are for I-130 application and if
your marriage is not a sham than you need not worry about anything in that
respect.

But you will have to provide police report of any criminal offences that are
on your record. You will have to provide info about your parents. Her and
yours previous marriages if any.

This following link should help in your situationi..

http://uscis.gov/graphics/howdoi/nieligibility.htm

Good luck and congratulations in advance :)

John


"Hopeful" <[email protected]> wrote in message
news:[email protected]...
    > I entered the states on a visitors' visa waiver form (from the UK) and
    > my fiancee (a US citizen) has just sprung on me the surprise that she
    > wants to actually go get married next week in Vegas. She's booked the
    > church service, the plane tickets everything - I genuinely had no idea
    > We were planning to apply for a K1 visa in the next few months (we've
    > been engaged since January), but she wants to just go for it anyway...
    > I have some idea that we have to fill in some kind of forms to apply
    > for me to have legal resident status, but I'm not to sure how to go
    > about this, or what forms to apply with...
    > Also I'll assume that Immigration will want information on who I am
    > etc in addition to what I say on the form (I assume to actually prove
    > I am who I say I am)... how do they go about checking this, and what
    > do they check? eg, Do they check my UK bank accounts, tax details
    > etc... do they do more than this? Or less?
    > I'm also assuming there'll be an interview of some sort (as there
    > would be with a normal K1 visa application)... is this correct?
    > Thanks in advance for any help the group can provide...

Lebowski

So, you're in the States at the minute under the Visa Waiver, and plan to get married while you're there? Do you plan on staying permanently in the States after you get married? Is that even possible?

Rete

If the entrance to the US was without fraud and the marriage completely spontaneous (which in some respects it isn't because the USC has apparently preplanned it all), he can remain and file at the local district office for his residency. He would need forms I-130, I-485, (2) G-325A's (one for him and one for her), I-131 (Travel), I-765 (Work), I-864 (Affidavit of Support). He will not be able to work or obtain a social security card for a maximum of 90 days and should not travel without the I-131's Advance Parole.

Rete

Lebowski

what constitutes a 'spontaneous marriage'? Surely any marriage has to have some degree of planning?

Also, assuming he gets married and does as you have suggested, ie, filing for residency, what happens to his visa waiver status while all the forms are being processed?

meauxna

Planning this maneuver ahead of time may constitute fraud, which may explain why the OP's USC planned it without his knowledge, to protect him.

After filing, his status becomes "pending adjustment".

Ray

Yes!!! of cause you was surprised!!!! but no doubt you still have a job/property and responsibilties in the UK..

Ray

Not true actually ...those nice young men with the FBI/CIA will do it for you ..

scrubbedexpat099

To be fair nothing was said of when this was arranged, could have been after arrival.

And there is also the possibility of returning and going down the K3 route, not quite sure how you could come here on Holiday and not have to go back to tidy up affairs.

Rete

What needs to be planned? You walk into city hall, apply for a license, get married. No fancy clothes, no formal ceremony, no guests, no reception, no fanfare = spontaneous.

J. J. Farrell

Lebowski <member27514@british_expats.com> wrote in message news:<[email protected] om>...
    >
    > what constitutes a 'spontaneous marriage'?

One that isn't planned in advance, and in particular not in advance
of entering the USA.

    > Surely any marriage has to have some degree of planning?

A few minutes to make plans, an hour or two to complete the process.
Decide to get married over lunch, eat dinner on your honeymoon.

    > Also, assuming he gets married and does as you have suggested, ie,
    > filing for residency, what happens to his visa waiver status while
    > all the forms are being processed?

'Visa Waiver' until the forms are filed, 'pending adjustment' from
then on.

Doolaly17

Please please please, I URGE you to see a lawyer immediately.

You MUST NOT do this without seeking professional help first. If you
make one mistake you could be deported.

For starters, if you are on the visa waiver, to a slighly lesser
extent B2, immigrations will not be happy at all...they way they see
it, you have cheated the system and used a visa waiver, meant for
tourist purposes ONLY to come to the US and get married.

Even with proof of marriage certificates, history of a romantic
relationship (as opposed to a 'mail order' marriage) they are
certainly within their rights to deny you any form of rights to the
US.

It may mean cancellign the wedding, and doing it the formal way, but I
assure you that if things go wrong you will have wished you had taken
the long route!!!

Seek a lawyer now, who specialises in immigration for your type. Make
sure they have the state bar, etc etc.

This is essential.

Doolaly17

I also meant to add that changing your staus whilst on a visa waiver,
aside from a possible deportation, may also get you into serious
trouble with authorities.

The Visa waiver specifically states that you MUST NOT try to change
your status while in the US on this program.

Also, as a side note, and I don't wish to sound rude...but there are
some of us whose relationships depend on the "good-willed" nature of
the visa waiver program. Without it, I would not be allowed to see my
parents nor my fiance, because I have already been denied any other
sort of visa for the US. Please don't start breaking rules for
yourself, because if everyone did this, the visa waiver program would
be halted immediatly, and innocent by standers like myself would be
the ones who suffer.

meauxna

Unless you are an "immediate relative of a U.S. citizen (parent, spouse, or unmarried child under 21."

Rete

There is always one in every crowd.

While it is wrong to commit fraud upon entry to the US, i.e. lying and marrying when the intent to marry was the reason for entry, it is not a criminal act to marry while here and it is not a criminal act to apply for adjustment of status.

You can be denied adjustment if they found you had committed fraud at the POE or if they feel your marriage is not valid.

Note the language on the I-485. It is permitted to apply for adjustment of status if you entered as a tourist with either the B-2 or through the VWP.

Rete