A beginner's question re: Green Card through marriage
Aug 19th 2009, 8:54 pm
#1
Just Joined
Thread Starter
Joined: Aug 2009
Posts: 24
A beginner's question re: Green Card through marriage
Hi everyone!
So, I will try to make this short! My boyfriend is British and I am American. We’ve been together for over a year and a half now and we want to get married and for him to move here. We finally met with an immigration lawyer today and he told us the best way to do it is by Green Card through marriage. One thing we are stuck on is that he told us we have to wait 90 days in order to get married, then we can apply. However, after that 90 days, he’s out of status on his Traveler’s Visa. The lawyer assured us that would not be a problem at all but we’re of course worried that this could seriously hinder our chances if immigration goes back and sees that 1, he told immigration he was just visiting friends and we wind up getting married, and 2, that he was here longer than is legal.
If anyone could shed some light on this for me, I would really appreciate it. We left that appointment feeling more confused than ever.
Also…he dissuaded us from getting a Fiance Visa because he said you basically have to apply twice, once for that Visa and then again for another one when we do get married, so it would take a lot of extra time and money.
Sorry if all these questions have been asked before and thanks for your patience!
So, I will try to make this short! My boyfriend is British and I am American. We’ve been together for over a year and a half now and we want to get married and for him to move here. We finally met with an immigration lawyer today and he told us the best way to do it is by Green Card through marriage. One thing we are stuck on is that he told us we have to wait 90 days in order to get married, then we can apply. However, after that 90 days, he’s out of status on his Traveler’s Visa. The lawyer assured us that would not be a problem at all but we’re of course worried that this could seriously hinder our chances if immigration goes back and sees that 1, he told immigration he was just visiting friends and we wind up getting married, and 2, that he was here longer than is legal.
If anyone could shed some light on this for me, I would really appreciate it. We left that appointment feeling more confused than ever.
Also…he dissuaded us from getting a Fiance Visa because he said you basically have to apply twice, once for that Visa and then again for another one when we do get married, so it would take a lot of extra time and money.
Sorry if all these questions have been asked before and thanks for your patience!
Aug 19th 2009, 9:02 pm
#2
Ping-ponger
Joined: Jul 2002
Location: Dreich Alba
Posts: 12,005
Re: A beginner's question re: Green Card through marriage
Hi everyone!
So, I will try to make this short! My boyfriend is British and I am American. We’ve been together for over a year and a half now and we want to get married and for him to move here. We finally met with an immigration lawyer today and he told us the best way to do it is by Green Card through marriage. One thing we are stuck on is that he told us we have to wait 90 days in order to get married, then we can apply. However, after that 90 days, he’s out of status on his Traveler’s Visa. The lawyer assured us that would not be a problem at all but we’re of course worried that this could seriously hinder our chances if immigration goes back and sees that 1, he told immigration he was just visiting friends and we wind up getting married, and 2, that he was here longer than is legal.
If anyone could shed some light on this for me, I would really appreciate it. We left that appointment feeling more confused than ever.
Also…he dissuaded us from getting a Fiance Visa because he said you basically have to apply twice, once for that Visa and then again for another one when we do get married, so it would take a lot of extra time and money.
Sorry if all these questions have been asked before and thanks for your patience!
So, I will try to make this short! My boyfriend is British and I am American. We’ve been together for over a year and a half now and we want to get married and for him to move here. We finally met with an immigration lawyer today and he told us the best way to do it is by Green Card through marriage. One thing we are stuck on is that he told us we have to wait 90 days in order to get married, then we can apply. However, after that 90 days, he’s out of status on his Traveler’s Visa. The lawyer assured us that would not be a problem at all but we’re of course worried that this could seriously hinder our chances if immigration goes back and sees that 1, he told immigration he was just visiting friends and we wind up getting married, and 2, that he was here longer than is legal.
If anyone could shed some light on this for me, I would really appreciate it. We left that appointment feeling more confused than ever.
Also…he dissuaded us from getting a Fiance Visa because he said you basically have to apply twice, once for that Visa and then again for another one when we do get married, so it would take a lot of extra time and money.
Sorry if all these questions have been asked before and thanks for your patience!
