WARPed

CONGRATULATIONS on making the first steps to a wise decision. With USCIS (or anything else of course ) legal is the best and only way to go. I heard a lot of stories from people who have done it the wrong way and got away with it. It is very tempting to do so but just not worth the extra risk of being denied the right to be with a loved one if your application failed as a result.

Do your research, read up on everything and ask all the questions you need. Like I said unless you have complexities in your case you CAN do this without the need for an attorney. We did. Just keep everything organized, make multiple copies and fill out/double/triple check all the forms. Time consuming...YES. Difficult...NO! Worth it...100%

Play by the rules in the near future too. Deffo no overstays on his part. Be extra cautious and plan for him to leave a few days before the date in his passport to account for any possible flight delays that could send him over the limit.

Read all the resources here and check out the other site I mentioned too.

You can do this.

Wenchy

Again, thank you! I am sure once we start it all - filling out the forms etc., that I will have additional questions but much thanks so far.

Folinskyinla

Hey Matt:

I just re-read the original post too -- there is one part of the advice that is not illegal per se -- but ill-advised in my opinion.

Also, one thing I've learned in years of practice, there are often different paths to a goal and what is "best" is often based upon what client wants.

I still don't get a feeling that all the options with various in and outs [no pun intended] laid out. I will note that I was not at the consultation. And often what the attorney actually said may be misunderstood. I recently filed a MTR regarding a removal order -- I explained that the Board of Immigration Appeals will rule when it rules but DHS will have at least 10 days to respond -- damn if I don't get a call 15 days after filing to see if the BIA ruled yet based on what I told them!

h0tr0dder_uk

I think you should do the I-129 / K1 route. I have just completed the first part of this and did it all myself simply by using the advice on this great site. Read through the wiki and previous posts and dont be afraid to ask questions. As long as there are no annomalies (like prior convictions etc) it should all be a simple process.

Good luck

Wenchy

WELL. After speaking to a friend of my boyfriend’s (she is British and married an American) we are now thinking of going the route of getting married while he’s here under the 90 day traveler’s visa and then petitioning for him to stay in the country. She and another friend successfully did it that way so we are now strongly considering that. She made me realize that under the fiancé Visa, my boyfriend will not be allowed to travel here during the approval process. That didn’t even enter my mind. The thought of not being able to see each other for however long we take to get approved doesn’t please us. Sure, I could see visit him there, but we won’t really have any extra money for that during this. She also said the fiance Visas are sort of a "joke" but I am not sure what she meant by that.

So now I’m off to research that option as well. The fiancé Visa option is not out yet but we are leaning towards the other way. If anyone wants to add anything I should know about that, I would appreciate it.

WARPed

Be aware that entering the US under VWP with the intention of getting married and then trying to remain here is Visa Fraud and will be viewed that way by USCIS. I'm not saying that with a lawyer you wouldn't win a petition for him to stay but it really isn't the correct way of doing it and comes with risk that he may be denied residency, would have ended up overstaying his 90 days and then potentially being unable to re-enter the US in the future. How would that work for your marriage?

It is not set in stone that you BF would not be able to visit you during the petition. I've read of several people visiting their SO's during visa processing and hopefully they can comment on here for you. Whether anyone can enter the US is at the discretion of the border officer. Your SO being able to show ties to the UK and proof of intent to go home after his visit is key. Letter from employer, return flight details, rental contract or mortgage information etc. Even if the worst happened and he was sent back to the UK...could you not go and take a holiday over there to see him?

Take the route that suits you but be mindful of the potential consequences. Seriously...is it worth the risk? Legal way is the only way IMO when it comes to matters of the heart and USCIS.

Wenchy

Thanks again for your input.

You are right about it potentially being viewed as fraud but according to my friend (famous last words, right?) since we do have a lot of proof that our relationship is real and if we don’t get married within a couple weeks of him being here, she said it would look just like it was unplanned. But I do agree that it is a big risk to take.

