nickytuck

Hi guys,

I am currently in America on a visa waiver and me and my girlfriend are starting to talk about engagement. I have been with her for 5 years and done alot of back and forth between England and America. On this current visit I was warned about reentering on a the VWP for a while as Ive been visiting alot.

-My visa expires in 1 month and wondering whats the best way to move forward?
-If I stay beyond the 90 days can we get married this summer and everything be ok with visas etc AS I DONT WANT TO LEAVE HER?
- Whats the best visa to apply for?

Advise needed?

Thank you, Nick

Poppy girl

Hi and great user name

http://britishexpats.com/wiki/Marriage_Based_Green_Card

Do a search as well there is loads on this topic.

Bob

Your on the VWP right? That's not a visa...

If your thinking of staying here now, speak to an immigration lawyer to go over your options and explain the potential pit falls....plenty of threads on the subject too.

nickytuck

Spoke to one last month. He advised us just to marry! Which is not an option as were just not there yet financly or emotionally.

meauxna

Getting married is only half of it. It is required if you DONT WANT TO LEAVE HER.
Where are you at now?

Overstaying on a VWP and doing this is not advised though. The courthouse is for legal marriages, ceremonies are for later.

fatbrit

This is an important deadline! Search the forum for Momeni to find out why. While you're getting acquainted with the search function, try "10-foot pole" to find out why you'll get weird answers in this thread.

meauxna

Or this one which has important links embedded:
VWP Entry and Adjustment of Status: New Decision

fatbrit

That'll do, too!

Added note for the OP.
BTW, you're going to have to get used to the lingo. when you say your visa expires, what you mean is that your I-94W will expire.

nickytuck

I am based in Philadelphia living with her at the moment. I am OK(ish) with the idea of staying beyond the 90 days if it dosnt lead to serious consequences. Would I be able to have relatives come and visit me while I was out of status?

fatbrit

You need to be reading. Probably all night and most of tomorrow.....before you ask any questions.

meauxna

It leads to serious consequences.

nickytuck

such as?

meauxna

I'm not going to retype the thread for you; please read the link and search as fatbrit suggested.
Removal, permanent ban, lots of things etc etc etc

nettlebed

In the worst case, being deported and being barred from ever entering the US again.

PepsiChic

why dont you read the links posted and do a search on the forum?

I want to add this: We have all been in that or a very similar positon. I visited my now husband back and forth for 4 years before we made the decision to get married. we did the K1 route, now married, and i have my green card.

Yes you dont want to leave her, yes you miss her and hate being apart....but immigration is not sympathetic to your case, because everyone else has felt that way too. So you need to suck it up and decide if its worth risking the rest of your life together in the USA, because afteral...thats what your putting on the line!

if you stay over the 90 days, and get deported, you will NEVER be allowed back into the USA again.

If you get married, you have 2 options, go back to the UK before your VWP expires and apply for a CR1 spouse visa, this takes 8-10 months. when you enter the country you get a green card and become a permenant resident.

Or get married, stay in the USA and apply for AOS (adjustment of status, preferably using a good immigration lawyer - if you do this and your AOS application gets rejected, you will be deported and banned from coming back to the USA ever again.

Or leave before your VWP expires, apply for a K1 fiancee visa, which takes 6-8 months, use that to enter the country and get married and file AOS. if the aos application gets denied, you get to appeal it - *all because you used a proper visa to enter on!!!"