Aug 19th 2009, 9:06 pm
#3
Just Joined
Thread Starter
Joined: Aug 2009
Posts: 24
Re: A beginner's question re: Green Card through marriage
Thanks very much. I will ask to have it moved. 
Aug 19th 2009, 9:22 pm
#4
BE Enthusiast
Joined: Feb 2009
Location: St Pete, FL
Posts: 346
Re: A beginner's question re: Green Card through marriage
Hi and welcome.
Let me start by suggesting you check out www.visajourney.com. It is totally invaluable source of information dedicated to marriage based visas. There are a ton of resources and a discussion forum.
If I am right in assuming that he is in the UK still and you are in the US then if he comes over on the VWP as a visitor with the intention of marrying you and staying (applying for Green Card) he will be committing Visa fraud and while many immigration lawyers can get you through it they cost a lot of money and you put his Green Card application at risk of denial by USCIS. Therefore you will have to move to the UK to be with him or you relationship and marriage will become forcibly long distance.
Not sure why a lawyer would suggest this apparently illegal route other than the fact you WILL need his services to fight the case later on. Not sure why he said you would have to wait 90 days after his arrival to get married as that compounds the issue by making him illegally overstaying his visa before you even bring the marriage situation in to it (you might be confusing it with the 90 day rule for K1 marriages...see below).
If he comes out on the VWP and you get married he should then leave the US before the VW time limit expires (90 days or the date stamped in his passport...whichever is sooner) and you should start an application for a spousal visa. When he gets it he can come back as a permanent resident.
I came here via a K1 visa last July. My wife and I met, got to know each other when I visited for 90 days to test the water. Before I went home we got engaged and filed a fiance visa to USCIS in Jan 08. It was approved in 5 months and I was back in the US with a K1 in hand by Jul 08. We had to get married within 90 days of my arrival and I was then legally eligible to adjust status to Green Card holder. By Dec 08 I had work authorization (although I can't find any work) and by Feb 09 I had my conditional Green Card.
I strongly recommend doing it the legal way. No immigration lawyers needed unless you case is complex and it if fairly quick. You can get married and never have to be apart again. It worked for my wife and I. In hindsight we wouldn't have done it any other way.
Let me start by suggesting you check out www.visajourney.com. It is totally invaluable source of information dedicated to marriage based visas. There are a ton of resources and a discussion forum.
If I am right in assuming that he is in the UK still and you are in the US then if he comes over on the VWP as a visitor with the intention of marrying you and staying (applying for Green Card) he will be committing Visa fraud and while many immigration lawyers can get you through it they cost a lot of money and you put his Green Card application at risk of denial by USCIS. Therefore you will have to move to the UK to be with him or you relationship and marriage will become forcibly long distance.
Not sure why a lawyer would suggest this apparently illegal route other than the fact you WILL need his services to fight the case later on. Not sure why he said you would have to wait 90 days after his arrival to get married as that compounds the issue by making him illegally overstaying his visa before you even bring the marriage situation in to it (you might be confusing it with the 90 day rule for K1 marriages...see below).If he comes out on the VWP and you get married he should then leave the US before the VW time limit expires (90 days or the date stamped in his passport...whichever is sooner) and you should start an application for a spousal visa. When he gets it he can come back as a permanent resident.
I came here via a K1 visa last July. My wife and I met, got to know each other when I visited for 90 days to test the water. Before I went home we got engaged and filed a fiance visa to USCIS in Jan 08. It was approved in 5 months and I was back in the US with a K1 in hand by Jul 08. We had to get married within 90 days of my arrival and I was then legally eligible to adjust status to Green Card holder. By Dec 08 I had work authorization (although I can't find any work) and by Feb 09 I had my conditional Green Card.
I strongly recommend doing it the legal way. No immigration lawyers needed unless you case is complex and it if fairly quick. You can get married and never have to be apart again. It worked for my wife and I. In hindsight we wouldn't have done it any other way.
Last edited by WARPed; Aug 19th 2009 at 9:29 pm.
Aug 19th 2009, 9:30 pm
#5
Septicity
Joined: May 2004
Posts: 23,762
Re: A beginner's question re: Green Card through marriage
The questions have been asked before and are generally tagged with the phrase "10-foot pole". Suggest you use it as your search term on this forum to discover the can of worms you've inadvertently opened.