If you are right about him being able to travel here during the K-1 process, then that would be great.

Sigh. This whole process is so complicated and scary. I have no idea what to do.

Noorah101

I didn't read back on all the posts...did you already have a consultation with an immigration attorney? If not, have one NOW. Ask the attorney about all your options, and listen to him when he tells you what the risks are if you choose to adjust status from the VWP (as you mention here). There are definitely long-term consequences if it doesn't go well, and you should be aware of them.

Then, weigh your options and make a choice that will fit in with your long-term goals (not the short term ones).

Your friend was wrong - he IS allowed to visit while the visa process is going on, and so are you.

Keep in mind that your friend is not an immigration attorney (at least you didn't say she is), and what happened to her is individual to her own case. Your case could have completely different results.

Rene

WARPed

By proving that you had an established relationship prior to his "vacation" visit under the VWP would in my eyes put more weight on the possibility that you had intent to do this rather than it being a shotgun wedding. Not sure if USCIS would view it like this or not and what woudl happen if they agreed with my assumption (probably denial).

Wenchy

Thank you Noorah. Yes we did visit with an attorney and he advised us to have my boyfriend overstay his VWP and then try for a Green Card. Nice, huh?

I am very glad to know he could visit during the process.

Back to the K-1 then I think?

You are all very helpful, thank you so much.

Noorah101

Oh yes, I remember now. I can sort of understand the advice to file AOS now, but I certainly don't understand why he would suggest an overstay at all...that could be VERY detrimental to your case, in my layman's opinion. Did he explain what would happen if the AOS is denied?

Rene

Wenchy

No, he didn't explain much of anything! He made it seem like his way was done all the time (which it very well might be) and that we would have no problems. He was all about getting it done for us as fast as possible which just threw up a red flag for me.

meauxna

Personally, I don't think that you're in a position to make an informed decision about AOS (staying here now), so the default position is to move forward as if that were not an option. That's just my opinion as a regular Joe since the stakes are so high.
The foreign fiance has an opportunity to tie up things at home properly, save up money for the upcoming period without work in the US and the couple can plan for the sort of wedding celebration they want. Cases are being approved faster each quarter it seems and YES you may visit during this time (the USC can also go abroad).

Attorney Susan Pai posted this for us several months ago. If you don't understand 50% of what is written in it, then you may not be in a position to make your decision in time.
VWP Overstay Spouses: Adjust ASAP

Wenchy

Oh yea, we weren't at all intending for him to stay now and start everything this trip. We are in no position financially to do it yet and as you said, he has a lot of loose ends to tie up at home and we have a lot of planning to do. That's why I didn't like it when this attorney suggested doing everything right away.

I am very glad to know he can visit during the approval for the K-1. I wish I knew why my boyfriend's friend said fiance visas are a joke. I need to ask her her reasoning.

Thanks for that link and for your input.

meauxna

She may have said that because she doesn't understand all the issues that aren't clearly visible. There have been MOUNTAINS of discussions on this topic, particularly on pre-planning it when the foreign fiance is out of the US, in the what, 7 or 8 years I've been reading here.
Search on '10 foot pole' 'ten foot pole' & 'VWP express' or 'spur of the moment' for some salty and technical discussions. Actually the Susan Pai thread is a good summation even if it lacks the emotion of some of the earlier discussions.

The fiance visa is the defined way for someone to immigrate to the US and marry a US citizen. IF rules were previously bent to the point where some in the public think it's OK to sidestep that process, that doesn't mean that's today's situation. Rules and policies are changing, the law is still the law that it has been. I would not want to gamble MY future on the whim of one of CBP's many efficient border agents or USCIS's patient, kind & gentle interviewers.

Your friend's azz is (hopefully) covered; she has nothing at stake if it goes bad for you.

Once your BF leaves this week, the VWP/AOS option is most definitely off the table; it would open another entire can of worms to pursue that later.