leanneandjunior

My understanding here is this:
1. A UK Citizen can visit the USA on the visa waiver program, get married,
and return to the U.K without any problem. At this stage there are no
adjustment of stay filed for the U.K citizen.

2. U.S. Citizen can then file a petition for the U.K. citizen to get permanent
resident while the U.K. Citizen is still in the U.K

3. Step 2 above will take about 8months to 1 year. However, while step 2
(above) is in progress, the U.K. Citizen can visit the U.S. on visa waiver to
visit?

Please confirm if step 3 above is possible?

Noorah101

Correct.

No, the US Citizen will file a petition for the UK citizen to get an immigrant visa while the UK citizen is still in the UK. The UK citizen becomes a permanent resident upon entry to the USA using that immigrant visa.

Correct on the time frame, and yes, the UK citizen can visit the USA on the VWP during the process, as long as he qualifies for using the VWP (no prior overstays, etc).

Rene

Bob

Pretty much...though coming for a visit after he's married, he'll have to bring plenty of proof that he doesn't intend to stay and AOS on that visit such as job, mortgage etc to show ties to the UK or he might get bounced at POE.

Same situation if you go down the K1 fiance visa.

Rete

I would amend to that read, if you are planning on marrying while having entered under the VWP, please seek the advice of an immigration attorney BEFORE you take your vows.

Find all you can before doing the deed and make an educated decision based on acknowledge rather than going off half-cocked and shooting yourself in the foot.

While others have done this successfully, you might not be one of the ones. Hence the caution to seek advice first and marriage second.

Manc

blah blah blah.

everyone knows but are just too shit scared to say it is possible to to adjust status on VWP.

Noorah101

Of course it's possible, we're not saying it isn't. But it's meant for people who come here on vacation, with no intention of remaining in the USA, even better if they have NO USC girlfriend/boyfriend, and spontaneously meet someone and decide to get married. The OP is wondering if it's OK to use the VWP to enter the USA in order to marry and remain to AOS. No, that's not OK.

The way you are presenting it, it sounds like an option to plan it that way (even if you don't have that intention to mean it, it does sound that way), and it's not. People do it and get away with it, yes, but it doesn't make it the right option.

Rene

Manc

The way I am presenting it is that you go see an attorney.
And he will tell you how to proceed.

Noorah101

Right, and it's best to do this *before* marriage, so you can prevent being separated after marriage if that's what the lawyer suggests. Some people might be devestated to have to suddenly leave their newlywed spouse within a day or two.

Rene

Rete

And I'm just switching your order of marriage and then consultation to:

consultation and then the marriage.

I believe it is better to make an informed immigration decision on when, where and how to marry so that you can decide if you can adjust status without them leaving, or if you will be married and apart for 8 to 12 months or if you will be engaged and apart for 4 to 6 months.

Manc

before or after marriage who cares?

It is not illegal to get married on the VWP
FACT

it is not illegal to seek immigration advice either before or after marriage
FACT

the immigration attorney will present ALL the options before or after the marriage.
whether or not you like ALL the options being discussed here.

despite what you all may think or allude to as otherwise, nothing I have said on this thread so far has been false.

Noorah101

Who cares? Well, the newlywed couple might care a lot, if they suddenly realize that the spouse has to leave the next day on his/her 89th day of the VWP, and now they are married. It might not have worried you, but it could be bothersome to others. They just got married, want to start their life together, and now one has to leave for many months. It would be better to know this ahead of time so they can decide whether to get married or not. Maybe they prefer being apart many months as an engaged couple instead of married.

We never said it was illegal to get married on the VWP.

This is true, too. But if they seek advice before marriage, they will have more options open to them, since the K-1 would be out the door if they're already married.

This is true, the attorney will present all the options either way. It's just that one option (the K-1) is ruled out if they are already married.

Rene

Manc

but my intial point was IF they get married on the VWP

my point wasn't when is the best time to see an immigration attorney. You're changing the arguement to suit your own ends.

Noorah101

OK, IF they go see an immigration attorney *after* they get married at any point during the VWP stay, and IF the attorney says he can't stay and adjust status, THEN the newlywed couple will be disappointed having to spend time apart after just having gotten married. IF they knew ahead of time, *before* getting married, whether he would have to go back home or not, it MIGHT change their mind about getting married at all at this particular time.

I'm just saying it's better to get the professional advice before getting married, you're saying it doesn't matter when.

Whatever.

Rene

meauxna

And what IF they read this and think it's OK to arrive on the VWP with their belongings, assured that they will be able to get married and then see that lawyer, but never get in the door in the first place. Would they be disappointed then?

leanneandjunior

To set the record straight Junior and I came to this site to research and ask what needs to be done... we will do anything needed to make sure that it is all done in a legal way... we do not wish for anything to come back in the long run and bite us in the butt... we just wish to hear correct advice and be happy as we are now.... we understand this is going to be a process we both will have to go through that may take a while... But our love can go through it no matter what hills we must climb to achieve or goals we have planned... For now we will be content with our daily minium of 3 calls a day and our zillion text messages and emails... along with our often visits to each other... Nothing said on here can steer us wrong or get our hopes up like i said this is for our research and advice... and as Junior and I have discussed we appreciate all the replies to our thread.


thank you again LeAnne & Junior