Aug 19th 2009, 9:30 pm
#6
Septicity
Joined: May 2004
Posts: 23,762
Re: A beginner's question re: Green Card through marriage
Let me start by suggesting you check out www.visajourney.com. It is totally invaluable source of information dedicated to marriage based visas. There are a ton of resources and a discussion forum.
Aug 19th 2009, 9:35 pm
#7
BE Enthusiast
Joined: Feb 2009
Location: St Pete, FL
Posts: 346
Re: A beginner's question re: Green Card through marriage
No idea TBH. I'm sure it is as good as the rest of this site (which is awesome).
I'd never used BE until I got to the US and actually become an Expat and in truth I've not looked at the marriage forum much since joining. Just sharing a free resource with the lady that I know will be of valuable help to her.
I'd never used BE until I got to the US and actually become an Expat and in truth I've not looked at the marriage forum much since joining. Just sharing a free resource with the lady that I know will be of valuable help to her.
Last edited by WARPed; Aug 19th 2009 at 9:42 pm.
Aug 19th 2009, 10:14 pm
#8
Just Joined
Thread Starter
Joined: Aug 2009
Posts: 24
Re: A beginner's question re: Green Card through marriage
double post.
Last edited by Wenchy; Aug 19th 2009 at 11:12 pm.
Aug 19th 2009, 10:22 pm
#9
Just Joined
Thread Starter
Joined: Aug 2009
Posts: 24
Re: A beginner's question re: Green Card through marriage
Hi and welcome.
Let me start by suggesting you check out www.visajourney.com. It is totally invaluable source of information dedicated to marriage based visas. There are a ton of resources and a discussion forum.
If I am right in assuming that he is in the UK still and you are in the US then if he comes over on the VWP as a visitor with the intention of marrying you and staying (applying for Green Card) he will be committing Visa fraud and while many immigration lawyers can get you through it they cost a lot of money and you put his Green Card application at risk of denial by USCIS. Therefore you will have to move to the UK to be with him or you relationship and marriage will become forcibly long distance. Not sure why a lawyer would suggest this apparently illegal route other than the fact you WILL need his services to fight the case later on. Not sure why he said you would have to wait 90 days after his arrival to get married as that compounds the issue by making him illegally overstaying his visa before you even bring the marriage situation in to it (you might be confusing it with the 90 day rule for K1 marriages...see below).
If he comes out on the VWP and you get married he should then leave the US before the VW time limit expires (90 days or the date stamped in his passport...whichever is sooner) and you should start an application for a spousal visa. When he gets it he can come back as a permanent resident.
I came here via a K1 visa last July. My wife and I met, got to know each other when I visited for 90 days to test the water. Before I went home we got engaged and filed a fiance visa to USCIS in Jan 08. It was approved in 5 months and I was back in the US with a K1 in hand by Jul 08. We had to get married within 90 days of my arrival and I was then legally eligible to adjust status to Green Card holder. By Dec 08 I had work authorization (although I can't find any work) and by Feb 09 I had my conditional Green Card.
I strongly recommend doing it the legal way. No immigration lawyers needed unless you case is complex and it if fairly quick. You can get married and never have to be apart again. It worked for my wife and I. In hindsight we wouldn't have done it any other way.
Let me start by suggesting you check out www.visajourney.com. It is totally invaluable source of information dedicated to marriage based visas. There are a ton of resources and a discussion forum.
If I am right in assuming that he is in the UK still and you are in the US then if he comes over on the VWP as a visitor with the intention of marrying you and staying (applying for Green Card) he will be committing Visa fraud and while many immigration lawyers can get you through it they cost a lot of money and you put his Green Card application at risk of denial by USCIS. Therefore you will have to move to the UK to be with him or you relationship and marriage will become forcibly long distance.
Not sure why a lawyer would suggest this apparently illegal route other than the fact you WILL need his services to fight the case later on. Not sure why he said you would have to wait 90 days after his arrival to get married as that compounds the issue by making him illegally overstaying his visa before you even bring the marriage situation in to it (you might be confusing it with the 90 day rule for K1 marriages...see below).If he comes out on the VWP and you get married he should then leave the US before the VW time limit expires (90 days or the date stamped in his passport...whichever is sooner) and you should start an application for a spousal visa. When he gets it he can come back as a permanent resident.
