Crackles7

I have been dating a US citizen for a year now. I came to visit her last March in Philadelphia, then she came to England for 2 weeks in May, then again for four months in July and now I am here under the VWP until March.
She is currently going through a divorce and awaiting final settlement on paperwork. We plan to marry, however, both countries laws are very confusing and looking for someone to help make it easier to understand.

Once divorced, can we just marry here in PA? I was told by someone that the longer you wait on the VWP the better it looks to immigration that you came here w/o the intent to marry and change status. She said all I need to marry is my passport. Does anyone know if this is accurate information? Any suggestions or knowledge on how to go about marrying one another and me staying on in the US would be greatly appreciated.

Thank you.

Poppy girl

http://britishexpats.com/wiki/Marriage_Based_Green_Card

Crackles7

I've read many websites which state the 2 year rule about meeting prior to marriage, however, isn't there a way around this? Is there anyone out there that can explain the process in much easier terms that the websites I've visited countless times?

henryh

The "two year rule" is that you must have met at least once in the past two years. You do not have to have known each other for two years.

Research "VWP Express" and "Ten foot pole", people here will tell you not to try it - the other way takes longer but carries less risk. Your decision to make.

Noorah101

Crackles,

Maybe a mod will move your post to the Marriage-based visa section where it belongs.

You are currently in the USA on the VWP, correct? If her divorce comes through before your time here is up, then yes, you can get married while you are here. If not, then DO NOT OVERSTAY. Don't stay past your authorized 90 days here.

You basically have 2 ways to immigrate to the USA:

1. K-1 fiance visa: The USC files an I-129F petition on your behalf. It takes about 6 to 8 months to get your K-1 visa, and then you can move permanently to the USA and must marry her within 90 days. Then you do more paperwork to apply for your green card.

2. Immigrant Visa: If you are able to marry on your current VWP stay, then do so. After marriage, the USC files form I-130 to start your spouse immigrant visa process. It takes about 8 to 10 months to get your visa in hand, at which time you can move permanently to the USA. You get your green card when you enter the USA using that visa.

If you want to overstay this VWP visit and adjust your status without leaving the USA, you should have a consultation with an immigration attorney immediately. There are severe consequences if your AOS is not approved, if the officer thinks you had immigrant intent when you came here. It is RISKY and not advisable.

Rene

Crackles7

Yes I am currently on VWP. So it would take that long even if we married while I was here on this stay? I don't plan on staying past my 90 days, but does that mean I would have to go home for 8-10 months?

Noorah101

Yes, it takes that long even if you marry here on this stay. You would still be allowed to visit again during the visa processing time, if you have strong enough ties to your home country to show at the POE in case asked.

Rene

Crackles7

Thank you for your information. May I ask how you have come by your information? Is this through personal experience or legal advice? Some of the sites state once married you can change status as well as an immigration attorney that I contacted via the web.
I consider myself intelligent enough but to be honest all of the website's seem to say different things etc.

Is there no way or exception to marry here while on my VWP and then change status while here as opposed to leaving the country?

Noorah101

Combination of personal experience (with the K-1 fiance visa), reading posts on this forum, reading official websites of USCIS, DOS, various US Embassies, and having a consultation myself with an immigration attorney when I first started my own process. I am a layman, though, so for legal advice you should consult an attorney.

Yes, there is a way, but it has its risks. In my other post, I noted that you should consult with an attorney to discuss this route, as it has severe consequences if it doesn't go well and your adjustment is denied. A lot will depend on what was said at the POE by you and the POE officer, what your intent was when you entered the USA on this particular VWP visit, and what the adjusment officer THINKS your intent was on this VWP visit.

Someone else suggested doing a search for the terms "ten foot pole" and "VWP express" on this forum right here....you should do that.

Rene

ian-mstm

Both. Almost everyone here has been through the immigration process... some with lawyers and some without.


If you marry on the VWP and stay to adjust your status, and you are denied, there is absolutely nothing whatsoever you can do about it. You signed away any rights you might have had when you signed the green I-94W. So... what's your tolerance for risk? When things go wrong, they go very horribly wrong... and there is nothing you can do about it.

And yes... it can and does happen.


If there was a legal way, we would tell you.

Ian

nettlebed

No legal way.

Crackles7

Thanks,
I tried to google both the "ten foot pole" and the "VWP express" but nothing came up. Are there specific websites, search engines etc as I have never heard of either so have totally no inclination what either involves,

nettlebed

Don't use google. Search this site (i.e. British Expats). The search button is in the pink menubar under the blue menubar.

Manc

yes there is.

Manc

then a good proportion of us are illegal.