I came here via a K1 visa last July. My wife and I met, got to know each other when I visited for 90 days to test the water. Before I went home we got engaged and filed a fiance visa to USCIS in Jan 08. It was approved in 5 months and I was back in the US with a K1 in hand by Jul 08. We had to get married within 90 days of my arrival and I was then legally eligible to adjust status to Green Card holder. By Dec 08 I had work authorization (although I can't find any work) and by Feb 09 I had my conditional Green Card.
I strongly recommend doing it the legal way. No immigration lawyers needed unless you case is complex and it if fairly quick. You can get married and never have to be apart again. It worked for my wife and I. In hindsight we wouldn't have done it any other way.
Regarding what you said about us getting married and then him going home to file for a spousal visa - the lawyer today told us that once we get married, he is not allowed to leave the country until the green card process is over. Is that not true, as well?
He also dissuaded us from doing the fiance visa as he said we would essentially have to apply and pay twice: apply for that visa, then apply again for the green card or spousal visa (can't remember which one he said).
After reading your post, I think we just need to look into the fiance one.
Thanks so much again, it really helped.
Aug 19th 2009, 11:09 pm
#10
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: A beginner's question re: Green Card through marriage
Hi everyone!
So, I will try to make this short! My boyfriend is British and I am American. We’ve been together for over a year and a half now and we want to get married and for him to move here. We finally met with an immigration lawyer today and he told us the best way to do it is by Green Card through marriage. One thing we are stuck on is that he told us we have to wait 90 days in order to get married, then we can apply. However, after that 90 days, he’s out of status on his Traveler’s Visa. The lawyer assured us that would not be a problem at all but we’re of course worried that this could seriously hinder our chances if immigration goes back and sees that 1, he told immigration he was just visiting friends and we wind up getting married, and 2, that he was here longer than is legal.
If anyone could shed some light on this for me, I would really appreciate it. We left that appointment feeling more confused than ever.
Also…he dissuaded us from getting a Fiance Visa because he said you basically have to apply twice, once for that Visa and then again for another one when we do get married, so it would take a lot of extra time and money.
Sorry if all these questions have been asked before and thanks for your patience!
So, I will try to make this short! My boyfriend is British and I am American. We’ve been together for over a year and a half now and we want to get married and for him to move here. We finally met with an immigration lawyer today and he told us the best way to do it is by Green Card through marriage. One thing we are stuck on is that he told us we have to wait 90 days in order to get married, then we can apply. However, after that 90 days, he’s out of status on his Traveler’s Visa. The lawyer assured us that would not be a problem at all but we’re of course worried that this could seriously hinder our chances if immigration goes back and sees that 1, he told immigration he was just visiting friends and we wind up getting married, and 2, that he was here longer than is legal.
If anyone could shed some light on this for me, I would really appreciate it. We left that appointment feeling more confused than ever.
Also…he dissuaded us from getting a Fiance Visa because he said you basically have to apply twice, once for that Visa and then again for another one when we do get married, so it would take a lot of extra time and money.
Sorry if all these questions have been asked before and thanks for your patience!
Don't listen to this lawyer you spoke with. What he is suggesting is illegal. Do the K-1 visa if you want your man to be able to stay in the USA with you after you get married.
If you want to get married first, and then have him move permanently to the USA, you can look into the CR-1 Immigrant Visa as well.
Best Wishes,
Rene
Aug 19th 2009, 11:11 pm
#11
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: A beginner's question re: Green Card through marriage
Hi everyone!
So, I will try to make this short! My boyfriend is British and I am American. We’ve been together for over a year and a half now and we want to get married and for him to move here. We finally met with an immigration lawyer today and he told us the best way to do it is by Green Card through marriage. One thing we are stuck on is that he told us we have to wait 90 days in order to get married, then we can apply. However, after that 90 days, he’s out of status on his Traveler’s Visa. The lawyer assured us that would not be a problem at all but we’re of course worried that this could seriously hinder our chances if immigration goes back and sees that 1, he told immigration he was just visiting friends and we wind up getting married, and 2, that he was here longer than is legal.
If anyone could shed some light on this for me, I would really appreciate it. We left that appointment feeling more confused than ever.
Also…he dissuaded us from getting a Fiance Visa because he said you basically have to apply twice, once for that Visa and then again for another one when we do get married, so it would take a lot of extra time and money.
Sorry if all these questions have been asked before and thanks for your patience!
So, I will try to make this short! My boyfriend is British and I am American. We’ve been together for over a year and a half now and we want to get married and for him to move here. We finally met with an immigration lawyer today and he told us the best way to do it is by Green Card through marriage. One thing we are stuck on is that he told us we have to wait 90 days in order to get married, then we can apply. However, after that 90 days, he’s out of status on his Traveler’s Visa. The lawyer assured us that would not be a problem at all but we’re of course worried that this could seriously hinder our chances if immigration goes back and sees that 1, he told immigration he was just visiting friends and we wind up getting married, and 2, that he was here longer than is legal.
If anyone could shed some light on this for me, I would really appreciate it. We left that appointment feeling more confused than ever.
Also…he dissuaded us from getting a Fiance Visa because he said you basically have to apply twice, once for that Visa and then again for another one when we do get married, so it would take a lot of extra time and money.
Sorry if all these questions have been asked before and thanks for your patience!
What??? Did you really consult with a "lawyer?" Licensed, member of the bar?
Assuming it was an actual lawyer [not a consultant, broker, notary, notario etc etc] how long has this person been admitted to the bar?
Get a second opinion.
Aug 19th 2009, 11:13 pm
#12
Joined: Apr 2002
Posts: 35,082
Re: A beginner's question re: Green Card through marriage
Just to be clear, both parties are in the US right now?
Did the UKC enter with an actual visa, or on the Visa Waiver Program?
Did the UKC enter with an actual visa, or on the Visa Waiver Program?
Aug 19th 2009, 11:14 pm
#13
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: A beginner's question re: Green Card through marriage
Hi and Welcome to BE.
Don't listen to this lawyer you spoke with. What he is suggesting is illegal. Do the K-1 visa if you want your man to be able to stay in the USA with you after you get married.
If you want to get married first, and then have him move permanently to the USA, you can look into the CR-1 Immigrant Visa as well.
Best Wishes,
Rene
Don't listen to this lawyer you spoke with. What he is suggesting is illegal. Do the K-1 visa if you want your man to be able to stay in the USA with you after you get married.
If you want to get married first, and then have him move permanently to the USA, you can look into the CR-1 Immigrant Visa as well.
Best Wishes,
Rene
Re-read OP's post. There is what appears to be a strategic use of the word "we." I don't know if she meant just "I" in the physical sense. I am quite uncertain as to who is where.
Until that is clarified, your advice may also not be the best way. I don't know what is best.
Aug 19th 2009, 11:16 pm
#14
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: A beginner's question re: Green Card through marriage
Rene:
Re-read OP's post. There is what appears to be a strategic use of the word "we." I don't know if she meant just "I" in the physical sense. I am quite uncertain as to who is where.
Until that is clarified, your advice may also not be the best way. I don't know what is best.
Re-read OP's post. There is what appears to be a strategic use of the word "we." I don't know if she meant just "I" in the physical sense. I am quite uncertain as to who is where.
Until that is clarified, your advice may also not be the best way. I don't know what is best.
Rene
Aug 20th 2009, 12:31 am
#15
Just Joined
Thread Starter
Joined: Aug 2009
Posts: 24
Re: A beginner's question re: Green Card through marriage
Rene:
Re-read OP's post. There is what appears to be a strategic use of the word "we." I don't know if she meant just "I" in the physical sense. I am quite uncertain as to who is where.
Until that is clarified, your advice may also not be the best way. I don't know what is best.
Re-read OP's post. There is what appears to be a strategic use of the word "we." I don't know if she meant just "I" in the physical sense. I am quite uncertain as to who is where.
Until that is clarified, your advice may also not be the best way. I don't know what is best.
He is currently in the US visiting until next Thursday. I don't think we are going to do anything like get engaged this trip. We need to save up a ton of money first.
Does that change anything?